TERMS OF SERVICE
Welcome to the International Association of Business Communicators (IABC) Internet
service (the "Service"). This document explains the terms and
conditions for using our Service (the "Agreement"). By using our Service,
you consent to this Agreement and any new version of it posted since
your last visit. If the Agreement is not acceptable, then please do
not use our Service. This Agreement was last updated on: 28
Feb 2002.
YOUR ACCOUNT & PASSWORD
If you register an account, you represent that you are at least 18
years old and that, to the best of your knowledge and belief, your
registration information is truthful, accurate and complete. A user
name and password will be assigned by us or chosen by you. You are
responsible for maintaining the secrecy of your password and for activities
occurring under your account. Be sure to change your password promptly
and notify us if you believe your account is being accessed by others.
Each user must register separately. You may not loan your user name
and password to others. You may not use another person's account without
their authorization.
USING OUR CONTENT & SERVICE
Our Proprietary Rights. Our Service
may contain an assortment of information, data, software, images,
video clips, music, links, logos and other material ("Content") that
are the copyright, trademark or other intellectual property of the
owners of this Service or third party suppliers. The Content in this
Service is copyrighted individually and as a collective work. All
rights are reserved. The name "IABC" and other names appearing herein
are the trademarks or registered trademarks of the Service or the
respective third party owners. You will ensure that all copyright,
trademark or other proprietary rights notices appearing on any Content
remain intact and legible. All licenses are non-exclusive.
Displaying Our Emblem. Registered
members in good standing are granted the nonexclusive, worldwide right
and license to publicly display our Emblem on their registered web
site. The Emblem may not be altered or merged with other emblems or
trademarks. If we issue a new version of the Emblem, you should replace
the old one as soon as practicable. If your membership is suspended
or terminated, you will promptly remove the Emblem and stop using
it.
Linking to Our Site. You may not display
our Content within a frame or border, or "deep link" or harvest Content
from below our top-most URL. You will remove any such link to our
Service that we find objectionable promptly upon request.
Our Downloadable Software & Digital Products.
Our Service offers users the ability to download software or
other digital products and obtain periodic electronic updates to those
products. Your use of any such products, updates and related documentation,
if any, that you download from the Service will be governed by any
end-user license agreement (EULA) accompanying such materials. In
the absence of any such EULA, then upon payment of any applicable
fees, you are granted a personal, revocable, non-transferable license
to install and use the products and updates on a single computer in
support of your own personal or internal business processes; provided,
however, that items designated in the documentation as a "web site
component" may be incorporated as an integral feature of your web
site and made available online (so long as no separate charge is made
for use of such component). You may not otherwise transmit, distribute
or otherwise make the products or updates available to others. As
part of the distribution process, we may interrogate your computer
solely to determine the products and versions already installed and
for no other purpose. Except as stated in an EULA, Software is provided
"AS-IS" and "AS AVAILABLE".
Our Remote Software Applications.
Our Service offers users the ability to license and make remote use
of software applications and components operated from our servers.
Your use of any remotely hosted software application will be governed
by the license agreement accompanying such "Remote Hosted Application."
In the absence of any such terms, and subject to your payment of any
applicable fees, you are granted a personal, revocable, non-transferable
license to access remotely and use the Remote Hosted Application from
your computer to process your own data in support of your own personal
or internal business processes. A Remote Hosted Application designated
by our Service as an active "web site component" may be incorporated
as an integral feature of your web site and made available to users
of your site. Unless expressly authorized, you may not charge a separate
fee for making Remote Hosted Applications available to others. Unless
you are expressly authorized to "private label" a Remote Hosted Application,
you should ensure the feature is properly designated as originating
from our Service. Except as stated in a separate agreement, Remote
Software Applications licenses are revocable, non-transferable and
provided "AS-IS" and "AS AVAILABLE".
Reservation of Rights. All content,
communications, software applications, digital products, updates and
features of this Service are copyrighted by the Service, its owners,
suppliers or other third parties. We reserve all rights not specifically
granted to you. This means permission to use the Service and related
intellectual property rights will be narrowly interpreted by a court
in our favor. Except as specifically authorized in this Agreement,
you may not store, copy, reproduce, adapt, reformat, create derivative
works of, transmit, disseminate, publicly display or perform any copyrighted
material from this Service. You may not reverse engineer our Service
or any software obtained from it to discover its underlying design
or inner workings (and you will hold in confidence for our benefit
alone anything discovered in violation of this provision). If you
infringe our intellectual property rights or exceed the scope of permitted
use of this Agreement, you agree that we could be irreparably injured
and may obtain a court order without necessity of posting bond to
enjoin you from further mischief.
Our Online Product Catalog. Our online
catalog offers information about tangible and/or digital products
available for sale or license. All product information, descriptions
and prices contained in our online catalog are provided in good faith
but "AS-IS" and "AS-AVAILABLE." All orders are subject to our approval
and acceptable payment methods or terms. Unless otherwise agreed,
prices are payable in U.S. dollars by major credit card, certified
check or money order. Prices and availability of items are subject to change
without notice. Prices published in the online catalog may differ from manufacturer list
prices and prices or special offers published through other channels.
Unless otherwise noted, any price "savings" refer to discounts from
list price. We may limit sales to resellers or other middlemen. Stocking
levels and shipping times for packaged goods are estimates and are
subject to contingencies that may be beyond our control. Prices do
not include shipping, taxes or insurance. Tangible products purchased
from our online catalog may be returned within thirty (30) days for
a complete refund. Because of their nature, we generally do not accept
returns of downloadable digital products. In cases where digital products
are accepted for return, and for packaged software products, we may
require you to sign a certification that all copies have been destroyed.
Shipping, handling and insurance charges are not refundable.
YOUR CONTENT & SUBMISSIONS
Your Public Messages. Our Service
includes certain interactive features that allow users to post, transmit
and receive messages or content to discussion forums, newsgroups,
chat areas, calendars or other online channels ("Communications").
We do not prescreen or editorially control Communications on our Service.
We reserve the right (but do not assume the responsibility) to block
or remove any Communications brought to our attention which we consider
in violation of this Agreement or detrimental to the Service or to
any person.
Permission to Publish. Our Service
does not claim ownership in the content of your Communications. If
you make Communications, you irrevocably grant our Service (and any
affiliates and sublicensees) the worldwide, perpetual, royalty-free,
sublicensable right and license to store, copy, reproduce, adapt,
reformat, create derivative works of, transmit, disseminate, publicly
display and perform such Communications through the Service and to
make such incidental and additional uses as may be needed to operate
the Service and any affiliated sites through any media or technology
now known or hereafter created. You irrevocably grant us the right
to obtain a copyright in the "thread" or compilation of Communications
on the Service generally, including your own Communications.
Your Personal Web Page. Our Service
allows registered users to create personal web pages and to upload
and manage content for those pages ("Personal Pages"). Personal Pages
are for personal and family use. The amount of storage space for Personal
Pages is limited. Please view the applicable FAQs or instructions
to determine storage limitations. Personal Pages may not be used to
carry on a business or commercial enterprise for profit. You may not
create any password-protected areas on your Personal Page.
Your Hosted Web Site. Our Service
allows a limited number of registered users to create web sites hosted
by our Service and to upload and remotely manage their own content
and communications ("Hosted Sites"). The amount of storage space for
Hosted Sites is limited. Please view the applicable FAQs or instructions
to determine storage limitations. Registered operators may transact
business on their Hosted Site. Any supplemental business services
provided by us or by third party suppliers to Hosted Sites (e.g.,
order fulfillment or payment processing services) may be governed
by supplemental terms, conditions and fees.
Your Virtual Storage Locker. Our Service
allows registered users to upload, store and retrieve files in private
areas of our system ("Storage Lockers"). The amount of space available
for Storage Lockers is limited. Please view the applicable FAQs or
instructions to determine space limitations. If you register for a
Storage Locker, you may access and upload your files into the Storage
Locker, manage your files and download them later. You may use legally
permissible utilities to encrypt files before uploading them to your
Storage Locker.
Data Management & Disclosure. We
reserve the right to manage and operate our system resources and to
archive or delete any files stored on our Service at any time. You
are responsible for making back-up copies of any files that you wish
to preserve. We may archive or delete files stored in accounts that
have not been logged into and are inactive for an extended period
of time, as determined by the Service. We do not claim any ownership
rights in the contents under your account. We may disclose the contents
of your account (a) as required by law or legal process, (b) to protect
or defend the rights of the Service, (c) to enforce this Agreement,
or (d) to protect the interests of any other user.
Prohibited Behavior. You will not
upload, store or disseminate any Content or make any Communications
which violate or infringe the intellectual property or privacy rights
of any person or which a reasonable person would consider abusive,
profane, hateful, racially or ethnically offensive, which are defamatory
or harassing, or which violate or encourage others to violate this
Agreement or any applicable law. You will not upload or transmit pornographic
or obscene images or files, and you will not impersonate our personnel
or disrupt the orderly operation of the Service. You will not use
the Service to violate any applicable law, including U.S. or foreign
securities laws or regulations. In order to protect itself, the Service
may without liability actively cooperate with and furnish identifying
and supporting information to any person likely to be harmed or affected
by your violation of this Agreement and to any law enforcement agency
conducting an investigation. You also agree not to make any Communication
that encourages users to terminate their use of the Service or to
use a competitor's service.
Anti-Spam Restriction. You will not
use our Service to make any Communications which are unsolicited bulk
advertising or promotional messages ("spam"), so-called "chain letters,"
pyramid schemes, or make Communications of a promotional nature other
than through channels authorized by the Service. You may not harvest
email addresses or instant messaging identifiers. Because the damage
incurred by us in connection with spam campaigns may be difficult
to ascertain, you agree to pay liquidated damages of $3 per individual
recipient of spam messages transmitted under your account if you knowingly
cause spam to be sent.
APPLICABLE CHARGES & PAYMENT
Some features of our Service may require the payment of a subscription-based
fee or other charge. For subscription-based features, you agree not
to allow your account to be used by other persons, including co-workers.
We require timely payment of all published fees and charges. If you
fail to pay applicable fees or charges when due, we may suspend or
terminate your account and access to services or features. Unless
otherwise agreed in writing, all charges are payable in U.S. dollars
in advance by major credit card, cashier's check or money order. Late
payments are subject to costs of collection (including reasonable
legal fees) and shall bear interest at a rate equal to the lesser
of one (1) percent per month or the highest rate permitted by law.
THIRD PARTY LINKS AND ADVERTISERS
Content, goods or services may be offered by third parties through
hotlinks or advertisements contained on our Service or through private-branded
areas that are controlled by third party providers. These are offered
as a convenience to you. We have no control over and do not endorse
third party content, goods or services. We act as a distributor and
not as a republisher of third party content and as an advertising
channel for third party goods and services. Third party providers
may change, add or discontinue their content or offerings at any time
without notice. They may impose additional or different conditions
on your use of their content or services (please read any additional
terms that may be posted by such providers).
WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES REGARDING CONTENT,
GOODS OR SERVICES YOU OBTAIN FROM THIRD PARTY PROVIDERS. YOU WILL
LOOK SOLELY TO THE THIRD PARTY PROVIDER FOR ALL CLAIMS REGARDING SUCH
MATTERS.
OUR ONLINE MATCHING SERVICE
Eligibility. Areas designated as online
auctions or "Matching Services" are available only to persons 18 years
and older who have the legal capacity to enter into legally binding
contracts. This means minors may not use the Matching Service. By
using the Matching Service, you represent and warrant that you are
of legal age and capable of entering into binding contracts.
Nature of Relationship. Our Matching Service
may offer certain features that can be used to match buyers and sellers
of goods and services. The Matching Service is offered solely as a
venue for you and other users to list items offered and to exchange
bids or other information about such items. You and other members
of this Service are solely responsible for all aspects of such exchange,
including the accuracy and legality of such listings and communications
exchanged, the selection of trading partners and the performance or
non-performance of any resulting agreement. We are not a party to
these transactions. We cannot give any assurance that a buyer
or seller will perform or pay for any goods or services.
Fee Schedule. Bidding on specific
items in the Matching Service is free. spaceholder. We reserve the
right to impose new or different fees by posting a new Fee Schedule.
New Fee Schedules are effective on the date posted, or such other
effective date identified in the Fee Schedule.
Listings & Bids. When you upload
a listing, make a bid or other communication via the Matching Service,
you irrevocably grant our Service the worldwide, perpetual, royalty-free,
sublicensable right and license to store, copy, reproduce, adapt,
create derivative works of, transmit, disseminate, perform and display
the listing through the Matching Service and to make such incidental
and additional uses as may be needed to operate the Matching Service
through any media or technology now known or hereafter created. You
irrevocably grant us the right to obtain a copyright in the compilation
of listings, bids and communication threads, including your own.
Prohibited Behavior on Matching Service.
Listings, bids and communications regarding items or participants
in the Service may not: (a) contain any information that is knowingly
false, misleading or materially inaccurate; (b) infringe any third
party intellectual property or privacy rights; (c) offer any item
that is counterfeit (unless specifically designated as such); (d)
violate any law or regulation (including securities laws, export laws
and technology transfer laws); (e) contain any information that is
defamatory, harassing or patently offensive; (f) contain any obscene
material (including child pornography); (g) upload any virus or other
deliberately destructive file or code; (h) make repetitive bids or
interfere with normal operations; (i) advertise other web sites, services
or match-making services, (j) link to any content or service that
violates this Agreement; (k) use any robot or other automatic device
to access, copy, retrieve or use any content obtained from the Matching
Service (this means you must actually be present at your computer
terminal and use the Matching Service manually), (l) use any program
or device to meta-search or consolidate listings or bids from our
Service with listings or bids from other matching services. WE RESERVE
THE RIGHT TO REMOVE ANY LISTING OR COMMUNICATION AND SUSPEND OR TERMINATE
ANY MEMBER THAT VIOLATES THE FOREGOING PROVISIONS OR OTHERWISE ENGAGES
IN BEHAVIOR THAT WE IN OUR SOLE JUDGMENT CONSIDER TO BE INAPPROPRIATE.
Taxes. You are responsible for the
timely filing of any required returns and the payment of all applicable
taxes or levies, including interest and penalties imposed thereon
("Tax Claims") arising from or relating to your use of the Matching
Service or any goods or services bought, sold or exchanged as a result
of using the Service, and you agree to defend, indemnify and hold
our Service harmless from any and all Tax Claims.
No Endorsement. We do not review or
endorse the truth, accuracy, reliability, integrity or quality of
any information posted in the Matching Service, or any goods, services
or other things bought, sold or exchanged as a result of such activities.
Outage Policy on Matching Service.
We are not responsible for any outage or disruption in your use of
the Matching Service, including any system outages. We reserve the
right, but do not assume the obligation, of extending the bidding
time for an item as a result of a system outage.
Disputes Among Users of Matching Service.
Our Service is not a party to any exchange of information or to any
subsequent agreement to buy, sell or exchange goods or services resulting
from members' participation in the Matching Service. You agree to
hold us harmless from and release our Service (including our officers,
directors, owners, agents and employees) from any and all liability
arising out of any dispute that may result from your use of the Matching
Service or any good or service obtained thereby (including any claim
for direct, indirect, incidental or consequential damages or attorney
fees, even if we are advised of the possibility of such damage, and
whether arising in contract, tort or otherwise). If you nevertheless
try to involve us in a dispute, you will comply with the Governing
Law provision of this Agreement and pay our costs and expenses, including
reasonable legal fees.
California Residents: if you reside in California,
you waive the protection of California Civil Code Section 1542, which
states: "A general release does not extend to claims which the creditor
does not know or suspect to exist in his favor at the time of executing
the release, which if known by him must have materially affected his
settlement with the debtor."
SYSTEM SECURITY
We offer secure web pages to collect certain kinds of information
from users and we store certain kinds of sensitive information in
encrypted form. We follow reasonable technical and management practices
to help protect the confidentiality, security and integrity of data
stored on our system. While no computer system is completely secure,
we believe the measures implemented by our Service reduce the likelihood
of security problems to a level appropriate to the type of data involved.
OUR PRIVACY POLICY
Our Privacy Policy for this Site is posted at our main page. The terms
of that Policy, and any future amendments to it, are hereby incorporated
by reference in its entirety into this Agreement and subject to these
terms. Third parties providing goods or services to you (including
those advertising or providing links on our Service) may have privacy
policies or practices that differ from our own. Please check their
sites' privacy disclosures for details.
WARRANTIES & LIABILITIES
Warranty Disclaimer. THIS SERVICE (INCLUDING
ALL INFORMATION, CONTENT, COMMUNICATIONS, FEATURES, PRODUCTS, SOFTWARE
AND SERVICES) MAY INCLUDE INACCURACIES, ERRORS AND DEFECTS AND IS
PROVIDED AS-IS AND AS-AVAILABLE WITHOUT WARRANTY OF ANY KIND. ALL
WARRANTIES, INCLUDING MERCHANTABILITY, QUALITY, INTEGRATION, ACCURACY,
WORKMANLIKE EFFORT, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT
ARE DISCLAIMED. THE SERVICE IS NOT RESPONSIBLE FOR UNAUTHORIZED ACCESS
TO OR DISRUPTION OF YOUR COMMUNICATIONS, CONTENT OR TRANSACTIONS ENTERED
INTO WITH THE SERVICE. THE SERVICE IS NOT RESPONSIBLE FOR ANY HARASSING,
DEFAMATORY, ILLEGAL OR IMPROPER CONDUCT OR CONTENT OF THIRD PARTIES,
OR FOR ANY INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS BY THIRD PARTIES.
Limitation of Liability. YOU AGREE
THIS SERVICE IS NOT LIABLE FOR ANY DIRECT DAMAGES EXCEEDING THE AMOUNT,
IF ANY, ACTUALLY PAID TO IT BY YOU DURING THE SIX (6) MONTHS PRECEDING
THE EVENT GIVING RISE TO YOUR CLAIM. IN NO EVENT IS THE SERVICE LIABLE
WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY
OR OTHERWISE), FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL
OR CONSEQUENTIAL DAMAGES (INCLUDING LOST SAVINGS, LOST PROFIT, LOST
GOODWILL, LOST OR CORRUPTED DATA OR BUSINESS INTERRUPTION) EVEN IF
NOTIFIED IN ADVANCE OF SUCH POSSIBILITY. THIS LIMITATION IS A MATERIAL
CONDITION TO THIS AGREEMENT, IS COMMERCIALLY REASONABLE AND HAS BEEN
FACTORED INTO THE AGREEMENT AS A WHOLE. SOME STATES OR JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION MAY NOT APPLY
TO YOU.
Indemnification. You agree to defend,
indemnify and hold harmless the Service and its officers, directors,
owners, agents, employees, advisers and consultants, from and against
any claims, actions, demands, liability, damages (including legal
and professional fees) asserted by any third party and arising from
your use of the Service, your conduct, content, communications, alleged
infringement of third party intellectual property or privacy rights,
or violation of this Agreement.
Limitation of Remedies. You agree
that if the Service breaches this Agreement, your sole and exclusive
remedy will be to terminate this Agreement and your relationship with
the Service. This applies regardless of whether the remedy fails of
its essential purpose.
Protected Parties. THE WARRANTY DISCLAIMERS,
LIABILITY LIMITS, INDEMNITIES AND RESERVATION OF RIGHTS CONTAINED
IN THIS AGREEMENT PROTECT THE SERVICE, ITS OFFICERS, DIRECTORS, OWNERS,
AGENTS, CONSULTANTS, ADVISERS, EMPLOYEES, AFFILIATES, ADVERTISERS,
DISTRIBUTORS, RESELLERS, SUPPLIERS, PUBLISHERS AND PROMOTERS
FORCE MAJEURE
The Service is not responsible for any delay or failure in performance
of the Service in whole or in part for any reason including, without
limitation: fires, floods, storms, earthquakes, civil disturbances,
disruption of telecommunications, transportation, utilities, services
or supplies, governmental action, computer viruses, corruption of
data, hacker attack, incompatible or defective equipment, software
or services or otherwise. Nothing herein enlarges any warranty or
diminishes any disclaimer under this Agreement.
NO OUTSIDE CONTACTS
Because of the uncertainty and lack of uniformity of laws in other
jurisdictions (particularly as applied to Internet sites), it is important
to agree that our Service operates solely in San Francisco, California,
USA (our "Locality"). You are using the Internet as your own agent
to access and use our Service from the local Internet point of presence
(POP) here in our Locality and you are using the Internet or public
carrier as your local agent to take delivery of any information, products
or services in our Locality. This means all operations, services,
deliveries, performance and contacts of our Service occur solely in
our Locality. Our Service does not submit to personal jurisdiction
anywhere else and you irrevocably waive any claim to the contrary.
INJUNCTIVE RELIEF
If you violate or exceed the scope of this Agreement or infringe our
proprietary rights, you agree we would be irreparably harmed and may
(in addition to other relief and without having to post bond) obtain
a court order enjoining your from further mischief.
GOVERNING LAW
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH
THE SUBSTANTIVE LAWS OF CALIFORNIA (USA), WITHOUT REGARD TO CONFLICTS
OF LAW PRINCIPLES. YOU AGREE TO INITIATE AND MAINTAIN ANY LEGAL ACTION
IN SUCH DESIGNATED STATE/LOCALE AND IRREVOCABLY CONSENT TO EXCLUSIVE
PERSONAL JURISDICTION AND VENUE THEREIN. YOU ARE RESPONSIBLE FOR COMPLYING
WITH YOUR OWN LOCAL LAWS, WHICH MAY VARY WITH RESPECT TO CERTAIN ACTIVITIES
OR PEOPLE (e.g., MINORS). You agree that U.S. District Courts can
hear cases involving copyright issues between us. Since we make no
warranties and have limited our liabilities, you should have little
reason to have a grievance with us. Should you nevertheless bring
legal action against us, you irrevocably agree it will be brought
and maintained within one (1) year after the claim arises or be barred.
As disincentive for unwarranted litigation, you agree that if you
sue us and don't win on the merits, you will pay our defense costs,
including reasonable legal fees for in-house and outside counsel.
If we are required to enforce this Agreement or our rights, you agree
it is reasonable to send you legal notices and papers by electronic
mail at your stated address (we would also attempt to send you a backup
copy by regular mail).
TECHNOLOGY & DATA TRANSFER
Technology Transfer. The transport
of technology, technical data and information across national boundaries
is regulated by the U.S. and certain foreign governments. You agree
not to directly or indirectly export or re-export any information,
software or technology obtained from or through the Service that requires
an export license or governmental approval without first obtaining
that license or approval. This provision will survive termination
of our Agreement.
European Union Residents. If you reside
in the European Union (EU) or if any transfer of information between
you and our Service is governed by the European Union Data Protection
Directive or nationals laws implementing that Directive, then you
consent to the transfer of such information outside of the European
Union to your country and to such other countries as may be contemplated
by the features and activities provided by the Service.
U.S. GOVERNMENT RESTRICTED RIGHTS
To the extent used by U.S. government personnel: this is a computer
data base that constitutes restricted computer software and is provided
with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government
is subject to restrictions as set forth in the Commercial Computer
Software clause at DFARS 227.7202-3 or subparagraphs (c)(1) and (2)
of the Commercial Computer Software- Restricted Rights clause at 48
CFR 52.227-19, as applicable. Contractor is International Association
of Business Communicators, 601 Montgomery Street, Suite 1900, San Francisco,
CA 94111 USA.
RELATIONSHIP OF PARTIES
There are no third party beneficiaries of this Agreement. The parties
are independent to one another and are not related by franchise, partnership,
employment, joint venture or otherwise. This Service is not a party
to any transaction between you and any third party advertisers or
suppliers. You will look solely to the third party for all claims
regarding their goods, services or information.
RIGHT TO RELY ON INSTRUCTIONS
The Service may act in reliance upon any instruction, information,
document, filing, name, email address or user password that meets
the Service's automated criteria or which is believed by the Service's
personnel to be genuine. For any password protected areas, the Service
may assume a person entering a user name address and associated password
is, in fact, that user or is authorized by that user to act on its
behalf. The Service may assume the latest email addresses and registration
information on file with the Service are accurate and current. When
programmed to do so, the Service may take prescribed actions in the
absence of receiving proper and complete contrary instructions.
CHANGES TO SERVICE
We reserve the right to modify, change or discontinue the Service
or any feature at any time without notice. You agree that the Service
is not liable to you or to any third party as a result of any such
action. We invite users to make suggestions for ways that the Service
can be improved. If you make a suggestion, you authorize us to use
the idea and to publish your name in connection with the submission.
We do not pay compensation for using submissions.
TERMINATION
Either party may terminate this Agreement in their sole discretion,
at any time with or without cause and regardless of the stated registration
period otherwise applicable. We reserve the right to suspend or terminate
operation of this Service, or any feature of this Service, at any
time upon notice. Protections afforded to us and to third parties
by this Agreement will survive termination. If this Agreement is suspended
or terminated as a result of unauthorized use or infringement of rights
to Content obtained from the System, you agree that upon request,
you will destroy all copies of such Content in your possession or
under your control.
NOTICE TO CALIFORNIA RESIDENTS
Under California Civil Code Section 1789.3, California residents are
entitled to the following specific consumer rights information.
Pricing Information: Current rates for using
the Service may be obtained by calling (415) 544-4700.
The Service reserves the right to change fees, surcharges or to institute
new fees at any time, as provided in this Agreement.
Complaints: The Complaint Assistance Unit
of the Division of Consumer Services of the California Department
of Consumer Affairs may be contacted in writing at 1020 North Street,
Suite 501, Sacramento, CA 95814, or by telephone at (916) 445-1254.
MISCELLANEOUS
This document reflects our entire and exclusive agreement and supersedes
all other agreements regarding this subject matter, whether written
or verbal. We reserve the right to change this Agreement at any time
by posting a new version on the Service. Your continued use of this
Service after the effective date of such amendment will constitute
your acceptance of it. Any other amendment to this Agreement shall
be in a pen-and-ink signed writing, regardless of any course of conduct
or trade practice between us. This electronic document or a hardcopy
duplicate in good form shall be considered an original document admissible
into evidence unless the document's authenticity is genuinely placed
in question. We reserve the right to assign this Agreement or delegate
responsibility to any third party, including a party acquiring any
of our operating assets or ownership interests. All licenses or permissions
granted to you by this Agreement are personal in nature and may not
be assigned, sublicensed or otherwise transferred and any attempt
to the contrary is void. Any provision of this Agreement found by
a court to be illegal or unenforceable shall automatically be deemed
conformed to the minimum requirements of law and shall thereupon be
given full force and effect as so modified. Waiver of a provision
in one instance shall not preclude our enforcement of it on future
occasions. Headings are for reference purposes only and have no substantive
effect.
NOTICE OF COPYRIGHT INFRINGEMENT PROCEDURES
If you believe content on our Service infringes your copyrighted work
and you want the Service to take down the offending material, you
will need to complete the following Notice of Copyright Infringement
and mail or fax it to our Registered Agent (do not use this procedure
for any other kind of communication):
Mail or Fax it to us:
IABC Webmaster
International Association of Business Communicators
601 Montgomery Street, Suite 1900, San Francisco, CA
94111 USA
Fax it to: +1 415-544-4747
Notice of Copyright Infringement
I certify under the penalty of perjury that I own
or am authorized to act on behalf of the owner of the copyrighted
work identified below. I believe in good faith that the copyrighted
work has been used on your Service without authorization by the owner,
its agents or according to law. I ask that you remove or block access
to the infringing material.
Name of Copyright Owner:
Description of Copyrighted Work:
Description of Infringing Material:
Location of Infringing Material:
I can be contacted as follows:
My Name:
My Title:
Company:
Address:
Address:
Telephone:
Fax:
Email:
I certify under the penalties of perjury that the foregoing is true
and correct to the best of my information, knowledge and belief.
Signed:
Date:
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