Terms of Use

By using InterAction’s member portal (the “Member Portal”), you accept and agree to be bound by these terms and conditions (“Terms of Use”), in addition to any terms of use or terms of service specifically incorporated in these Terms of Use as provided in section 1.4 below. It is important for you to read these Terms of Use and any documents incorporated herein as they form a legal agreement between you and Interaction regarding your use of the Member Portal.

1. The Member Portal.

1.1 Description of the Member Portal. The Member Portal is a password-protected site hosted on InterAction.org that allows InterAction members to share and view information subject to the limitations and conditions described below. The information accessible through the Member Portal is referred to in this document as “the Content.”  Subject to the limitations and conditions described in these Terms of Use, you may use the Member Portal to share information and/or opinions about investigators, law firms, or other entities and individuals that may be useful to other members of InterAction, to view such information and/or opinions that has been shared by other members, and to share or view training materials and other content consistent with InterAction’s mission.

1.2 Access to the Member Portal. InterAction reserves the sole right and discretion to determine whether your use of the Member Portal is in conformance with this Section, and also reserves the right to terminate or suspend your access to the Member Portal at any time for any reason, without notice.

1.3 Modifications. InterAction reserves the right to release subsequent versions of the Member Portal. InterAction may modify these Terms of Use at any time with or without notice, and you can review the most current version of these Terms of Use online at any time at [HYPERLINK].  If you continue to use the Member Portal, you will be deemed to have accepted the modifications.

1.4 Appropriate Conduct and Prohibited Uses.  InterAction grants you permission to use the Member Portal as set forth in these Terms of Use, provided that: (i) your use of the Member Portal as permitted is solely for your noncommercial use; (ii) you will not alter or modify any part of the Member Portal or the website housing the Member Portal other than as may be reasonably necessary to use the Member Portal for its intended purpose; and (iii) you will otherwise comply with the terms and conditions of these Terms of Use. You agree that you are responsible for your own conduct and content while using the Member Portal and for any consequences thereof. You agree to use the Member Portal only for purposes that are legal, proper and in accordance with these Terms of Use and any applicable policies or guidelines. By way of example, and not as a limitation, you agree that when using the Member Portal, you will not:

–     defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

–     upload, post, email or transmit or otherwise make available any inappropriate, defamatory, infringing, obscene, or unlawful content;

–     upload, post, email or transmit or otherwise make available any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of the rights or have the permission of the owner to post such content;

–     upload, post, email or transmit or otherwise make available messages that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law, these Terms of Use or any applicable policies or guidelines.

–     download any file posted by another that you know, or reasonably should know, that cannot be legally distributed in such manner;

–     impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material;

–     restrict or inhibit any other user from using and enjoying the Member Portal;

–     remove any copyright, trademark or other proprietary rights notices contained in or on the Member Portal;

–     interfere with or disrupt the Member Portal or InterAction’s servers or networks, or disobey any requirements, procedures, policies or regulations of networks connected to InterAction;

–     use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of InterAction’s services or collect information about users for any unauthorized purpose;

–     submit content that falsely expresses or implies that such content is sponsored or endorsed by InterAction;

–     promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual; or

–     transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.

2. Proprietary Rights.

For purposes of these Terms of Use, “Intellectual Property Rights” shall mean any and all rights existing from time to time under patent law, copyright law, moral rights law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. As between you and InterAction, you acknowledge that InterAction or its licensors own all right, title and interest, including without limitation all Intellectual Property Rights, in and to the Member Portal and that you shall not acquire any right, title, or interest in or to the Member Portal, except as expressly set forth in these Terms of Use.

3. User Submissions

(a)        The Member Portal permits members to submit information and opinions, including recommendations of law firms, investigators, and other individuals and firms and contact information for those individuals and firms.  Information you or others submit to the Member Portal, including both materials posted to and uploaded to the Member Portal, are referred to herein as “User Submissions”.  You understand that whether or not such User Submissions are published, InterAction does not guarantee any confidentiality with respect to any User Submissions.

(b)       You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize InterAction to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Member Portal and these Terms of Use.  By submitting User Submissions to the Member Portal, you hereby grant InterAction a worldwide, non-exclusive, royalty-free, transferable license to use the User Submissions in connection with the Member Portal and InterAction’s (and its successor’s) activities.  You also hereby grant each user of the Member Portal a non-exclusive license to access your User Submissions through the Member Portal, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Member Portal and under these Terms of Use.

(c)        In connection with User Submissions, you agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant InterAction all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage InterAction or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: or (v) impersonate another person. InterAction does not endorse any User Submission or any opinion expressed therein, and InterAction expressly disclaims any and all liability in connection with User Submissions. InterAction does not permit copyright infringing activities and infringement of intellectual property rights on its Member Portal, and InterAction will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. InterAction reserves the right to remove Content and User Submissions without prior notice. A repeat infringer is a user of the Member Portal who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Member Portal more than twice. InterAction also reserves the right to decide whether a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material. InterAction may remove such User Submissions and/or terminate a user’s ability to upload such material at any time, without prior notice and at its sole discretion.

4. Privacy Policy.

InterAction’s collection and use of information through the Member Portal is also governed by the InterAction’s Privacy Policy, available at www.interaction.org/privacy-policy.  Any conflict between these Terms of Use and the Privacy Policy shall be resolved in favor of these Terms of Use.

5. DISCLAIMER OF WARRANTIES.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

1. YOUR USE OF THE MEMBER PORTAL IS AT YOUR SOLE RISK. THE MEMBER PORTAL, AND ANY CONTENT PROVIDED BY INTERACTION, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. INTERACTION AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. INTERACTION AND ITS LICENSORS MAKE NO WARRANTY THAT (i) THE MEMBER PORTAL OR THE CONTENT WILL MEET YOUR REQUIREMENTS, (ii) THE MEMBER PORTAL WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MEMBER PORTAL WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE MEMBER PORTAL WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE MEMBER PORTAL IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR RECEIPT OF ANY SUCH MATERIAL.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM INTERACTION OR THROUGH OR FROM THE MEMBER PORTAL OR ANY WEBSITE OPERATED BY INTERACTION SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

6. LIMITATION OF LIABILITY.

IN NO EVENT SHALL INTERACTION, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR MISLEADING CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE MEMBER PORTAL, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF INTERACTION’S SERVERS AND/OR ANY AND ALL PERSONALLY IDENTIFIABLE INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM INTERACTION’S WEBSITES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH INTERACTION’S WEBSITES BY ANY THIRD PARTY, AND/OR (V) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MEMBER PORTAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT INTERACTION IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT INTERACTION SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Member Portal is controlled and offered by InterAction from its facilities in the United States of America. InterAction makes no representations that the Member Portal is appropriate or available for use in other locations. Those who access or use the Member Portal from other jurisdictions do so at their own volition and are responsible for compliance with local law.

7. Indemnity.

You agree to defend, indemnify and hold harmless InterAction, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Member Portal; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that content submitted by you damaged a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Member Portal.

8. Termination.

InterAction may change, suspend or discontinue any or all aspects of the Member Portal, including its availability, at any time, and may suspend or terminate your use of the Member Portal at any time and without prior notice.

9. Miscellaneous.

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by InterAction without restriction. You agree that: (i) the Member Portal shall be deemed solely based in Washington, DC; and (ii) the Member Portal shall be deemed a passive website that does not give rise to personal jurisdiction over InterAction, either specific or general, in jurisdictions other than Washington, DC. These Terms of Use shall be governed by the internal substantive laws of the District of Columbia, without respect to its conflict of laws principles. Any claim or dispute between you and InterAction that arises in whole or in part from the Member Portal shall be decided exclusively by a court of competent jurisdiction located in the District of Columbia. These Terms of Use, together with the Privacy Policy at www.interaction.org/privacy-policy/, the terms of use and service noted in section 1.4 above and any other legal notices published by InterAction on the Member Portal, shall constitute the entire agreement between you and InterAction concerning the Member Portal. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and InterAction’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. InterAction reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Member Portal following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND INTERACTION AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE MEMBER PORTAL MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.