SCOPE OF AGREEMENT
IASSC reserves the right to modify the terms of this Agreement at any time and will post notice of such changes. The changes become effective immediately upon posting (the “Effective Date”). If any change to the Agreement is not acceptable to you, you must stop using the Services. Your use of the Services after the Effective Date shall constitute your acceptance of such changes. If we make any new products or services available they will be considered a part of the Services and your use of them will be governed by the terms and conditions of this Agreement. You must also comply with any additional terms which apply to third-party content, material, information, software or other services.
IASSC Intellectual Property – all text, graphics, images, trademarks, logos, button icons, programs, software and other data, content, information and materials, tangible and intangible, and all intellectual property rights in and to the same which are owned by IASSC or licensed to IASSC by third parties. This includes but is not limited to IASSC Content and Trademarks.
IASSC Content – all copyrighted content owned by IASSC or other copyrighted content owned by third-party partners of IASSC.
IASSC Trademark(s) – all trademarks and service marks owned by IASSC as defined by 15 U.S.C. § 1127.
Services – all information, content, products, materials and services made available to you by IASSC and/or IASSC affiliated third parties via the Site.
When IASSC uses terms such as “Industry” “The Industry”, “Industry Standard”, “Universally Accepted”, “Generally Accepted” and other generalized terms, the terms are meant as a generalization of IASSC’s characterization of what it believes to be the industry standard and/or majority view of what constitutes the industry standard. IASSC “aims to” represent the voice of the industry’s majority.
OWNERSHIP AND USE OF IASSC INTELLECTUAL PROPERTY
Ownership and Use. IASSC Intellectual Property is owned by IASSC or licensed to us by our third party partners. You have no rights in or to such IASSC Intellectual Property and you agree you will not copy, retransmit, reproduce, publish, create derivative works based upon or otherwise transmit any IASSC Intellectual Property except as specifically permitted under this Agreement or other agreements between IASSC and you.
IASSC Content. As a courtesy to our customers and members we have posted to the Site certain IASSC Content. Unless otherwise specifically set forth on the Site or we give you written permission you may only use and access, download and copy the IASSC Content for your personal or company use subject to the Terms and Conditions of your particular relationship with IASSC.
Trademarks. The IASSC Trademarks (“Marks”) appearing on this site may not be used in any advertising or publicity or otherwise to indicate IASSC’s sponsorship of or affiliation with any of your products or services without IASSC’s prior express written permission or as granted by the Terms and Conditions of other documents defining a relationship between IASSC and you. You are prohibited from using IASSC Marks or any names, marks or other materials in a manner that is likely to cause confusion or dilute or damage the reputation or image of IASSC. You agree you will not alter any IASSC Mark in any manner to make it appear that IASSC is endorsing, sponsoring, authorizing or affiliated with you, your company, or any third party, except as expressly permitted in writing by IASSC.
Links to Third Party Sites. As a courtesy to Users we may provide links to other websites or resources owned and operated by third parties. IASSC has no control over such sites and resources therefore you acknowledge and agree we are not responsible for the availability of such external sites or resources and do not endorse and are not responsible or liable for any content, advertising, products, services or other materials on or otherwise made available via such sites or resources. You further acknowledge and agree we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services made available on or through any such site or resource.
COMPLIANCE WITH THE CAN-SPAM ACT
The User agrees to abide by the CAN-SPAM Act (15 U.S.C. §§7701-13) when utilizing the Site and contacting other users by email. User may not use the Site to bombard individuals or groups with uninvited commercial email, sexually explicit commercial email or engage in other activities in violation of the CAN-SPAM Act, such as, but not limited to: (a) harvesting email addresses from the Site; (b) falsifying or using misleading header information; or (c) using deceptive subject lines. User may not promote User’s or others products or services through uninvited commercial emails or any other means without the express written consent of IASSC.
IASSC will not be liable for any direct, indirect, incidental, special, consequential or punitive damages of any kind resulting from Users’ failure to adhere to the CAN-SPAM Act or any other applicable laws. The User agrees to indemnify, defend and hold harmless IASSC, its affiliates, officers, directors, employees, consultants, and agents from any and all third party claims, liability, damages, and/or costs (including, but not limited to, attorneys’ fees) arising from the User’s activities in violation of the CAN-SPAM Act or any other applicable laws. The terms of this Agreement will inure to the benefit of IASSC’s successors, assignees and licensees. The User covenants to cooperate fully in the defense of any claim. However, IASSC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by User and User shall not in any event settle any matter without the written consent of IASSC.
REGISTERED USERS ACCOUNT, PASSWORD AND SECURITY
In consideration of your use of the Site, you represent and warrant you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the relevant portions of the Site and (b) maintain and promptly update your profile information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or IASSC has reasonable grounds to suspect such information is untrue, inaccurate, not current or incomplete IASSC has the right to suspend or terminate your access to the Site and refuse any and all current or future use of the Site, or any portion thereof.
You are solely responsible for maintaining the strict confidentiality of your User IDs and Passwords and for any charges, damages, liabilities or losses incurred or suffered as a result of your failure to do so. We are not liable for any harm caused by or related to the theft of your User IDs/Passwords, your disclosure of your User IDs/Passwords or your authorization to allow another person to access and use the Services using your User IDs/Passwords. You agree to immediately notify us if you become aware of any unauthorized use of your User IDs/Passwords or other need to deactivate a User ID/Password due to security concerns.
IASSC PRODUCTS AND SERVICES PURCHASES
DISCLAIMER OF WARRANTIES
IASSC DOES NOT WARRANT OR GUARANTEE UNINTERRUPTED ACCESS TO THE SITE, OR ANY SITE LINKED TO THE SITE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THIS SITE AND ANY INFORMATION ON THIS SITE.
LIMITATION OF LIABILITY AND RELEASE
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER IASSC, ITS LICENSORS, SUPPLIERS, PARTNERS, AFFILIATES OR THIRD-PARTY SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER FORM OF DAMAGES IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SITE AND SERVICES, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM OR WHETHER OR NOT IASSC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES BEYOND THE MONETARY AMOUNT OF THE PURCHASE OF SAID PRODUCTS OR SERVICES.
IN THE EVENT YOU HAVE ANY DISPUTE WITH ONE OR MORE THIRD PARTIES AS A RESULT OF YOUR USE OF THE SITE OR THE SERVICES, OR ARE IN ANY WAY DAMAGED AS A RESULT OF ANY THIRD PARTY IN CONNECTION THEREWITH, YOU HEREBY RELEASE AND COVENANT NOT TO SUE OR OTHERWISE MAKE A CLAIM, DEMAND OR FILE ANY LEGAL ACTION OR INSTITUTE ANY LEGAL OR REGULATORY PROCEEDINGS AGAINST US, OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND SUPPLIERS FROM, FOR ANY CLAIMS, ACTIONS, DEMANDS OR DAMAGES (WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL), OF WHATEVER KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, WHETHER FORESEEABLE OR NOT, DISCLOSED OR UNDISCLOSED.
You agree to defend, indemnify and hold us harmless against any losses, expenses, costs or damages (including our reasonable attorneys’ fees, expert fees’ and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to any claim or action based upon (a) your breach of the terms and conditions of this Agreement, (b) your use of the Services, and/or (c) the use of the Services by any other person using your IDs. We may, if necessary, participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement that may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and upon notice to you, to assume exclusive defense and control of any such claim or action and then your corresponding indemnification obligation will end.
RIGHT TO TERMINATE AND/OR TO BLOCK ACCESS
IASSC reserves the right to terminate, block or restrict your access to or use of the Site for any breach or violation of any term(s) of this Agreement. In such event we may terminate this Agreement, restrict, suspend or terminate your access to and use of the Services immediately and without notice or liability, with or without cause, and it will not limit any other rights or remedies which are available to us. You may terminate this Agreement by providing us with written notice of your termination and ceasing to use or access the Services. Termination is your sole right and exclusive remedy if you are not satisfied with the Services. Upon the effective date of any such termination, your right to access and use the Services shall immediately cease.
This Agreement shall be governed in accordance with the laws of the State of Arizona USA. Additionally, you also agree that the UN Convention on Contracts for the International Sales of Goods and the Uniform Computer Information Transactions Act (UCITA) will not apply to this Agreement or any interpretation or disputes relating thereto.
All disputes under this Agreement shall be resolved by litigation in the federal or state courts of the State of Arizona USA including the federal courts therein and the Parties all consent to the jurisdiction of such courts, agree to accept service of process by mail and hereby waive any jurisdictional or venue defenses otherwise available to it.
This Agreement is personal to you and you may not assign this Agreement or the rights and obligations hereunder to any third party.
No waiver by either party of any default shall be deemed as a waiver of prior or subsequent default of the same of other provisions of this Agreement.
If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement.
SURVIVAL OF TERMS
Any provision of this Agreement which by its nature must survive the termination of this Agreement in order to give effect to its meaning shall survive such termination, including but not limited to the ownership, intellectual property rights and licensing provisions set forth in this Agreement.
LIMITATION ON ACTIONS
You agree that regardless of any applicable law providing for a statute of limitations to the contrary, any claim or cause of action arising out of or related to the use of the Site or Services, or otherwise relating to this Agreement, must be filed within one (1) year after the claim or cause of action arose, or will be forever barred.