TERMS AND CONDITIONS
1. NO LIABILITY REGARDING CONTENT & AUTHORSHIP
The Trade Associations expect to attract Content from a wide variety of sources, The role of the Associations in this Web site has been limited to presenting for publication data provided by third parties. The Trade Associations takes no position with respect to the accuracy or ownership of that data and disclaims any liability resulting from or arising out of the use of that data. You acknowledge and agree that:
The Content (including opinions, ideas, products, information, statistics and representations) is not, and should not be regarded as, endorsed or guaranteed by The Trade Associations in any way, or relied upon as a substitute for professional advice. In respect of Content, The Trade Associations accept no responsibility, and liability in this respect is expressly disclaimed.
The Trade Associations expect the Web site to contain from time to time links to Companies who may be available to provide various products and services to users. The purpose of the Web site is merely to act as a conduit between buyers and sellers of such products and services and accordingly:
3. NO LIABILITY FOR LINKS, ADVERTISERS, MEMBERS
4. NO LIABILITY FOR ANY DISRUPTIONS TO YOUR SYSTEM
While The Trade Associations expect to maintain their IT infrastructure to high standards, they cannot accept legal responsibility to Participants for any act or omission (including viruses and the like) that inadvertently results in any damage, interference or other problems with any system, data or personal information. If you have any problems in that regard, The Trade Associations would appreciate appropriate advice from Participants.
5. NO LIABILITY FOR INTERRUPTIONS OF SERVICE DUE TO MAINTENANCE, UPGRADES, ETC.
The Trade Associations shall not be liable for any disruptions to the Web site for any reason, including but not limited to disruptions caused by any third party service provider, and any Web site downtime for any reason, including but not limited to repairs, maintenance, Web site design changes, or the implementation of any changes to the Content.
6. FURTHER ON EXCLUSION OF DAMAGES
In respect of his/her relevant participation in the Web site, each Participant (and if more than one in respect of participation, jointly and severally) indemnifies and holds The Trade Associations and their Related Parties harmless from and against all claims, liabilities, and costs, including reasonable legal fees, incurred by The Trade Associations and/or its Related Parties arising from any third party claim resulting directly or indirectly from the Participant's participation in the Web site. Such indemnity includes but is not limited to claims in respect of the infringement of intellectual property rights.
8. EXCLUSION OF WARRANTIES
You acknowledge and agree as follows:
9. PRIVACY & SECURITY
The Trade Associations are committed to protecting the privacy of all Participants and to keeping secure personal information that Participants provide to The Trade Associations (Personal Information). The Trade Associations are also committed to fully observing the privacy laws of the United States (US) as they stand from time to time. Unless otherwise compelled by law, The Trade Associations shall restrict access to Personal Information to such officers, employees, agents, contractors and advisers of The Trade Associations who are properly authorized by The Trade Associations in good faith. Authorization of such persons shall only extend to legitimate internal purposes of The Trade Associations.
10. USE OF WEB SITE
In any capacity as a Participant, whether as a User or Contributor, you agree to not participate in the Web site (including but not limited to submission of Content and entering any arrangement for provision of product or service between User and Company) as follows:
11. RIGHT TO MODIFY THE SERVICE
Without notice and without accepting liability to you in this regard:
12. PROPERTY RIGHTS OF THE TRADE ASSOCIATIONS AND OTHERS
13. ANY DIRECTIONS, ETC., FORM PART OF TERMS AND CONDITIONS
The Web site may, from time to time, contain directions regarding its use, which also may be modified from time to time. Any such directions are deemed to form part of these Terms and Conditions, and any breach thereof shall be considered a breach of these Terms and Conditions.
No remedy conferred by any of the provisions of these Terms and Conditions is intended to be exclusive of any other remedy which is otherwise available at law, in equity, by statute or otherwise. The election of any one or more of such remedies by any of the parties hereto shall not constitute a waiver by such party of the right to pursue any other available remedy.
Any provision in these Terms and Conditions which is invalid or unenforceable in any jurisdiction is to be read down for the purposes of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise capable of being severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of these Terms and Conditions or affecting the validity or enforceability of that provision in any other jurisdiction.
16. SURVIVAL OF RIGHTS, DUTIES AND OBLIGATIONS
17. ENTIRE AGREEMENT
18. MUTUAL AGREEMENT
The parties recognize that it is impracticable to make provision for every contingency that may arise in the course of performance of the provisions of these Terms and Conditions and accordingly declare their intention that these Terms and Conditions shall operate among them with fairness and covenant and agree with each other that they shall act reasonably at all times in carrying out their respective obligations and use all reasonable endeavors to ensure that full effect be given to the terms of these Terms and Conditions in the spirit in which it was agreed.
These Terms and Conditions shall be binding on the parties hereto and their respective successors and assigns.
20. NO PARTNERSHIP
Unless otherwise specifically agreed in writing, nothing in these Terms and Conditions or in your participation in the Web site in any capacity imply any relationship between The Trade Associations and you other than that of service provider and customer. No relationship of agency, partnership, joint venture, employment, or franchise shall be construed.
Any notice to you or to The Trade Associations shall be made by either e-mail or regular mail.
22. FURTHER ASSURANCE
Each party shall promptly execute all documents and do all things that any other party from time to time reasonably requires of it to effect, perfect or complete the provisions of these Terms and Conditions and any transaction contemplated by it.
23. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of the US. The parties irrevocably agree that the courts of the United States shall have non-exclusive jurisdiction to settle any dispute, which may arise out of or in connection with these Terms and Conditions.
24. DISPUTE RESOLUTION
The parties will attempt to resolve any dispute arising out of or relating to these Terms and Conditions or use of the Web site by negotiation between representatives with authority to settle the controversy. If such negotiations are not successful, the parties shall attempt to settle the dispute by mediation under the CPR Mediation procedure then in effect. If the dispute is not resolved by mediation, it shall be settled by binding arbitration in accordance with the CPR Rules for Non-Administered Arbitration then in effect. The place of arbitration shall be Princeton, New Jersey.
26. ACKNOWLEDGE YOU ARE OVER 18 OR IF NOT, HAVE PARENTAL CONSENT
You acknowledge that as a Participant either: