Introduction
Welcome to Score IP®, a technology and business consultancy based in New York, NY. As discussed throughout ScoreIP.com, JudicialStats.com, and our other websites, We are dedicated to providing new, exciting intellectual property products and services to our users and customers. Our goal is to provide an engaging, timely, and high-quality experience for all of our users and customers. To ensure that experience, we have developed the following Terms and Conditions.
The Score IP-owned websites and webpages (including those located within the top-level domain http://www.scoreip.com and http://www.judicialstats.com, among other addresses, and referred to hereinafter as the “Score IP Site” or the “Site”), and all products and services marketed under or in association with the Score IP Trademarks are exclusively owned by Score IP, Inc., and/or its representatives, officers, employees, contractors, affiliates and assigns (collectively, the “Company,” “We” or “Us.”) Your use of the Site, and all information, materials and services accessible through the Site, and all products and services marketed under the Score IP Trademarks is subject to important terms and conditions (referred to herein as the “Terms and Conditions”). BY ACCESSING THE SITE, OR ANY INFORMATION, MATERIALS OR SERVICES MADE AVAILABLE THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO ANY INFORMATION CUSTOM OR OTHERWISE ORDERED FROM THE COMPANY OR PRODUCTS OR SERVICES MARKETED UNDER THE SCORE IP TRADEMARKS, YOU AGREE TO BE LEGALLY BOUND BY EACH PROVISION SET FORTH IN THIS DOCUMENT - I.E., THE TERMS AND CONDITIONS. IT IS YOUR DUTY TO READ THE TERMS AND CONDITIONS CAREFULLY, WHICH MAY DIFFER IN IMPORTANT RESPECTS FROM THOSE OF OTHER WEBSITE AND BUSINESS AGREEMENTS THAT YOU MAY ALREADY BE FAMILIAR WITH; ANY AND ALL USE OF THE SITE AND ANY AND ALL INFORMATION AND MATERIALS ACCESSIBLE THROUGH IT OR MARKETED UNDER THE SCORE IP TRADEMARKS ARE ONLY PERMITTED IF YOU AGREE TO EACH AND EVERY ONE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ANY TERM OR CONDITION, OR IF YOUR CONDUCT VIOLATES ANY TERM OR CONDITION, SET FORTH HEREIN, YOUR USE OF THE SITE AND ANY MATERIALS, DATA AND INFORMATION IN RELATION THERETO AND IN RELATION TO THE COMPANY, IS STRICTLY PROHIBITED. If there is any Term or Condition that you do not understand or do not or may not agree with, any use by you of the Site or any information, materials or services gained or made available through it or as a result of contact with the Company, is not authorized and must cease immediately. Please contact us at contact@scoreip.com if you have any questions or concerns regarding any of these Terms and Conditions, before any use of the Site or the information, materials or services made available through it or as a result of contact with the Company.
If you are accessing the Site or any products and services marketed under the Score IP Trademarks, or any related information, materials or services on behalf of or as an agent for, or otherwise on behalf of, a person or entity, you represent and warrant that you have been provided with all necessary authority to enter into and agree with the Terms and Conditions on such person’s, or entity’s, as well as your own, behalf, and that you do so enter these Terms and Conditions on your own, and such other person’s or entity's behalf. You agree to indemnify Us and hold Us harmless from any claim from any such person or entity, or, other third party’s, claim whatsoever in relation to your ordering and use of the Site or any related Materials and Services, including, but not limited to, any claim that you did not have such authority. The Site and any information, materials and services available in connection with the Site or the Company are not intended for use by minors or by anyone else for whom use might violate the laws, regulations or community standards of jurisdictions governing such person’s conduct. Use of the Site and information, materials or services available in connection with the Site or the Company is not intended by users outside of the United States (without a separate written agreement, expressly acknowledging such an engagement), or by persons under the age of 18, or by persons without the capacity or competency to enter these Terms and Conditions.
These Terms and Conditions may change from time-to-time. You are responsible for, and agree to, any such changes by any continued use of the Site or Company-provided information, Materials or Services after those times. It is your responsibility to check for such Terms of Use for changes prior to such continued use.
Intellectual Property
2(a). NON-EXCLUSIVE LICENSE - SCOPE OF GRANT.
If, and only if, you agree to each and every one of the Terms and Conditions, and have paid the required fees (which are subject to periodic change without advance notice) to access, use and receive any reports, data, information, work product or materials provided by or accessible from the Company, ScoreIP.com, JudicialStats.com or through or otherwise in relation to the Site or in relation to the Score IP Trademarks (whether or not prepared or custom-ordered work product that you may have solicited) (“Materials”) and thereafter you have received such Materials directly from Score IP, and if you are in compliance with all of the Terms and Conditions, including but not limited to delivery of cleared payment of any listed or quoted price for furnishing such Materials, and if you have not been barred from and have not otherwise been de-authorized or had any license revoked with respect to the Site or Materials, you are granted a non-exclusive, non-transferable, revocable, limited license to use the Materials that have been distributed to you for the correct fee in effect on one computer system per fee paid and to distribute an insubstantial part of the reports or screenshots and descriptions of the Materials for client service or promotional purposes, provided that proper attribution is made in substantially the form of “provided by Score IP, Inc.” You agree to provide proper citation and attribution to Score IP whenever any of the Materials, or data or information therefrom, are republished, no matter how great or minor the republication. Proper citation in written form is any substantial equivalent of the following:
© 2022, Score IP, Inc., All Rights Reserved
Proper citation orally may be by any fair, widely accepted journalistic technique in the United States.
2(b). LIMITATIONS
The Site and all Materials are owned and controlled by the Company, and are protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. You may not copy, download, store, publish, republish, transmit, distribute, transfer, sell, post, sublicense, publicly display, translate, encode or otherwise use or share the Site (including “mirroring”), or any portion thereof or Materials, in any form or by any means, except (A) as expressly permitted elsewhere by the Terms & Conditions, (B) with the Company's prior written permission, or (C) if not expressly prohibited by the Terms & Conditions, as allowed under the fair use provision of the Copyright Act (17 U.S.C. § 107). You may not modify or create any derivative works from the Materials, information or services of, or accessible through the Company or the Site in any way. You may not reverse engineer, decompile, disassemble or otherwise attempt to discern the source data, code or architecture of the components of the Site, Materials, Services or any information about usage or users thereof. You may not make any illegitimate or illegal use of Materials provided by the Company or the Site or attempt to discern any information concerning its other users, including, but not limited to, use of any “robot,” “spider,” “deep link,” “bot,” “probe,” password mining or process, other automatic device, process, or manual activity to access, acquire, hack (including any attempt to test the vulnerability of or circumvent the structure and presentation of the site), scrape, monitor or copy Materials or any part of the Site without the Company's prior express, specific written permission to you, in particular, permitting exactly the activity in question. Among other legal remedies, the Company reserves the right to bar access to the Site and any Materials in the event of any such activity.
Use and download of data and articles, or other Materials, concerning product, data and service support, including, but not limited to, user support manuals, tutorials, forum comments and data sheets, if authorized and available, may be permitted for users who have paid the required licensing fee for the product to which such Materials relate. Otherwise, any use of such data, articles, information and Materials is strictly prohibited. In any event, if downloaded, such Materials must not be “cribbed,” partially copied, modified or distributed in any way, including but not limited to any attempt to obscure or remove limitations, terms, attribution and other information within such Materials. You may not add any additional information or make any representations or warranties regarding the Site or any Materials.
You may not make any other unreasonable use of the Site, including any use that places a disproportionate load on, or otherwise may interfere with the proper working of, the resources of the Site.
2(c) SITE AND ALL MATERIALS PROTECTED BY INTELLECTUAL PROPERTY
Unless otherwise explicitly noted, all Materials, whether or not provided through the Site, including, but not limited to, reports, information, data, text, articles, logos, trademarks, images, sounds, videos, graphics, any other materials, and the overall “look and feel” related to the Company or the Site, JudicialStats.com or ScoreIP.com, and any and all Materials are the property of the Company and protected by copyright, trademark and other intellectual property, contract and other laws. Nothing herein shall be construed to confer any license or right, by implication, estoppel or otherwise, under copyright, trademark, contract, unfair competition or other laws either now or in the future, other than as noted elsewhere in these Terms and Conditions with respect to the limited, non-exclusive, non-transferable right to use licensed, authorized Materials, if applicable. You acknowledge that the Site, ScoreIP.com, JudicialStats.com, and any and all other Materials are protected by copyrights, trademarks, service marks, and other proprietary rights and laws.
2(d) THE SCORE IP TRADEMARKS
The trademarks, service marks, designs, and logos (collectively, the “Score IP Trademarks”), including, but not limited to Score IP® and JudicialStats, displayed on the Site and in relation to products, services and Materials provided by the Company, are the registered and unregistered trademarks of Score IP. You agree that, except as expressly permitted by us, you will not refer to or attribute any information to Score IP (e.g., press release, websites, social media) to inform or influence any third party, and that you will not use or reproduce any of the Score IP Trademarks, or imply any endorsement by, or relationship with, ScoreIP, unless you have entered an express, written agreement with Score IP that provides otherwise.
2(e) COPYRIGHT
All Materials, including, but not limited to, the content and functionality on the Site, including, but not limited to, text, graphics, logos, icons, images, and videos and the selection and arrangement thereof, in addition to any concepts, know-how, tools, frameworks, software, applications or other technology, algorithms, models, processes, and industry perspectives underlying or embedded in the foregoing, along with any enhancements to or derivative works thereof is the exclusive property of Score IP and, to the extent applicable, are protected by U.S. and international copyright laws. None of the Materials, content or functionality of the Site may be copied, reproduced, modified, reverse engineered, altered (including the removal or disabling of any security or technological safeguards, disclaimers, or legends) uploaded, published, posted, transmitted, or distributed in any way without our express, written permission, to you in particular. All rights not expressly granted are reserved.
OTHER TERMS AND CONDITIONS
3(a). REGISTRATION
Some sections of the Site may require registration to access and use information, Materials and/or services. If you choose to so register, you agree to provide the Company and the Site with completely accurate registration information, and full registration information that is requested as well as all registration information that may be necessary for your use of the Site or Materials. You will immediately update the registration information that you or your representative provided whenever events affect your registration information. You warrant that registration is for a single person only and that you will not permit anyone other than yourself to access and use sections of the Site requiring registration using your name and password. You will not access or use the Site under the username of another entity or individual. You are responsible for the security of your registration information; you will be held responsible for all access to and use of the Site through your registered username and password, including access of any Materials, information or services the use of which results in monetary charges to you, whether or not you have knowledge of or authorize such access and use. You will notify the Company immediately of any unauthorized use of your username and password, if you suspect that the privacy of your username or password has been jeopardized, or if you believe that another individual has fraudulently represented themselves as you or as being associated with you, your organization or any other person, organization or entity bearing any relationship to you. However, the Company has no responsibility to investigate or otherwise act on any such notification and you remain solely responsible for barring any future unauthorized access by, among other things, immediately changing your password and/or password.
Whether or not you register with the Site, you are not permitted to visit the site by proxy, forge headers or otherwise distort or hide identifiers to withhold any information concerning the origin of any visit, request or transmission made to or from the Site.
In addition to other rights and remedies, the Company may terminate your account or otherwise bar your registration or access in the event that you violate the law, community standards, the Terms and Conditions, or for any other reason in the Company's sole discretion. You understand that, despite registering, the Company has no ongoing obligation to maintain the Site, your account or any other Materials, each of which may be unavailable or cease operation at any time.
4. INTERACTIVE ASPECTS OF THE WEBSITE
4(a). GRANT OF LICENSE.
By publishing, uploading, submitting or distributing any messages, data, information, text, graphics, links, or any other materials whatsoever (“User-Submitted Content”) to the Site, including, but not limited to, messages posted on message boards and materials published in directories on the Site, you automatically grant or warrant that the owner of the following rights has expressly granted, to the Company, a perpetual, fully-paid, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, sublicense and sell any and all User-Submitted Content that you have submitted, and incorporate that User-Submitted Content into any medium or technology, now known or later developed.
4(b). UNLAWFUL USE.
You will not publish, upload, submit or distribute any User-Submitted Content on the Site which is unlawful, deceptive, misleading, or abusive in any way, including but not limited to User-Submitted Content that is defamatory, libelous, pornographic, obscene, threatening, indecent, invasive of privacy or publicity rights, hateful, or that would constitute or encourage a criminal offense, violate the rights of any party, contain any corrupted data or malicious code that may impair or alter the appearance or functionality of the Site, or other Company property, or any property of any other party, or give rise to liability or violate any local, state, federal or international law or regulation, or the rules of any governmental or regulatory body, such as, but not limited to securities exchanges, such as the New York Stock Exchange or NASDAQ, either intentionally or unintentionally. The Company may delete any of your User-Submitted Content, or your account in its entirety, and may bar your access to the Site at any time, without prior notice or your or anyone else's permission and at the Company's sole discretion. In addition to avoiding any illegal or inappropriate conduct yourself, you must not solicit any other person or entity to engage in any illegal or inappropriate conduct in relation to the Site or Materials.
4(c). USER-SUBMITTED CONTENT: PROPER ATTRIBUTION, TRUTHFULNESS.
Posted Materials submitted for publication on the Site might be accompanied by your username, and may not be submitted anonymously. You warrant that such User-Submitted Content will not misrepresent or obscure your identity or affiliation with any person or entity. Furthermore, you warrant that you will not, by any method or action, directly or through a third party, seek to unwarrantedly or unfairly enhance, degrade, or otherwise manipulate the recommendations or endorsements of any user or users, individuals, or groups on the Site including your own or otherwise use the Site or Materials to mislead any other party.
4(d). NO USER-SUBMITTED CONTENT MONITORING BY THE COMPANY.
The Company has no duty to, and will not, regularly edit, monitor or screen User-Submitted Content, and are not otherwise responsible for any part or aspect of User-Submitted Content, including any other content linked to or from User-Submitted Content. The Company may, and retains the right to, examine any submitted content affecting the Site for adherence to the Terms & Conditions and remove any materials that it may deem to be objectionable, violate the Terms & Conditions, or law, but expressly disclaims any and all warranties or representations that it will do so in any regular manner, or in any specific instance. By using the Site, you acknowledge and agree that the Company is under no obligation to monitor, edit, or remove any User-Submitted Content upon your, or any other user's, request.
4(e). COMMERCIAL USER-SUBMITTED CONTENT IS NOT PERMITTED.
Aspects of the Site that may allow users to contact or interact with other users, or with the Company or its customers, if provided now or in the future, are provided solely for personal, non-commercial use. You will not include any advertising, promotion, solicitation for goods, services, funds or activities, or solicitation for anyone to become members of a group, movement, belief system, or commercial enterprise or organization in User-Submitted Content submitted through the Site without the prior express written permission of the Company.
4(f). NO CLIENT/SERVICES OR PARTNERSHIP RELATIONSHIP OR PROFESSIONAL CONFIDENTIALITY.
The Company does not offer or provide legal, accounting, tax or any other regulated or professional advisory services. The Company does not accept unsolicited ideas, partnership offers, or otherwise seek services through the Site, except as may be expressly stated, now or in the future, in any “Employment” or “Partnership” sections of the Site. Any submission on these subjects may not be treated confidentially, and will immediately become the property of the Company with no monetary or other special compensation to you, regardless of the language or content of your contact or attempted contact with the Site and the Company. No information, materials or communications accessible through the Site or the Company shall be interpreted as providing legal, regulated or other professional advice, services or service offers, nor as creating any Attorney/Client or other Professional/Client relationship. You acknowledge that no Attorney/Client or other regulated or professional relationship is, or will be, formed through any use of the Site or Materials, including any and all products, services, information or materials that may be, or have been, accessible through the Site or the Company. You have no expectation, reasonable or otherwise, of privacy or confidentiality of communications occurring through your use of the Site or contacts with the Company, including any contact with any person acting or purporting to act or communicate on behalf of the Site, or the Company, unless and until a signed, written engagement agreement has been entered by you and the Company.
You understand and agree that any transmission or communication over the Internet, and through other electronic and/or technologically conducted communications, may not be confidential or completely private and secure, and may be intercepted and understood by third parties, whether or not encoded or encrypted. You are solely responsible for any risk associated with any transmission over the Internet and through such communications, in connection with your use of the Site or interactions with the Company. The Company and Site may share any information concerning or originating from you to aid in any process regarding, among others, compliance with the Terms and Conditions, to carry out work required or requested by You, compliance with government investigations, and in relation to claims from third parties involving your conduct, or regarding the safety and welfare of a community, the United States of America, or other people.
5. USER ETHICS, AUTHORITY
If you are planning to use the Site or any Materials or data provided under the Score IP Trademarks or by the Company to support activity on behalf of another person or entity, you warrant that you have been provided with all necessary authority to so act on their behalf. You represent and warrant that you will not use any such Materials or data in any illegal, unethical or untruthful manner, or in any way that may defame, libel or cause disruption, confusion or mental anguish to third parties. You represent and warrant that none of your activities will in any way violate any laws, regulations or professional rules of conduct of any jurisdiction under which you operate. You understand and hereby acknowledge that any such Materials include historical, factual data, and do not make or imply any statement or guarantee concerning any valuation, recommendation or future event. Nothing in the Site or any Materials can or do Guarantee any future outcome. The Company disclaims any and all responsibility for your activities using the Site or any Materials from the Site or the Company. The Company reserves the right to revoke any license granted to you in relation to any Materials if, in its sole discretion, it determines that your use of such Materials is or would be inappropriate or undesirable. In such instances, the Company may, in its discretion, but is not required to, refund the purchase price of the Materials actually paid by you. In no event, under this provision or otherwise under the Terms and Conditions, will the Company be responsible for any claims, damages, or complaints whatsoever arising from such revocation that exceed any purchase price actually paid by you.
6. NO RESPONSIBILITY FOR SYSTEMS OR DATABASES
As discussed in other sections of these Terms and Conditions, the Site, and any Materials or services provided by or through the Company, or under the Score IP Trademarks, are provided on an “AS IS” basis, with no warranties or guarantees whatsoever. Use of the Site and such Materials or services may impact or affect your databases, computers, computer systems or other hardware. The Company is not responsible in any way for such affects, or any such alleged damage, and is not responsible for installing, uninstalling, immunizing, integrating, optimizing or otherwise protecting or manipulating your databases, software, computers, computer systems or other hardware. You acknowledge that under no circumstances is the Company, its agents, affiliates, customers, or users providing database, computer, computer system, software or hardware consulting services or products, product guarantees or warranties.
7. NO ENDORSEMENT OF OTHER SERVICE PROVIDERS OR ENTITIES
The Company does not select, approve, or otherwise endorse any particular provider of services related to the Site or other Materials (including any databases) in general. Any and all such recommendations, whether they appear in advertisements or in User-Submitted Content, are from third parties and are inherently subjective in nature, could be inaccurate or incomplete, and may be difficult or impossible to verify. The Company expressly disclaims any representation or warranty that such posted Materials are correct or reliable, and further disclaims any representation or warranty of merchantability or fitness for any particular purpose of such alleged information concerning any service provider. UNDER NO CIRCUMSTANCE SHALL THE COMPANY HAVE ANY LIABILITY TO YOU FOR ANY RELIANCE ON INFORMATION CONTAINED ON OR OBTAINED THROUGH THE SITE, THE COMPANY, OR UNDER THE SCORE IP TRADEMARKS. SUCH RELIANCE SHALL BE SOLELY AT YOUR OWN RISK.
8. THIRD-PARTY CONTENT
Content, information or other materials originating from third parties may appear on the Site or may be accessible through links from the Site. The Company is not responsible, and assumes no liability, for any mistakes, misstatements, defamation, slander, libel, omissions, falsehood or obscenity in the statements, opinions, representations or any other form of content contained in any third party content appearing on or accessible from the Site. You acknowledge that the information and opinions in the content are neither endorsed or controlled by, nor reflect the beliefs of, the Company.
9. ADVERTISING
You acknowledge that the Site may contain advertising and sponsorships. Advertisers and sponsors are solely responsible for ensuring that material submitted for use on the Site is accurate and complies with any and all applicable laws. You agree that the Company will not be responsible for the illegality of, or any error or inaccuracy, in advertisers' or sponsors' materials or for the acts or omissions of advertisers or sponsors. As a growing business, we are proud of our engagements and relationships. If you are a publicized corporation or other business entity, and unless you have indicated otherwise, expressly and in writing, you agree that the Company may make truthful press-releases and advertisements regarding its relationship with you, provided that other trade secrets and other confidential information, which you identify as such in writing and which are not publicly available, will not be disclosed in such statements.
10. DIGITAL MILLENNIUM COPYRIGHT ACT
The Company will register an agent with the United States Copyright Office as outlined in Title II of the Digital Millennium Copyright Act (17 U.S.C. § 512) prior to any publication of User-Submitted or other third-party Content. Upon notice of alleged copyright infringement, the Company will remove or block access to the material, and provide notice to the user who posted the material and proceed as dictated by Title II of the Digital Millennium Copyright Act (17 U.S.C. § 512). The Company may block access to the Site or areas of the Site to repeat infringers.
11. OTHER INFORMATION SYSTEMS AND PROVIDERS
All usage of other information systems and providers as a result of linkage from the Site is governed by the terms of those particular providers. The Company does not endorse, and can not be held responsible for, any use or content of such linked providers. You are responsible for any and all of your conduct with and any and all fees generated when visiting sites and materials linked from the Site.
12. DISCLAIMER OF WARRANTIES AND GUARANTEES
SCOREIP.COM, JUDICIALSTATS.COM, AND ALL INFORMATION, REPORTS, PRODUCTS OR OTHER MATERIALS OR SERVICES PROVIDED THROUGH THE SITE, UNDER THE SCORE IP TRADEMARKS OR OTHERWISE BY THE COMPANY ARE PROVIDED "AS IS," WITH NO GUARANTEE OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OMISSIONS, COMPLETENESS, CURRENTNESS AND DELAYS, SUPPORT OR OPERABILITY ON ANY PARTICULAR SYSTEM OR WITH ANY PARTICULAR DATABASE OR WITH RESPECT TO ANY PARTICULAR USER PROJECT OR APPLICATION. THE COMPANY MAKES NO WARRANTY THAT ACCESS TO THE SITE, ANY COMPANY-PROVIDED OR -BRANDED MATERIALS, OR ANY PORTION THEREOF, WILL BE UNINTERRUPTED, SECURE, COMPLETE, ERROR-FREE, VIRUS OR MALWARE-FREE OR THAT DEFECTS WILL BE CORRECTED. THE COMPANY DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATED TO (A) ANY MATERIALS, SUCH AS SOFTWARE, IMAGES, REPORTS AND DATA AVAILABLE THROUGH THE SITE OR BEARING ANY OF THE SCORE IP TRADEMARKS, (B) ACCESS OR USE OF THE SITE, INCLUDING ANY INTERACTIVE FEATURES, USER-SUBMITTED CONTENT AND OTHER THIRD PARTY CONTENT AND SERVICES DELIVERED THROUGH THE SITE OR OTHERWISE, (C) ACCESS OR USE OF THIRD PARTY WEB SITES AND CONTENT OR SERVICES THEREIN THROUGH LINKS IN THE SITE, (D) UNAVAILABILITY OF THE SITE, COMPANY-PROVIDED OR -BRANDED MATERIALS OR ANY PORTION THEREOF FOR ANY PERIOD OF TIME, OR (E) USE OF EQUIPMENT, HARDWARE, SYSTEMS OR SOFTWARE IN CONNECTION WITH ACCESS AND USE OF THE SITE OR MATERIALS AVAILABLE THROUGH JUDICIALSTATS OR THE COMPANY. MATERIALS THAT MAY BE AVAILABLE THROUGH THE SITE OR THE COMPANY ARE OF A HISTORICAL, FACTUAL AND NON-RECOMENDATIONAL AND NON-ADVISORY NATURE. PAST HISTORICAL OUTCOMES DO NOT STATE OR IMPLY, AND CANNOT GUARANTEE, ANY FUTURE RESULTS OR OUTCOME. THE HISTORICAL, FACTUAL DATA AVAILABLE THROUGH JUDICIALSTATS.COM, SCOREIP.COM OR THE COMPANY IS NOT A LEGAL ADVICE. IF YOU NEED A LEGAL ADVISOR CONTACT A LICENSED ATTORNEY IN THE FIELD ADMITTED IN THE JURISDICTION IN WHICH YOUR MATTER, IF ANY, ARISES.
13. LIMITATION OF LIABILITY
USER'S EXCLUSIVE REMEDY AND THE COMPANY’S, AND/OR CONTRIBUTORS’ ENTIRE LIABILITY UNDER THIS AGREEMENT, IF ANY, FOR ANY CLAIM FOR DAMAGES RELATING TO USE OF THE SITE OR COMPANY-PROVIDED OR -BRANDED MATERIALS WHICH ARE MADE AGAINST THEM, INDIVIDUALLY OR JOINTLY, WHETHER BASED IN CONTRACT, NEGLIGENCE OR OTHER TORT OR CAUSE OF ACTION, SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF DIRECT CHARGES PAID BY YOU TO THE COMPANY RELATIVE TO THE SPECIFIC SITE FEATURE OR REPORT OR OTHER MATERIAL WHICH IS THE BASIS OF THE CLAIM, FURTHER LIMITED TO ANY CHARGES OVER THE LENGTH OF TIME THAT YOU HAVE USED THE PARTICULAR INSTANCE OF THE FEATURE TO WHICH ANY CLAIM ALLEGEDLY APPLIES OR, IF SHORTER, THE 6-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL THE COMPANY, OR CONTRIBUTORS BE LIABLE TO YOU FOR ANY CLAIM RELATING IN ANY WAY TO (A) (I) USER’S INABILITY OR FAILURE TO USE, WITH OR WITHOUT INCIDENT, THE SITE, MATERIALS, REPORT(S), SOFTWARE, COMPUTER SYSTEMS, DATABASES, DATA, INFORMATION OR PRODUCTS OR OTHER MATERIALS OR SERVICES (WHETHER OR NOT INTERRUPTED DUE TO A VIOLATION OF THE TERMS AND CONDITIONS) THAT MAY BE OR MAY HAVE BEEN ACCESSIBLE THROUGH THE SITE OR THE COMPANY, EVEN IF ASSISTED BY THE SITE OR COMPANY, THE COMPANY, OR ITS CONTRIBUTORS, OR (II) ANY DECISION MADE OR ACTION TAKEN BY USER IN RELIANCE UPON COMPANY-PROVIDED OR -BRANDED INFORMATION, SOFTWARE, REPORTS, PRODUCTS OR OTHER MATERIALS OR SERVICES THAT MAY BE OR MAY HAVE BEEN ACCESSIBLE THROUGH THE SITE OR THE COMPANY; OR (B) ANY LOST PROFITS OR OTHER CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES RELATING IN WHOLE OR IN PART TO YOUR OR A USER’S RIGHTS UNDER THIS AGREEMENT OR TO YOUR USE OF, OR INABILITY TO USE, THE SITE OR COMPANY-PROVIDED OR -BRANDED MATERIALS, EVEN IF THE COMPANY OR CONTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY SHALL HAVE NO LIABILITY WHATSOEVER TO USER FOR ANY CLAIM RELATING IN ANY WAY TO ANY USER-SUBMITTED CONTENT OR OTHER THIRD PARTY CONTENT OR FEATURE.
13(a). INDEMNIFICATION.
You agree to defend, indemnify, and hold the Company, including, but not limited to, their affiliates, contractors, suppliers, directors, employees and agents, harmless from any and all claims, costs, charges, damages, judgments, and liabilities (including but not limited to reasonable attorney's fees) made by any third party and arising from your use of the Site, any Materials that may have been available through the Site, through the Company, and arising from any content you post, submit, transmit or otherwise make available through the Site, your violation of these Terms and Conditions, or the violation of the Company’s intellectual property or the intellectual property rights of any third party, or the violation of any other law or regulation by such use.
13(b). TIME LIMITATION OF CLAIMS.
Except for claims relating to any improper use of the Site, Materials, the Company's property, and all information, Materials and services accessible through the Site or the Company, by you , and other activities giving rise to the Company's legal remedies for your misconduct, (e.g., a failure to pay for fees and expenses therefor), no claim, regardless of form, which in any way relates these Terms and Conditions, may be made, if such claim is brought, more than one year after the basis for the claim becomes known to the party desiring to assert it.
13(c). USER DISPUTES.
You and other Site and Materials users that you interact with are solely responsible for your interactions with one another. The Company has the right, but expressly disclaims any obligation, to become involved in any dispute between you and any other user(s) of the Site or Materials. In the event that the Company does elect to become involved in any such dispute, the Company makes no promise, guarantee, or warranty of any kind and has no obligation as to the nature or quality of its involvement or the outcome of any such dispute, and you agree to hold the Company harmless and to indemnify the Company against any claim arising or allegedly arising out of the Company’s involvement or alleged involvement in any such dispute.
14. MODIFICATIONS TO TERMS AND CONDITIONS
The Company reserves the right to modify these Terms and Conditions at any time and in the Company’s sole discretion. Updated versions of the Terms and Conditions will appear on the Site and become the effective Terms and Conditions between you and the Company immediately upon publication. You are responsible for regularly reviewing the Terms and Conditions to ascertain any such changes at this web location. To assist you in determining whether such changes have taken place, a “Latest Update” provision is included at the end of the Terms and Conditions, and the Company may e-mail you, if you are a registered user of the Site, to alert you to such changes. Continued use of the Site or any Materials by you after any such modification of this Terms and Conditions constitutes your agreement and consent to such modifications.
15. ENTIRE AGREEMENT
These Terms and Conditions embody the entire understanding between you and the Company with respect to the subject matter herein, and supersedes any and all prior understandings and agreements, oral or written, relating to that subject matter. You may be required to agree to supplemental product-related terms and conditions or supplemental service-related terms and conditions, in the event that you purchase Materials or services from or through the Company. If so, you also agree to be bound by the terms of any such agreements as well, but will still bound by these Terms and Conditions.
16. FORCE MAJEURE
The Company’s performance under these Terms and Conditions are subject to interruption and delay due to causes beyond its reasonable control, such as Acts of God, acts of any government, war or other hostility, civil disorder, weather and the elements, fire, explosion, power failure, equipment failure, industrial or labor dispute, inability to obtain necessary supplies and the like. In such instances, the Company is relieved of any obligations relating to such performance as long as those conditions persist. However, your obligations under the Terms and Conditions, as well as any additional agreement, may not be relieved by such conditions if the Company’s performance is not substantially impacted. For example, delivery of purchased reports, information or data from Score IP within four week(s) is considered to be performance that is not substantially impacted.
17. GOVERNING LAW, JURISDICTION & VENUE
These Terms & Conditions will be governed by and construed under the law of the state of New York, without regard to conflicts of law provisions. Both you and the Company agree that the state and federal courts sitting in Manhattan will have exclusive jurisdiction over any claim arising out of these Terms and Conditions and each party consents to the exclusive jurisdiction and venue of such courts.
18. ATTORNEY’S FEES, COSTS, FINES AND LEGAL PROCESS
In the event that you or someone solicited by you violates any of the Terms and Conditions, including but not limited to failing to pay any amount due for the purchase of a Company-developed, -branded or delivered report or data within 30 days of delivery, and the Company does take or defend legal action against you, the Company will be entitled to recover, and you agree to pay, any and all reasonable attorney’s fees, costs, fines, sanctions arising from such action, in addition to any other damages or recovery which the Company may have the right to receive. In the event that you pay an invoice later than 30 days after it has been delivered to you, a late fee of 5% will also then be due, and the standard rate of interest of 1.5% will be added to any outstanding balance monthly thereafter. In addition, in the event that payment is not made within 30 days after an invoice has been delivered, any quoted discounts, promotions or other special pricing may no longer apply to the amount due, and a larger, undiscounted amount without such discounts, promotions or other special pricing will then be due.
18. NO RESALE, DELEGATION OR ASSIGNMENT
Neither these Terms and Conditions nor any part or portion thereof, or any obligations to you may be assigned, sublicensed or otherwise transferred by you or any purchaser or subscriber without the Company’s prior express written consent. Similarly, you may not delegate or otherwise transfer your obligations under any subscriber or purchase agreement, or hereunder, without the Company’s prior express written consent. The Company may, in their sole discretion, assign their right to receive fees or other performance of other duties from you, for example, to a payment management or collection company.
19. SEVERABILITY AND NON-WAIVER
Should any provision of these Terms and Conditions be held to be void, invalid, unenforceable or illegal by a court or tribunal of competent jurisdiction, they shall be so held to the minimum degree necessary to maintain the validity and enforceability of all other provisions of the Terms and Conditions, to best maintain the intent of the parties. Failure of any party to enforce any provision of these Terms and Conditions will not constitute or be construed as a waiver of such provision or of the right to enforce such provision.
20. INTERPRETATION, HEADINGS, PRONOUNS, PLURAL AND SINGULAR
The headings and captions contained in these Terms and Conditions are inserted for convenience only and do not constitute a part of the Terms and Conditions. Ambiguities in language shall be resolved in favor of the Company, the drafter, rather than against it, as might otherwise be the convention in certain jurisdictions. Various pronouns, gender, capitalization and number usages may be treated as interchangeable when they relate to the same party or otherwise have a common meaning in these Terms and Conditions. For example, you may be referred to as “you,” “You,” “she,” “he,” “her,” “him,” “it,” “they” or “them.”
Latest Update: January 1, 2021.