Welcome to PubKGroup. Access to the PubKGroup Web site and use of PubKGroup Internet products and services (collectively, the “Service[s]”) are subject to these Terms of Service, as may be amended from time to time (the “TOS Agreement”).Your (“You” or “Your” shall refer to all Users) access and use of the PubKGroup Web site will constitute Your acceptance of this TOS Agreement and create a legally binding and enforceable agreement between User and the PubKGroup. In addition, You are subject to and are bound by all applicable laws and regulations and all other PubKGroup terms, conditions, and policies as posted throughout the PubKGroup Web site and as may be amended from time to time. PubKGroup’s acceptance is expressly conditioned on You agreeing to this TOS Agreement, and this TOS Agreement becomes effective upon Your use of the PubKGroup Web site. If You do not agree to be bound by this TOS Agreement, then immediately discontinue use of the PubKGroup Web site.
1.Description of Service
A. PubKGroup Service is operated by PubKGroup LLC (“PubKGroup” or “We”). The Service includes the PubKGroup Web site, which provides You with the capability to (1) view or post various legal and other types of documents or have the PubKGroup post or redistribute content on Your behalf, (2) have digital versions of publications delivered to You or to other third parties, (3) post commentary or queries on various topics, (4) share articles and PubKGroup Web site information with other Internet users, and (5) purchase sponsorships. New Services may be offered from time to time. Any such new Service that may be introduced to You shall be covered by the terms of this TOS Agreement. PubKGroup Web site may also contain sponsorships and links to other Web sites, which You hereby acknowledge.
B. Portions of the PubKGroup Web site are available and accessible by the general public, who may use the PubKGroup Web site with or without registering to use it (the “User[s]”). Some Users may choose to register with the PubKGroup by responding to a prompt that permits a User to create a PubKGroup account with a password and User name (the “Registered User/Member User[s]”). Other Users may choose to subscribe to the PubKGroup newsletter(s) (the “Member User[s]”). All references to “Users” in this TOS Agreement shall be deemed to include Registered User/Member Users and Member Users. All Users are subject to the terms of this TOS Agreement. In cases where the terms of this TOS Agreement may apply only to Registered User/Member Users or Member Users, it shall so be stated.
C. Portions of the Service are free to You, unless otherwise stated in this TOS Agreement or elsewhere on the PubKGroup Web site, as in certain cases where fees may apply to purchase a membership, post materials or purchase a sponsorship. You are responsible for any fees and costs associated with Your access to the Internet or for any hardware and/or software that You may require to access the PubKGroup Web site and/or the Internet.
D. You are not required to register with the PubKGroup unless you want to be a Registered User/Member User. Any User has access to view public content on the PubKGroup Web site. If You want to post documents or have PubKGroup post content on Your behalf, become a sponsor, post a blog, or participate in other permitted activities, You must register with the PubKGroup and become a Registered User/Member User. If You want to receive PubKGroup newsletter(s) and access certain services, You must register and purchase a Membership with PubKGroup and become a Member User. Upon requesting to be a Registered User/Member User or Member User, You may be required to provide certain information.
E.PubKGroup Services are to be used only by persons who can form legally binding contracts under all applicable laws in Your jurisdiction.
2.Registered User/Member User and Member User Accounts
A. Certain portions of the PubKGroup Services are available only to Registered User/Member User who have registered with and have obtained a password from the PubKGroup and, as applicable, paid for a membership. By registering with the PubKGroup, Registered User/Member User certifies that he or she is at least 18 years of age. Registered User/Member User agrees to provide true, accurate, current, and complete information about self and any organization he or she represents when registering with the PubKGroup.
B. A Registered User/Member User is asked to provide basic contact information such as name, company or organization name, address, phone number, professional title, and e-mail address. It is Registered User/Member User’s obligation to notify the PubKGroup of any changes to the information previously provided.
C. If Registered User/Member User’s information changes or no longer desires our service, Registered User/Member User is required to update or remove personal data provided to us. This can usually be done at the “User Account” page on the PubKGroup Web site or by sending an e-mail [email protected]
D Registered User/Member User shall maintain and promptly update any information provided to PubKGroup and keep it true, accurate, current, and complete. If Registered User/Member User is posting documents or biographical or contact information on behalf of others or requests or permits PubKGroup to do so, Registered User/Member User certifies that (1) he or she has the permission to do so; (2) the information is correct to the best of his or her knowledge; and, (2) he or she agrees to maintain and promptly update any information provided to keep it true, accurate, current, and complete.
E. Registered User/Member User is responsible for maintaining the confidentiality of his or her account log-in information and for restricting access to his or her computer. Registered User/Member User agrees to accept responsibility for all activities that occur under his or her account, including the posting and use of all content and Services.
F. Registered User/Member User is required to notify the PubKGroup of any unauthorized use of his or her password or account. Upon receipt of actual notice from Registered User/Member User, the PubKGroup shall use its best efforts to restrict Registered User/Member User’s account by changing the password, terminating the account, or using any other means that the PubKGroup, in its sole and reasonable discretion, deems necessary to protect Registered User/Member User’s account and PubKGroup’s Web site and Services. PubKGroup reserves the right, but does not have the obligation, to restrict a Register User’s password if it reasonably believes that there is unauthorized usage on such account or if Registered User/Member User fails to exit out of his or her account.
G. Registered User/Member User acknowledges and agrees that any material posted on the PubKGroup Service may be published to the general public on the Internet or through other media and expressly authorizes PubKGroup to redistribute their content. Accordingly, Register User shall not post (1) any information through the PubKGroup that Registered User/Member User believes to be, should have known was, or wishes to remain private or confidential; or (2) any information Registered User/Member User believes others would wish to remain private or confidential.
H. Registered User/Member User is solely responsible for determining the legality of any publications posted on the PubKGroup Web site, including, without limitation, whether any such material constitutes attorney or other professional advertising pursuant to any laws or professional association or legal association rules of any jurisdiction.
I. Registered User/Member User represents and warrants that any materials or publications posted on the PubKGroup Service by Registered User/Member User are true and not misleading. Registered User/Member User will provide to the PubKGroup Service timely updates to any changes in law, qualifications, professional achievements, employers, affiliations, or contact information.
J. Registered User/Member User will not list an individual as an “attorney” or “lawyer” or any other professional title or designation, and will not in any other way indicate a right to practice law or any other profession, unless said individual is an attorney or other applicable professional in good standing who is licensed to practice law or any other indicated profession in the jurisdictions represented. Unless posting a paid advertisement, Registered User/Member User will not post any materials that include a solicitation for representation, a professional service advertisement, or any other commercial message.
K. Registered User/Member User represents and warrants that no publications posted on the PubKGroup Web site will contain any information that has been sealed by a court, is under a protective order, or is otherwise prohibited from public disclosure.
L. As a Registered User/Member User, you attest that you have the legal ownership or legal right to use any publications or materials you post or permit to be posted on the PubKGroup Service and authorize PubKGroup to redistribute them on your behalf. Additionally, you attest that any publications or materials you post on the PubKGroup Service on behalf of others is being done with the other party’s expressed consent. For any materials you post or permit to post, you agree to post any applicable copyright or other legend or mark asserting you or your organization’s rights to the posted materials.
M. Registered User/Member User expressly agrees not to (1) post or disseminate any material that in the sole opinion of the PubKGroup is libelous, defamatory, unduly controversial, harassing, obscene, pornographic, abusive, or deliberately offensive; (2) post or disseminate any material that in the sole opinion of the PubKGroup infringes upon the intellectual property or privacy rights of any third party, including, without limitation, any publication, logo, photo, image, text, or biographical information of a third party or that includes a third party’s licensed or unlicensed copyrighted work or that lists a third party’s private information such as, but not limited to, trade or business secrets, social security number, credit card number, phone number, or non-public e-mail or postal mail address; (3) post or disseminate any material that in the sole opinion of the PubKGroup otherwise violates any right of any third party, including, without limitation, any material non-public information about organizations or individuals without the express authorization to do so; (4) post or disseminate any material that in the sole opinion of the PubKGroup is an express solicitation for representation, an advertisement, publicity for an attorney or other professional or any other commercial message, unless an advertisement has been purchased in the advertising area of the PubKGroup Service; and, (5) post or disseminate any material that in the sole opinion of the PubKGroup impersonates or assumes the identity, persona, or likeness of any person or organization.
N. If you are a Registered User/Member User, you acknowledge that you may post or transmit information including but not limited to documents, text, video, and photos, and that the PubKGroup is not responsible nor has any control over such posted or transmitted information. Registered User/Member User is responsible for all this posted information, including but not limited to its accuracy, quality, and usefulness. However, the PubKGroup reserves the right to screen, refuse, or edit any posted material, if the PubKGroup, in its sole discretion, reasonably believes that such posted material would be in violation of this TOS Agreement. Notwithstanding the foregoing, PubKGroup is not responsible or liable for any damages or losses whatsoever associated with Registered User/Member User’s postings, and such posted materials are the sole responsibility of the Registered User/Member User.
O. PubKGroup is not responsible or liable for any kind of losses or damages whatsoever arising out of Register User’s failure to comply with Section 2 of this TOS Agreement. PubKGroup reserves the right, in its sole discretion, to refuse service, terminate accounts, or cancel orders, including, without limitation, as a result of any activity by a Registered User/Member User in violation of Section 2 of this TOS Agreement.
P. Registered User/Member User acknowledges and agrees that it is his or her duty to create and maintain any backup copies of any material posted on the PubKGroup Web site, and the PubKGroup is not responsible for creating any such copies. PubKGroup is not responsible for the loss of any of Registered User/Member User’s data, which may occur intentionally, accidently, or negligently. Furthermore, the PubKGroup is not liable for any errors or inaccuracies in any of Registered User/Member User’s posted material. PubKGroup will make reasonable efforts to correct any errors in transcription of any posted material upon Registered User/Member User’s written request.
A. User may only use the PubKGroup Service for lawful purposes and in accordance with this TOS Agreement, PubKGroup policies, and any operating rules established by the PubKGroup. You may not use the PubKGroup Service to abuse, harass, or impersonate any person or entity. You may not provide or use a password, e-mail address, or any other information of anyone else without the owner’s express authorization. You may not use the PubKGroup Service to post or disseminate any material that is libelous, defamatory, harassing, obscene, or that infringes on the intellectual property or privacy rights of others. In addition, You may not post or disseminate any material that otherwise violates any rights of any third party or the PubKGroup, including, without limitation, any material non-public information about individuals or organizations, without the proper authorization to do so.
B. You may not use the PubKGroup Service to send unsolicited commercial e-mail (“spam”) or to facilitate the sending of spam. You may not access or attempt to access, without authorization, any computer or telecommunications equipment involved in providing PubKGroup Service, including, without limitation, the use of any robot, spider, scraper, or other automatic or manual means, or by bypassing any measure used by the PubKGroup to restrict access to the PubKGroup Service. You may not attempt to interfere with the operation of the PubKGroup Service.
C. Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify You that parental control protections are commercially available that may assist You in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the Internet by searching for “parental control protection.”
D. PubKGroup reserves the right to refuse service, terminate accounts, or cancel orders in its sole discretion, including, without limitation, based on any activity by a User in violation of Sections 3A, 3B, or 3C of this TOS Agreement.
A. PubKGroup Service is controlled, operated, and administered by the PubKGroup from its offices within the United States of America. If You access the PubKGroup Service from a location outside the United States, You are responsible for compliance with all local and international laws, as well as with the laws of the United States.
B. You agree that You will not use the PubKGroup Service or any publications or other content accessed through the PubKGroup Service in any country or in any manner prohibited by the United States Export Administration Act or by any other applicable laws, restrictions, or regulations.
A. All software used on the PubKGroup Web site and all content included as part of the PubKGroup Service, such as text, graphics, logos, button icons, and images as well as the compilation thereof, is the property of the PubKGroup, its suppliers/contributors, and or Registered User/Member Users and is protected by United States and international copyright laws. You agree to abide by all copyright notices, legends, or other restrictions contained in any such content and will not make any changes thereto. Trade names, logos, and service marks of the PubKGroup and the PubKGroup are trademarks of the PubKGroup (the “Marks”). You agree not to display the Marks or use them in any manner without prior permission from the PubKGroup. Other logos and product and service names are the property of their respective owners, as may be indicated on the PubKGroup Web site.
B. Each third-party content provider owns the copyright on content original to it, including, without limitation, the photos, images, videos, documents, text, postings, and other publications delivered or otherwise made available to You by the PubKGroup Service. You acknowledge that You do not acquire any ownership rights by downloading or disseminating any copyrighted material except as expressly permitted by the third-party content provider and lawful copyright owner.
C. Except as explicitly permitted under copyright law, You may not modify, reverse engineer, publish, transmit, display, participate in the transfer or sale of, create derivative works from, or in any way commercially exploit the content, or any portion thereof, of the PubKGroup Service without the express permission of the copyright owner(s).
D. You agree not to copy, reproduce, republish, transmit, modify, or distribute any of the content made available to You by the PubKGroup Service, except for Your personal, non-commercial use, unless You have the prior written approval of the copyright owner. Furthermore, User hereby acknowledges that (1) any transmittal and/or sharing of the content of the PubKGroup Web site made possible by the sharing features of the PubKGroup Web site is transmitted for personal use only and not for any commercial purposes, unless User has obtained the prior written consent of the copyright owner(s); and (2) any such transmittal and sharing does not grant You any right, title, or interest in any transmitted content.
E. We do not grant You any licenses, express or implied, to the intellectual property of the PubKGroup or any copyright owner except as expressly authorized by this TOS Agreement. However, Registered User/Member Users grant the PubKGroup an irrevocable, royalty-free, and fully sub-licensable license to use, distribute, edit, publish, display, and otherwise use any content posted to or requested to be posted to its Web site. Registered User/Member Users expressly authorize PubKGroup to enter into agreements to redistribute and /or license any content posted to or allowed to be posted to the PubKGroup website or affiliated organizations.
A. PubKGroup is a distributor and not the publisher of the materials (including text, photos, and graphics) or any other content supplied by third parties. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including those made in publications offered by the PubKGroup Service, are those of the respective author(s) or publisher(s) and not of the PubKGroup. PubKGroup does not guarantee the accuracy, completeness, or usefulness of any content, nor will We be liable for any loss or damage caused by Your reliance on information obtained through the PubKGroup Service.
B. PubKGroup provides its Service for general informational purposes only. PubKGroup does not guarantee the quality or accuracy of the information accessed through its Web site. The Service is not intended to be nor is it legal or other professional advice or a substitute for seeking legal or other professional advice from a licensed attorney or an appropriate professional. Therefore, Users should not use the PubKGroup Service for the purpose of seeking legal or professional advice. If a User is seeking professional advice, he or she should consult with a licensed attorney or appropriate professional.
C. Transmission of information from or to PubKGroup is not intended to and does not create an attorney-client relationship, nor should Users act upon any information on the PubKGroup Web site. If You are seeking professional advice, You must consult a licensed attorney and/or other professional authorized to give such advice.
D. PubKGroup Service may contain links to other Internet sites and third-party resources. PubKGroup does not assume any responsibility or liability for communications or materials available at such linked sites. These links are provided for Your convenience only. You are solely responsible for understanding any terms and conditions that may apply when You visit or make a purchase with a third-party site. PubKGroup makes no representations regarding any such site, cannot guarantee other sites’ practices regarding data privacy, and does not necessarily approve or endorse the information, products, or services contained on or accessible through such sites. You agree that by linking to other Web sites, Your use is solely at Your own risk.
E. If You would like to display a link to the PubKGroup Web site, We request that you link only to the PubKGroup home page at www.pubkgroup.com. We welcome links to the PubKGroup Web site from other Web sites; however, We in no way operate, control, or endorse sites that display links to the PubKGroup Web site. We reserve the right, in our sole discretion, to disallow any such link at any time. Any link to the PubKGroup Web site or its content shall not be used in any way that would constitute an expressed or implied endorsement by the PubKGroup or any of its contributors.
Some of the PubKGroup Services are supported by sponsorship revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the PubKGroup Service, queries made through the PubKGroup Service, or other information. In consideration for PubKGroup granting You access to and use of the PubKGroup Service, You agree that the PubKGroup may place such advertising on the PubKGroup Service.
8.Modifications and Interruption to Service
A. We reserve the right at any time to modify or discontinue, temporarily or permanently, the PubKGroup Service (or any part thereof) with or without notice. Furthermore, You may experience interruptions in Your PubKGroup Service due to scheduled and unscheduled downtime for maintenance or for other purposes, during which time You may not be able to access PubKGroup Service.
B. You agree that PubKGroup shall not be liable to You or to any third party for any modification, suspension, interruption, or discontinuance of the Service, nor shall PubKGroup be liable for any loss of data or transmissions during any modification or outage whatsoever. Your continued use or access of the Web site after modifications or any interruption in service shall be deemed Your conclusive acceptance of the modified Service.
9.Disclaimer of Warranties
A. YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT THE PUBKGROUP SERVICE AND ALL CONTENT IS PROVIDED ON “AS IS” AND “AS AVAILABLE” BASES. PUBKGROUP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER PUBKGROUP NOR ITS AFFILIATES, LICENSORS, CONTRACTORS, OR AGENTS MAKE ANY WARRANTY THAT (1) THE PUBKGROUP SERVICE WILL MEET YOUR REQUIREMENTS; (2) THE PUBKGROUP SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PUBKGROUP SERVICE WILL BE ACCURATE OR RELIABLE; OR (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PUBKGROUP SERVICE WILL MEET YOUR EXPECTATIONS.
B. YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT YOU BEAR THE RESPONSIBILITY FOR OBTAINING AND MAINTAINING RELIABLE INTERNET CONNECTIVITY. PUBKGROUP IS NOT RESPONSIBLE FOR YOUR INABILITY TO DOWNLOAD OR UPLOAD CONTENT.
C. YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT ANY MATERIAL DOWNLOADED, UPLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE PUBKGROUP SERVICE 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 UPLOAD OF ANY SUCH MATERIAL.
D. YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE PUBKGROUP OR THROUGH OR FROM THE PUBKGROUP SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS AGREEMENT.
10.Limitation of Liability
A. YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT IN NO EVENT WILL PUBKGROUP, ITS AFFILILATES, LICENSORS, AGENTS, OR CONTRACTORS BE LIABLE UNDER ANY THEORY OF LAW FOR (1) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF PROFIT, GOOD WILL, OR OTHER INTANGIBLE ASSETS; (3) THE INABILITY TO USE SERVICE; (4) THE USE OF SERVICE; (5) THE LOSS OF DATA; OR (6) ANY OTHER MATTER RELATING TO THE PUBKGROUP SERVICE.
B. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. YOU ASSUME ALL RESPONSIBILITY FOR YOUR USE OR ACCESS TO THE PUBKGROUP SERVICE, INCLUDING YOUR ACCESS TO ANY DOCUMENTS OR CONTENT OBTAINED THROUGH THE PUBKGROUP SERVICE, AND WAIVE ALL CLAIMS OR CAUSES OF ACTION AGAINST THE PUBKGROUP AND PUBKGROUP, ITS MEMBERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, OR AFFILIATES.
You agree to defend, indemnify, and hold harmless the PubKGroup, its licensors, suppliers, contractors, and any third-party content providers to the PubKGroup Service and the PubKGroup’s respective directors, officers, employees, and agents from and against all claims, losses, obligations, liabilities, expenses, damages, and costs, including reasonable attorney’s fees, resulting from (A) Your use of the PubKGroup Service; (B) any violation of this TOS Agreement; (C) Your violation of any third-party right, including but not limited to any copyright or privacy right; and (D) any activity related to Your account (including negligent or wrongful conduct) undertaken by You or any other person or organization accessing the PubKGroup Service using Your account.
This Paragraph does not apply to authorized U.S. Government subscribers who access the information as part of their official duties through a “dot gov” or a “dot mil” subscription address.
12. Copyright Infringement Claims
A. It is the PubKGroup’s policy to respond to clear notices, made in good faith, of alleged copyright infringement. The form of notice specified is dictated by the United States Digital Millennium Copyright Act (DMCA), the text of which can be found at the U.S. Copyright Office Web site at https://www.copyright.gov.
B. Regardless of whether there may be infringement under local country law or United States law, the PubKGroup’s response to these notices may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating Users or Registered User/Member Users. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner and/or administrator of the affected site or content so that they may, at their discretion, make a counterclaim notification. We may also document notices of alleged infringement on which We act. Please note that in addition to being forwarded to the person who provided the allegedly infringing content, a copy of this legal notice may be sent to a third party who may publish and/or annotate it.
C. To file a notice of infringement with us, You must provide a written communication that sets forth the items specified below. This communication must be sent by regular U.S. mail and not by e-mail, except by prior agreement.
D. To expedite our ability to process Your request, and for Your notice to be effective pursuant to the DMCA requirements (see 17 U.S.C. 512(c)(3) for details), Your notice must substantially comply with the following:
- Identify in sufficient detail the copyrighted work that You believe has been infringed upon or provide other information sufficient to specify the copyrighted work being infringed, including the location of the material on the PubKGroup Web site.
- Identify the material that You claim is infringing the copyrighted work listed in item.
- Provide information reasonably sufficient to permit the PubKGroup to contact You, including the company name, contact name, street address, phone number, and e-mail address, if possible.
- Provide information reasonably sufficient to permit the PubKGroup to notify the owner/administrator of the allegedly infringing content, including the company name, contact name, street address, phone number, and e-mail address, if possible.
- Include a statement to the following effect: “I have a good-faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
- Include a statement to the following effect that is made under penalty of perjury: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
- Provide a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed.
- Send the written communication to the following address:
700 Sixth Street NW, Suite 430
Washington DC 20001
E.Please note that in addition to being forwarded to the person who provided the allegedly infringing content, a copy of this legal notice will be sent to a third party who may publish and/or annotate it. A link to Your published letter may be displayed in PubKGroup’s search results in place of the removed content.
F. The DMCA permits the administrator of an affected site or the provider of affected content to make a good-faith counterclaim notification pursuant to the DMCA (see17 U.S.C. 512(g)(3)). When We receive a counterclaim notification in compliance with the DMCA elements, We may reinstate the material in question. To file a counterclaim notification with the PubKGroup, You must provide a written communication (via fax or regular U.S. mail, not via e-mail) that meets the then-current statutory requirements imposed by the DMCA (seehttp://www.copyright.gov, 17 U.S.C. 512).
G. Some PubKGroup Services do not have Registered User/Member Users or account holders. For Services that do, the PubKGroup will, in appropriate circumstances and in its sole discretion, terminate repeat infringers. If You believe that a User or Registered User/Member User is a repeat infringer, please follow the instructions above to contact the PubKGroup and provide information sufficient for us to verify such allegations.
H. Please note that You will be liable for damages (including costs and attorneys’ fees), and there may be penalties imposed under the DMCA, if You materially misrepresent that a product or activity is infringing Your copyrights or if You file a false claim or counterclaim. Accordingly, if You are not sure whether material available online infringes Your copyright, we suggest that You first contact an attorney.
If you wish to learn more about the Digital Millennium Copyright Act, click here.
PubKGroup has the right, but not the obligation, to monitor the PubKGroup Service to determine compliance with this TOS Agreement and with any operating rules and policies established by PubKGroup, and to satisfy any law, regulation, or government request. Without limiting the foregoing, We shall have the right to remove or right to refuse to post any content that We, in our sole discretion, find to be (A) in violation of the provisions of this TOS Agreement, (B) otherwise objectionable, or (C) in breach of PubKGroup’s and/or its Registered User/Member Users’ obligations.
Either the PubKGroup or You may terminate this TOS Agreement at any time and without notice. Without limiting the foregoing, the PubKGroup may, in its sole discretion and without liability, disable or terminate Your password or use of the PubKGroup Service for any reason, including, without limitation, if the PubKGroup believes that You have violated or acted inconsistently with the letter or spirit of this TOS Agreement. Any termination of Your access to the Service under any provision of this TOS Agreement may be effected without prior notice, and PubKGroup may immediately deactivate or delete Your account and all related information and/or bar any further access to the Service. Sections 4, 5, 6, and 8 through 13 shall survive termination of this Agreement. Furthermore, Registered User/Member User agrees that his or her account terminates upon his or her death. PubKGroup reserves the right to terminate and/or permanently delete all content of such Registered User/Member User’s account upon receipt of actual notice of Registered User/Member User’s death.
15. Entire Agreement
This TOS Agreement and the other rules, guidelines, licenses, policies, and disclaimers posted on the PubKGroup Web site constitute the entire agreement between the PubKGroup and You with respect to Your use of the PubKGroup Service and supersede all previous written or oral agreements between PubKGroup and You with respect to the subject matter hereof.
16. Governing Law
This TOS Agreement shall be governed by the statutes and laws of the District of Columbia, without regard to the conflicts of laws principles thereof. The parties consent to the jurisdiction of any courts located in the District of Columbia. The parties waive personal service of any and all process and agree that all such service of process may be made by certified or registered mail, return receipt requested to the address as set forth below in the case of PubKGroup, or to the address provided by a Registered User/Member User in the account information field. TO THE EXTENT PERMITTED BY LAW, EACH OF THE PARTIES WAIVES THE RIGHT TO A JURY TRIAL IF ANY SUIT OR PROCEEDING ARISES UNDER THIS TOS AGREEMENT.
17. Waiver and Severability
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If a court of competent jurisdiction finds that any provision of this TOS Agreement is invalid or unenforceable, this shall not affect the validity and enforceability of the remaining terms.
18. Notification of Changes
From time to time, PubKGroup may revise this TOS Agreement to keep them up to date with PubKGroup’s products and services or other changes. For revisions to this TOS Agreement, Users shall periodically refer to PubKGroup’s Web site to become familiar with such changes. The date of update is intended to alert You to recent modifications. If You do not wish to accept such modifications, You may immediately cancel Your PubKGroup account and/or cease using the PubKGroup Service. Your access or use of the PubKGroup Service subsequent to such an update signifies Your consent to be bound by such changes.
All notices, unless otherwise stated in the terms of this TOS Agreement, may be sent to:
700 Sixth Street NW, Suite 430
Washington DC 20001
E-mail: [email protected]
You are not allowed to assign or transfer this TOS Agreement in whole or in part or subcontract any of its rights or obligations without the prior written consent of the PubKGroup; any attempted assignment or transfer by You without the PubKGroup’s consent shall be void. The PubKGroup may assign this TOS Agreement upon reasonable notice to You.
21. Statute of Limitations
You agree any claim or cause of action arising out of this TOS Agreement or the use of PubKGroup Service must be filed within one (1) year after such claim or cause of action arose or be forever barred, regardless of any statute or law to the contrary.
You acknowledge that You have read, understand, and agree to the TOS Agreement, and that this TOS Agreement has the same force and effect as a signed agreement.
23. Section Headings
Section Headings are for reference only and do not affect the meaning of the provisions.
24. Effective Date
The terms of this TOS Agreement are effective as of January 1, 2019.