Website Terms of Use
PLEASE REVIEW BEFORE USING THIS WEBSITE - IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THIS WEBSITE.
General Description
Welcome to ExpostFactoForum. The following terms and conditions of use govern access to and all use of the www.expostfactoforum.com website (the “Website”) and all content obtained from or through the Website. The Website is owned and operated by The ExpostFactoForum Foundation, a Wisconsin non-profit organization. The mission of ExpostFactoForum is to provide the services detailed in the Forum FAQ. These Terms of Use provide the rules governing your use of the Website (as amended, modified and replaced from time to time, the "Terms"). By accessing, using, or contributing to the Website, and in consideration for the services provided by the Website to you, you agree to comply with the Terms. These Terms expressly incorporate and include the Privacy Policy and any guidelines, policies, or additional terms or disclaimers that may be posted and/or updated on the Website from time to time.
We may change the Terms at any time and from time to time in our sole discretion. Your continued use of the Website following the posting of such changes constitutes your acceptance of and agreement with all such changes. We encourage you to periodically visit this section of the Website to review the current version of the Terms. These Terms can only be modified, waived or amended by a written agreement signed by us.
Account Registration
To utilize certain services provided available through the Website you must complete a registration form and establish an account. You represent and warrant to us that all information provided by you in connection with the establishment of your account is true, correct and complete, and that you will update this information promptly if it becomes inaccurate or incomplete. Each registration must be for a single individual only, unless you specifically designate otherwise on the form of registration. We do not permit a) any third party to use your name and password when contributing to sections of the Website requiring registration; or b) access through a single name being made available to multiple users. As a registered user of the Website, we grant to you a non-transferable, non-exclusive and revocable license to use the Website in accordance with these Terms. Except as expressly provided herein, you acquire no right, title or license in or to the Website or any content or submission accessed from or incorporated into the Website. If you do not want the content that you provide to appear in your own name you must check the box on the registration form requesting that content be posted under a pseudonym. We will provide a randomly generated pseudonym and your content will be posted under that pseudonym.
Password and Security
As a registered user of the Website, you may receive or establish one or more passwords. You are solely responsible for maintaining the confidentiality and security of your password(s) and Website account(s). ExpostFactoForum is not liable for any losses, costs, expenses, claims or damages resulting from or related to, directly or indirectly, the use or misuse of your password or account due to the activities of any third party outside of our control or due to your failure to maintain their confidentiality and security. Any accounts you create are not transferrable. You agree to notify us immediately if you become aware of any unauthorized use of your Website account(s).
Content Terms
No Commercial Use; Personal Use Only
The Website is provided solely for personal, non-commercial use. You shall not download, copy, sell, exploit, or otherwise obtain any material from the Website, other than your own material, and reformat, repost, or redisplay it for commercial purpose. You may not reformat, repost, or redisplay any material from the Website, other than your own material, for non-commercial purposes except as expressly authorized in writing by ExpostFactoForum and except as is consistent with the mission of the Website to improve the quality of legal work and legal discourse. You may cite or quote individual Website viewership and usage statistics, rankings, citations, and similar information with acknowledgment of the source, date, and URL for this information. These exceptions for noncommercial use apply only to specific documents and use of specific Website-provided statistics and other information. They do not convey any rights to reproduce or otherwise make use of all or a significant part of the Website or the information on the Website.
Submitted Materials
Submitted materials must be consistent with the mission and goals of the Website. It is understood that no such materials shall be illegal, obscene, defamatory, discriminatory, threatening, accusatory, infringing upon the intellectual property rights of others, invasive of privacy or otherwise injurious, harmful or objectionable. ExpostFactoForum does not pre-screen or regularly review any submitted materials, but ExpostFactoForum has the right (though not the obligation) in its sole discretion to monitor submissions to determine compliance with these Terms of Use and any operating policies and rules, as well as to comply with any law, regulation, or governmental request. Without limiting any of the foregoing provisions or any of your representations and warranties, ExpostFactoForum has the right but not the obligation, in its sole discretion, to (a) refuse to post (or may remove) content that it believes in its sole discretion violates ExpostFactoForum’s guidelines or other policies or is deemed by ExpostFactoForum to be contrary to the objectives of the Website or otherwise harmful or objectionable and (b) deny or terminate any contributor’s or visitor’s access to or use of the Website. ExpostFactoForum disclaims all representations with respect to content posted by third parties, and the posting of such content does not imply that the content is helpful, correct, or harmless. It is acknowledged that content may be incorrect, inaccurate, useless, offensive, or otherwise objectionable. Errors, minor and major, may also be present in content. Viewers and visitors are responsible for evaluating the merits, or lack thereof, of all content.
Intellectual Property: Copyright and Trademarks
Our contributors hereby represent and warrant when providing materials to the Website that doing so does not infringe or otherwise violate any other parties' intellectual property, copyright or other proprietary rights. Accordingly, you may only post versions of documents, agreements, or other content (collectively, “Works”) on the Website if you have the permission or the right to do so. You may post your Works to the Website only if you are the copyright owner, have the copyright owner’s permission, or are otherwise permitted to do so.
Our contributors also hereby represent that the materials provided to the Website do not contain or result in the installation of any viruses, worms, malware, Trojan horses or other harmful or destructive items; the materials do not consist of spam, are not machine-or randomly generated, and are not designed to direct internet traffic to third party websites or improve the search engine rankings of third party websites, or to promote illegal activities or mislead readers as to the source of the materials.
License to ExpostFactoForum
Users and other contributors grant to ExpostFactoForum a limited, non-exclusive, worldwide, royalty free, revocable license to use materials posted on or otherwise contributed to the Website for the purpose of displaying and promoting such materials and the Website. By contributing content to the Website, you grant ExpostFactoForum a non-exclusive, royalty-free, perpetual, worldwide, revocable license to use your content in connection with the Website, including, without limitation, the rights to copy, reproduce, modify, adapt, publish, distribute, transmit, publicly display, print, allow others to print, publicly perform, edit, translate, and reformat your digital and non-digital content, and/or to incorporate it into a collective work.
Except as otherwise provided in these Terms of Use or in any additional terms that we may publish from time to time with respect to the use of the Website, we do not claim ownership of any materials or other content that you or any third parties provide to us (including suggestions and feedback with respect to the Website) or post, upload, input or submit on or through the Website, including our comment or discussion features, whether for review by the general public, registered users of the Website or otherwise ("Submitted Materials"), and you retain ownership of any intellectual property rights that you hold in the Submitted Materials. Accordingly, we are not responsible for the content, accuracy, substance, use, impact, completeness, or compliance with any relevant laws or regulations of any Submitted Materials.
To the extent the Website contains material that infringes upon the intellectual property rights of others, or the copying, use or downloading of material on the Website is subject to additional terms or conditions, whether express or implied, ExpostFactoForum disclaims any liability or responsibility for all damages and losses resulting from the use of the Website and the copying, use and downloading of materials posted on the Website. You understand that certain trademarks, logos, service marks and graphics used in connection with the Website may be owned by other third parties. Use of the Website does not grant any right or license to copy, reproduce or otherwise use any such third-party intellectual property.
ExpostFactoForum Intellectual Property Ownership and Rights
All materials that are on the Website are the copyright of ExpostFactoForum or are reproduced with permission from other copyright owners. All rights are reserved. The materials on the Website may be retrieved and downloaded solely for personal non-commercial use. No materials, other than your own materials, may otherwise be copied, modified, published, broadcast or otherwise distributed except as expressly authorized in writing by ExpostFactoForum and except as is consistent with the mission of the Website to improve the quality of legal work and legal discourse. ExpostFactoForum.com; ExpostFactoForum, ExpostFacto Foundation and/or any other names referred to on this Website are either trademarks or registered trademarks of ExpostFactoForum. Use of the Website does not grant any right or license to copy, reproduce or otherwise use any such intellectual property. All of ExpostFactoForum’s intellectual property belongs to it, and this Agreement does not transfer any rights with respect thereto to you. Similarly, no third-party intellectual property rights are transferred to you by virtue of these Terms.
Visitor Browsing
You understand that the content made available via the Website is the work of individual authors and does not necessarily represent the views of or an endorsement by ExpostFactoForum. ExpostFactoForum assumes no responsibility for the accuracy, suitability, or completeness of any content provided.
Hyperlinking
Although you may hypertext link to the Website, you shall not, by implication or otherwise, suggest that ExpostFactoForum endorses, supports or otherwise sponsors your site, product or service. No intellectual property, including trademarks, service marks, and copyrighted materials appearing on the Website, may be used or appear on your website without the prior express written consent of or an explicit license from the owner of the mark or right. The content of and materials on the Website may not be incorporated into another site without our prior written consent.
Materials made available directly on the Website or via links to other websites have not been prescreened or reviewed by ExpostFactoForum. Accordingly, links to materials should not in any way be viewed to suggest that ExpostFactoForum is affiliated with or endorses any such third party website. ExpostFactoForum accepts no responsibility or liability for any content accessed or harm resulting from or caused by any third-party website.
User Representations and Warranties
With respect to any materials submitted by you to us for posting, you represent and warrant that you have all right, title, and interest in and to such materials, and have obtained all necessary consents, authorizations, licenses, and releases from any third party (including without limitation any consents related to privacy or publicity rights) necessary for you to furnish, post, upload, input or submit such materials to us, and that posting such materials on the Website does not violate, breach or infringe any intellectual property rights of any person or entity, including patent, copyright, trademark, trade secret, and rights of privacy or publicity, or otherwise breach any agreement with any other person or entity. You are solely responsible for the content of, and any loss or harm resulting from, materials that you submit to us for posting.
Further, you represent and warrant that you will not, nor will you use any type of software to, send automated or repeated inquiries of any kind to us. You represent and warrant that you shall not attempt to post any Submitted Materials using a pseudonym or otherwise anonymously, that you are using your own legal name, that the information you have provided about yourself is true and correct (and that you will update this information promptly if it becomes inaccurate or incomplete), and that all information contained in the posted material is original and your own work or work you are authorized to submit, that the material complies with the Website guidelines and policies and does not contain any threatening, harassing, libelous, false, defamatory, offensive, accusatory, obscene, or pornographic material, or other material that would violate applicable law or regulation. You agree that you will not knowingly with intent to defraud provide materially misleading information. You represent and warrant that the material you submit to us does not violate the Terms and that you will comply with all applicable laws and regulations in connection with your use of the Website.
Indemnification
You hereby indemnify and hold ExpostFactoForum, its affiliates, members, managers, officers, employees and agents, harmless, including costs and expenses and attorneys' fees, from and against all losses, costs, claims, damages and demands resulting from or arising out of your use of ExpostFactoForum, your violation of the Terms, or infringement by you or made under your account, of any intellectual property or other right of any person or entity.
Complaints: Intellectual Property Infringement and Failure to Comply with the Terms of Use
If you in good faith believe that any Submitted Materials on the Website infringe any copyright or other intellectual property right, please send us an email addressed to [X], signed manually or electronically by the owner of the intellectual property (or a third party duly authorized to act on behalf of such owner), that contains the following information: (i) a description of the Submitted Material that violates the copyright or other intellectual property right so that we can identify it; (ii) the specific identification of the copyright or other intellectual property right that you assert is being violated; (iii) your complete contact information, including your name, email address, and telephone number; and (iv) a certification made in good faith that you believe the Submitted Material infringes such copyright or other intellectual property right, you are the owner (or a person authorized to act on behalf of such owner) of the copyright or other intellectual property right at issue, and that all information provided in such certification is true, correct and complete.
We request that you provide a sufficiently detailed description of the basis of your complaint and your contact information in the event we need additional information. We will review your complaint and determine whether our Terms have been violated. After we have completed our review, we will inform you of the outcome within a reasonable time of receiving your complaint.
If a third party complains to us about Submitted Materials that you have posted or uploaded, we will use reasonable efforts to investigate the complaint to determine whether the Submitted Materials violate the Terms. In addition, if we independently are concerned that you have violated the Terms, we will also investigate. In either case, if we determine, in our sole discretion, that you have violated the Terms, we may at any time and from time to time take such action as we deem appropriate, including without limitation the following: sending a notice to you warning you of the violation; temporarily or permanently removing any offending Submitted Materials uploaded by you to the Website; temporarily or permanently suspending or terminating your authorization to use the Website and/or closing your account; commencing legal action against you including proceedings for reimbursement of all indemnified costs and expenses (including without limitation, legal fees and expenses) resulting from or arising out of or in connection with such breach; and/or disclosure of such information to law enforcement authorities or to a third party complainant as we deem to be reasonably necessary or required (and including disclosure of your identity to the complainant if we determine that the complaint is justified); and/or use any technological, legal, operational or other means available to us to enforce the provisions of these Terms.
General Terms
Disclaimer of Liability and Termination of Website
ExpostFactoForum disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Website. ExpostFactoForum reserves the right to terminate, amend, modify, suspend, or discontinue the Website or access to the Website without notice at any time and from time to time and without incurring any liability therefor. Users are solely responsible for protecting themselves and their computer systems from viruses and other damaging Submitted Material, including harm from websites and webpages that are linked in Submitted Material provided by other users. Our visitors use the Website at their own risk. We make no warranty that the Website will be error free or available, or that access to it will be continuous or uninterrupted. We disclaim all liability for all losses and damages that you may sustain from reliance on materials posted to the Website or comments to your work product. You are responsible for evaluating all materials posted to the Website, including for accuracy.
Scope of Terms
The Terms apply to the use of and all submissions to the Website and any account with respect thereto.
No Waiver
The failure by ExpostFactoForum to exercise or enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision in that or any other instance. No part of these Terms shall be deemed waived, and no breach consented to, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. No waiver of any rights or consent to any breaches shall constitute a waiver of any other rights or consent to any other breach.
Viewership Statistics
ExpostFactoForum intends to maintain statistics measuring viewership, including download counts and other engagement type statistics as an indication of readership and other use of the Website. No user may use the Website in a manner designed to influence the number of downloads and other usage statistics, or encourage others to do so. ExpostFactoForum may remove materials, terminate Website access and/or adjust statistics appropriately if it appears that such manipulation has occurred.
DISCLAIMER OF WARRANTY and LIMITATION OF LIABILITIES
THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXPOSTFACTOFORUM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE WEBSITE'S OPERATION OR THE INFORMATION, CONTENT OR MATERIALS ON THE WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, EXPOSTFACTOFORUM HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. EXPOSTFACTOFORUM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THE WEBSITE. YOU EXPRESSLY AGREE THAT YOU USE THE WEBSITE SOLELY AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES SHALL EXPOSTFACTOFORUM OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, ECONOMIC, CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR LOSS OF USE DAMAGES OR LOST PROFITS), OR SIMILAR DAMAGES, REPUTATIONAL HARM, PERSONAL INJURY (INCLUDING DEATH, LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES) ARISING OUT OF OR CONNECTED WITH THE WEBSITE (INCLUDING BUT NOT LIMITED TO ITS OPERATION, ITS CONTENTS OR THE INFORMATION OR MATERIALS CONTAINED THEREIN, OR THE USE OR INABILITY TO USE ANY OTHER SITE LINKED TO THE WEBSITE, OR ANY CONTENT CONTAINED IN ANY SUCH SITE, OR THESE TERMS, OR THE COPYRIGHT AND INTELLECTUAL PROPERTY POLICY, OR THE PRIVACY POLICY APPLICABLE TO THE WEBSITE) EVEN IF EXPOSTFACTOFORUM, ITS SUPPLIERS, OR LICENSORS HAVE BEEN NOTIFIED OF THE POSSIBILITY OF ANY DAMAGES THE RESPECTIVE LIABILITY OF EXPOSTFACTOFORUM, ITS SUPPLIERS AND LICENSORS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. This exclusion and limitation only apply to the extent permitted by law.
The sole and exclusive right and remedy for any issues or complaints that you may have relating directly or indirectly to the Website shall be your termination of access to and discontinuation of use of the Website.
Sanctions
Where the Website, its information or any Submitted Materials consist of software that is subject to US, EU, or any other Sanctions, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government, EU or other embargo, or that has been designated by the U.S. Government or the EU as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government, EU or any other list of prohibited or restricted parties.
Last updated November 2024