Scalix Agency. (“SCALIX”) provides the content on this Web site (the “Site”) subject to the following terms and conditions (the “Terms”). We may periodically change the Terms without notice to you, so please check back from time to time. Unless explicitly stated otherwise, any new features that augment or enhance the Site shall be subject to these Terms. By accessing and using this Site, you agree to these Terms. If you are a Network Member, you have agreed and are additionally subject to the Terms and Conditions of Membership in the SCALIX Network (“Terms and Conditions”), and in the event of any conflict between these Terms of Use and the Terms and Conditions, the latter shall control.
1. Description of Service
This Site provides a variety of resources and information for users to find, engage and manage expert networks (the “Services”). The Site does not provide medical, investment or legal advice, and no attorney-client relationship is created between users
of the Services and SCALIX or its licensors.
2. Network Member Content Disclaimer
Some of the content on this Site, including without limitation, the text, software, scripts, graphics, videos and the like (“Site Content”) is created and developed by Network Members and provided to SCALIX under license for dissemination over the internet
(“Network Member Content”). Network Member Content includes, among other things, SCALIX News Analyses, SCALIX Education Seminars workbooks, presentations and other related materials, and Network Member biographical and employment information. SCALIX cannot guarantee and makes no representations as to the accuracy or quality of Network Member Content, all of which is offered “as is.” SCALIX does not own, develop, endorse, and is not responsible for Network Member Content. The use of a company or entity name in Network Member biographical or employment information should not be construed as an express or implied endorsement by such company or entity of SCALIX or an express or implied endorsement by SCALIX of such company or entity. Network Members are not employees or under the supervision of SCALIX. Network Members have agreed to be bound by the Terms and Conditions and have represented, among other things, which they will not disclose information that is subject to a confidentiality obligation or participate in the Councils in violation of any agreements or duties owed to employers or other third parties. SCALIX relies on the accuracy of these representations of the Network Member and does not necessarily seek independent verification.
3. Confidentiality Agreement
Network Members have agreed to and are bound by the Non-Disclosure provision of the Terms and Conditions. If you are not a Network Member, you agree not to disclose or attempt to use or personally benefit from any Confidential Information, as defined
below, you learn on SCALIX’s Consulting Management Platform (CMP), a password protected website. This obligation shall continue until such time as the Confidential Information has become publicly known through no action of your own. Confidential Information shall include: (i) the existence, title and description of any SCALIX project (such as may be found on the “Open Projects” tab of the Consulting Management Platform website); (ii) information about actual or potential business, investment or trading decisions or transactions of any SCALIX Client; (iii) any other confidential information of SCALIX or its Clients, and (iv) any intellectual property, including without limitation any trade secrets, know-how, or copyrighted information, of SCALIX or its Clients. If you are compelled by order of a court or other governmental or legal body (or have notice that such an order is being sought) to divulge any Confidential Information, you agree to promptly and diligently notify SCALIX and cooperate fully with SCALIX in protecting such information to the extent possible under applicable law.
4. Intellectual Property Rights
Site Content and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to SCALIX, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Site Content may not be copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, uploaded, or otherwise exploited without the prior written consent of the respective owners.
5. To Report A Concern About Content On The Site
If you believe that any content on the Site is in any way unlawful, defamatory, threatening, deceptive, misleading, subject to a confidentiality obligation, or constitutes material, non-public information, notify the SCALIX Legal Department at Legal Department,
Scalix Agency., 1308 8th St # 2, North Bergen, NJ 07047, US; email: accounts@scalix.agency; tel.: +1 316-217-8808.
6. Copyright Policy
SCALIX prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, please write to SCALIX at the address shown below, giving a written statement that contains: (a) identification of the copyrighted work and/or intellectual property right claimed to have been infringed; (b) identification of the allegedly infringing material on the Site that is requested to be removed; (c) your name, address, and daytime telephone number, and an e-mail address if available; (d) a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law; (e) a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and (f) the signature of the intellectual property right owner or someone authorized on the owner’s behalf to assert infringement of the right. SCALIX will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) 17 U.S.C. 512(c)(3). U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions. SCALIX’s contact for submission of notices under this Section regarding claimed copyright
infringement is: Legal Department, Scalix Agency., 1308 8th St # 2, North Bergen, NJ 07047, US; email: accounts@scalix.agency; tel.: +1 316-217-8808.
7. Privacy Policy
You understand that your access to the site will result in the collection, use and storage of your information which is subject to our Privacy Policy. Through your access to the site you consent to the collection, use and storage of such information, which will be held in the United States and may be process and stored by other SCALIX companies around the world. For an explanation of SCALIX’s practices and policies related to the collection, use, and storage of our users’ information, please read our Privacy Policy.
8. Disclaimer of Warranties
THE CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED WITH THE UNDERSTANDING THAT SCALIX IS NOT HEREIN ENGAGED IN RENDERING PROFESSIONAL ADVICE AND SERVICES TO YOU. ALL CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SCALIX MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, OR ADEQUACY OF THE SITE CONTENT OR THAT THE FUNCTIONALITY ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU HEREBY ACKNOWLEDGE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES SHALL SCALIX OR ANY OF ITS PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE INFORMATION CONTAINED ON THIS SITE OR OBTAINED FROM YOUR USE OF THIS SITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE, EVEN IF SCALIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
9. Indemnification
As a condition of your use of this Site, you agree to indemnify, defend and hold SCALIX, our officers, directors, employees, agents and representatives harmless from and against all claims, damages, losses, costs (including reasonable attorneys fees), or other expenses that arise directly or indirectly out of or from (a) your violation of the Terms; (b) your use of the Site; or (c) your violation of the rights of any third party.
10. Third-Party Web Sites
We may provide links to third-party Web sites, and some of the content appearing to be on this Site is in fact supplied by third parties. SCALIX does not endorse and has no responsibility for the availability or content of these third-party Web sites, which are governed by the Terms of Use and privacy policies, if any, of the applicable third-party content providers. SCALIX shall have no liability or responsibility, directly or indirectly, for any damage or loss caused or alleged to be caused by the use or reliance on any content, goods or services available on or through such site.
11. General Terms
Governing Law; Jurisdiction: These Terms are governed by the laws of the State of New York without reference to the principles of conflicts of laws thereof. You agree to submit to the personal and exclusive jurisdiction of the courts located within the State of New York, County of New York with respect to all disputes arising out of or related to these Terms. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
Complete Agreement: These Terms sets forth the entire understanding between you and SCALIX and supersedes all prior version of the Terms. In addition, you may also be subject to additional terms and conditions when you use or access other SCALIX or SCALIX affiliate services or content.
Severability: If any provision of these Terms is declared void, or otherwise unenforceable, such provision shall be deemed to have been severed from these Terms which shall otherwise remain in full force and effect.
