YOU MAY NOT ACCESS OR IN ANY WAY MAKE USE OF THE SITES UNLESS YOU ARE AT LEAST 18 YEARS OLD.
2. Site Use and Services
2.1 No Obligation To Provide Services. You acknowledge and agree that we may, in our sole discretion, suspend or permanently refuse any and all current or future use of the Service (or any portion thereof), as defined below.
2.2 Registration. In consideration of your use of the Site, you agree to:
(a) Provide true, accurate, current and complete information about yourself as prompted by the Sites registration form (the "Registration Data");
(b) Maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
(c) Maintaining the confidentiality of the Registration Data;
(d) Accept responsibility for all activities that occur under your account;
(e) Immediately notify communityXchanges, LLC of any unauthorized use of your password or account or any other breach of security; and
(f) Ensure that you exit from your account at the end of each session.
2.3 Non-member Services. Subject to the terms contained herein, any Site visitor who is not a Member (as defined below) is a "Non-member." communityXchanges, LLC provides its Non-members with a limited access to resources, including various forums, third party promotional materials (advertising), blogs, information about various events, search services, personalized content and so on (the "Non-member Service"). A detailed description of the level of access and use of the Sites available to the Non-members is outlined on the About pages of each site.
2.4 Member Services Conditions.
(a) Member Services. communityXchanges, LLC provides its Members with access to a rich collection of resources, including various databases, forums, third party promotional materials (advertising), networking services, blogs, information about various events, search services, personalized content and so on (the "Member Services"). A detailed description of the level of access and use of the Sites available to the Members is outlined on the About pages of each site.
(b) Payment Terms. The Membership Fee shall be due and payable immediately upon activating optional Premier Member services.
(d) Membership Duration. No time limits apply to the free Membership term, unless earlier terminated as contemplated hereunder.
2.6 Third Party Information. You understand and agree that the Services may include advertisements and other third party promotional materials, campaigns and tools. You also understand and agree that the Service may include certain communications from communityXchanges, LLC, such as service announcements and administrative messages. Receiving these communications is a condition of your use of the Site, and you will not be able to opt out of receiving them.
2.7 Right to Discontinue Services. communityXchanges, LLC reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) at any time and without notice. You agree that communityXchanges, LLC is not liable to you or to any third party for any modification, suspension or discontinuance of the Services.
4. User Representations, Conduct and Obligations
4.1 You represent that you are of legal age to form a binding contract and are not a person barred from using the Sites under the applicable state and/or federal laws of the United States.
4.2 You agree not to do the following:
(a) Upload, post, email, transmit or otherwise make available any information or data that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) Impersonate any person or entity, including, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(c) Manipulate identifiers in order to disguise the origin of any information or data you transmit using the Services;
(d) Upload, post, email, transmit or otherwise make available any data or information that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(e) Upload, post, email, transmit or otherwise make available any data or information that infringes any intellectual property rights of any party;
(f) Disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other users' ability to use the Services;
(g) Intentionally or unintentionally violate any applicable local, state, national or international law;
(h) Provide material support or resources to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
(i) "Stalk" or otherwise harass other users; or
(j) Collect or store personal data about other users.
4.3 With respect to information you submit or make available for inclusion in areas only accessible by other Members as selected by you, you agree and acknowledge to grant such other Members a perpetual, irrevocable license to use, reproduce and modify such information for the purpose for which such information was submitted or made available. You acknowledge and agree that other Members with whom you communicate will have access to some or all of your information.
5. INCAPAX.COM Rights Concerning Data and Information
5.2 You acknowledge and agree that communityXchanges, LLC may access, preserve, and disclose your account information and data if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOU; (iii) respond to claims that any data or information violates the rights of third-parties or other claims of abuse; (iv) respond to your requests for customer service; or (v) protect the rights, property, or personal safety of communityXchanges, LLC, its Users and the public.
5.3 You acknowledge and agree that the technical processing and transmission of your data and information, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
5.4 You acknowledge and agree that the Services and software embodied within the Sites may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by communityXchanges, LLC and/or service providers. You shall not attempt to override or circumvent any of the usage rules embedded into the Site. You acknowledge and agree that any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Site, in whole or in part, is strictly prohibited.
5.6 You acknowledge and agree that communityXchanges, LLC may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days that private messages, message board postings or other information or data will be retained, the maximum number of messages that may be sent from or received by a user, the maximum size of any message or post that may be sent from or received by a user, and so on. You agree that communityXchanges, LLC has no responsibility or liability for the deletion or failure to store any information, messages and other communications transmitted by or through the use of this Site. You acknowledge and agree that communityXchanges, LLC at its sole discretion reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge and agree that communityXchanges, LLC reserves the right to modify these general practices and limits from time to time and without notice to you.
5.7 communityXchanges, LLC reserves the right, but has no obligation, to monitor disputes between you and other users.
5.8 You acknowledge and agree that your feedback, comments and suggestions about communityXchanges, LLC may be used without any obligation to compensate you for them. You further acknowledge and agree that your feedback, comments and suggestions are completely voluntary.
6. Proprietary Rights of communityXchanges, LLC and Third Parties
6.1 You acknowledge and agree that your use of the Sites and Services provides you with access to proprietary and confidential information that is protected or protectable by applicable intellectual property and other laws. You further agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, infringe or otherwise transfer or attempt to transfer any communityXchanges, LLC rights in the Sites and Services. You agree not to access the Sites or use the Services by any means other than through the interface that is provided by communityXchanges, LLC.
6.2 You further acknowledge and agree that information presented to you through the Sites by advertisers or other users may be protected by copyrights, trademarks, service marks, patents or other intellectual property rights and laws. Except as expressly authorized by communityXchanges, LLC or owners of such rights, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site, Services, or advertisers' information, in whole or in part.
6.3 As an active user of the Sites and for a period of at least three (3) years thereafter, you agree to refrain from marketing any product directly competitive with the Sites or the Services or developing an application that is competitive with the Sites or the Services. The geographic scope of this non-compete covenant shall be world-wide.
7. Dealing With Advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertisers. You agree that communityXchanges, LLC shall not be responsible or liable for any loss or damage of any sort caused or alleged to be caused by or in connection with any such dealings or as the result of the presence of such advertisers on the Site.
the Sites may provide, or third parties may provide, links to other World Wide Web Sites or resources. Because communityXchanges, LLC has no control over such Sites and resources, YOU ACKNOWLEDGE AND AGREE THAT communityXchanges, LLC IS NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH EXTERNAL Sites OR RESOURCES, AND DOES NOT ENDORSE AND IS NOT RESPONSIBLE OR LIABLE FOR ANY INFORMATION, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH Sites OR RESOURCES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT communityXchanges, LLC SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS OF ANY SORT CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH SITE OR RESOURCE.
9. Member Termination
10. DISCLAIMER OF WARRANTIES
YOU ACKNOWLEDGE AND AGREE THAT:
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. communityXchanges, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
communityXchanges, LLC MAKES NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU USING THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIALS OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU OR OTHERS THAT RESULT, DIRECTLY OR INDIRECTLY, FROM THE USE OF ANY SUCH INFORMATION OR DATA.
ALL INFORMATION, DATA, IDENTIFIERS OF YOU OR OTHERS YOU IDENTIFY, WHETHER PUBLICLY POSTED OR PRIVATELY TRANSMITTED, ARE THE SOLE RESPONSIBILITY OF THE PERSON FROM WHOM SUCH INFORMATION ORIGINATED.
YOU ACKNOWLEDGE AND AGREE THAT communityXchanges, LLC USES COMMERCIALLY REASONABLE EFFORTS TO PROTECT ITS USERS, BUT THAT communityXchanges, LLC DOES NOT GUARANTEE THAT THE USE OF THE SERVICES WILL BE SECURE.
communityXchanges, LLC IS NOT RESPONSIBLE FOR ANY INFORMATION THAT YOU PROVIDE, POST, EMAIL, TRANSMIT OR OTHERWISE MAKE AVAILABLE VIA THE SITE. YOU ACKNOWLEDGE AND AGREE THAT communityXchanges, LLC DOES NOT CONTROL THE INFORMATION POSTED VIA the Sites AND, AS SUCH, DOES NOT CONTROL THE ACCURACY, INTEGRITY, QUALITY OR ANY ASPECT OF SUCH INFORMATION. YOU UNDERSTAND THAT BY USING THE SERVICES, YOU MAY BE EXPOSED TO INFORMATION THAT IS OFFENSIVE, INDECENT OR OBJECTIONABLE. YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES IS communityXchanges, LLC LIABLE IN ANY WAY FOR ANY INFORMATION PROVIDED BY OTHER USERS, INCLUDING, BUT NOT LIMITED TO, FOR ANY ERRORS OR OMISSIONS IN ANY INFORMATION, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY INFORMATION POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SITE.
12. LIMITATION OF LIABILITY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT communityXchanges, LLC SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLES (EVEN IF communityXchanges, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AND TO THE EXTENT THAT A JUDGMENT IS RENDERED IN A COURT OF COMPETENT JURISDICTION DISREGARDING ONE OR MORE OF THE WARRANTY DISCLAIMERS AND LIABILITY LIMITATION COVENANTS CONTAINED HEREIN, communityXchanges, LLC'S AGGREGATE LIABILITY TO YOU SHALL NOT EXCEED THE LESSER OF ONE THOUSAND DOLLARS ($1000) OR THE AMOUNT YOU HAVE PAID communityXchanges, LLC IN THE PAST TWELVE MONTHS.
YOU AGREE NOT TO ASSERT ANY CLAIMS, ACTIONS OR DEMANDS AGAINST communityXchanges, LLC IN CONNECTION WITH OBJECTIONABLE USE OF YOUR INFORMATION BY OTHER USERS, WITH WHOM YOU CHOOSE TO ASSOCIATE, CONNECT, INTERACT AND/OR SHARE INFORMATION.
13. Site Notices
14. Procedure for Claims of Intellectual Property Infringement
14.1 Claims By Third Parties. communityXchanges, LLC respects the intellectual property of others, and we ask our users to do the same. communityXchanges, LLC may, in appropriate circumstances and at its sole discretion, disable and/or terminate the accounts of users whom communityXchanges, LLC believes are or may be infringers and, particularly, repeat infringers. communityXchanges, LLC reserves the right to terminate or reclaim your account if communityXchanges, LLC believes appropriate (for example, if communityXchanges, LLC believes that your username infringes third party's trademark rights).
14.2 DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, please provide communityXchanges, LLC's Copyright Agent the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
- communityXchanges, LLC's Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
15. General Information
15.2 Governing Law. This Agreement shall be construed according to the laws of the State of Massachusetts, without regard to its conflicts of laws provisions. The parties hereby consent to personal jurisdiction and venue with respect to the courts of competent jurisdiction in the Commonwealth of Massachusetts
NEITHER communityXchanges, LLC NOR THE SERVICE IS INTENDED TO PROVIDE LEGAL, TAX, INVESTMENT OR FINANCIAL ADVICE.
communityXchanges, LLC is not a registered exchange under the Securities Exchange Act of 1934, and users of the Services are not permitted to offer or solicit offers to sell or purchase a security or otherwise engage in securities transactions on this site.
communityXchanges, LLC is not a registered broker or dealer under the Securities Exchange Act of 1934.
communityXchanges, LLC is not a registered investment adviser under the Investment Advisers Act of 1940.
communityXchanges, LLC also is not a financial or tax planner, and does not offer legal advice to any user of the service.
Your personal financial situation is unique, and any use of the Service may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any transaction in connection with the Services, you should consider obtaining additional information and advice from financial and/or legal advisers who are fully aware of your individual circumstances.
communityXchanges, LLC does not (i) advise its Members or any uses of the Sites on the merits of a particular transaction, (ii) assist in the negotiation, transaction or financial dealings between the parties, (iii) provide legal or transactional advisory services to its Members or users, or (iv) participate or invest in any way or allow its employees to invest in or participate in any way in transactions between its Members. No contract can be entered into on this website and no transaction is processed or cleared by communityXchanges, LLC.