Effective: September 13, 2020
Acceptance of Terms. The Service is made available to you by IHC subject to this Agreement. IHC reserves the right to update or make changes to this Agreement from time to time and may provide you with notice of such changes by any reasonable means, including without limitation, by posting the revised version of this Agreement on our Site. Your access to or use of the Service following changes to this Agreement will constitute your acceptance of those changes.
BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
- Photo and Video Release for IHC Events. IHC records all IHC Events. As such, when you attend an IHC Event, either in-person or virtually, your PII, including your name, image, likeness, movements and voice may be photographed or recorded. By using the Service and attending an IHC Event, You acknowledge and consent to such photography, audio recording, video recording and its/their release, publication, exhibition, or reproduction to be used for promotional purposes, telecasts, advertising, inclusion on websites, social media, or any other purpose by IHC and its affiliates and representatives. Images, photos and/or videos may be used to promote similar IHC Events or highlight the event and exhibit the capabilities of IHC. You release IHC, its officers and employees, and each and all persons involved from any liability connected with the taking, recording, digitizing, or publication and use of interviews, photographs, computer images, video and/or sound recordings. By attending IHC Events, you waive all rights you may have to any claims for payment or royalties in connection with any use, exhibition, streaming, webcasting, televising, or other publication of these materials, regardless of the purpose or sponsoring of such use, exhibiting, broadcasting, webcasting, or other publication irrespective of whether a fee for admission or sponsorship is charged. You also waive any right to inspect or approve any photo, video, or audio recording taken by IHC or the person or entity designated to do so by IHC. You have been fully informed of your consent, waiver of liability, and release before entering the event.
- IHC Code of Conduct. IHC has been organizing IHC Events for over ten (10) years. Given that we bring together in-house counsel and other legal professionals, we’ve never had a problem with cultivating a respectful environment for our members and attendees. That being said, for the avoidance of doubt, the following are prohibited activities, the violation of which can result in expulsion/banishment from IHC Events, in IHC’s sole discretion:
- Hateful conduct: You may not promote violence against, threaten, or harass other people on the basis of race, ethnicity, national origin, caste, sexual orientation, gender, gender identity, religious affiliation, age, disability, or serious disease.
- Impersonation: You may not impersonate individuals in a manner that is intended to or does mislead, confuse, or deceive others.
- Copyright and trademark: You may not violate others’ intellectual property rights, including copyright and trademark.
- Other prohibited activities. In addition to the prohibitions detailed in the IHC Code of Conduct, You are further prohibited from:
- Licensing, sublicensing, transferring assigning, reproducing, duplicating, copying, selling, reselling, distributing, or exploiting for any commercial purposes the Service or any access to or use of the Service.
- Modifying, adapting, making derivate works of, translating, reverse engineering, decompiling or disassembling the Service.
- Removing any copyright, trademark, or other proprietary rights notice from the Service or any materials available through the Service.
- Disclaimer of Advice. The content provided through the Site and/or in connection with the Service is designed to provide practical and useful information on the subject matter covered. WHILE SUCH CONTENT MAY CONCERN LEGAL ISSUES, ACCOUNTING ISSUES OR OTHER ISSUES RELATED TO PROFESSIONAL SERVICES, SUCH CONTENT IS NOT LEGAL ADVICE, ACCOUNTING ADVICE OR OTHER PROFESSIONAL SERVICES ADVICE. YOU SHOULD NOT ACT OR REFRAIN FROM ACTING ON THE BASIS OF ANY CONTENT INCLUDED ON THE SITE OR IN CONNECTION WITH THE SERVICE. IHC EXPRESSLY DISCLAIMS ALL LIABILITY IN RESPECT OF ACTIONS TAKEN OR NOT TAKEN BASED ON ANY CONTENT PROVIDED ON THE SITE OR IN CONNECTION WITH THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT SUCH CONTENT IS NOT PROVIDED FOR THE PURPOSE OF RENDERING LEGAL, ACCOUNTING OR OTHER PROFESSIONAL SERVICES.
- Registration; User Names and Passwords. You may need to register to use all or part of the Service. You represent and warrant that all information you submit to IHC is complete and accurate. We may reject, or require that you change, for any reason, any login name, password or other information that you provide to us when you register. Your login name and password are for your personal use only and should be kept confidential; you, and not IHC, is responsible for any use or misuse of your login name or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your login name or password or your account. IHC is not liable for any loss or damage arising from your failure to comply with any of these obligations.
- IHC’s Proprietary Rights. We and/or our partners, affiliates, licensors and suppliers own the information and materials made available through the Site and/or Service. Such information and materials are protected by copyright, trademark, patent and/or other proprietary rights and laws. Except as expressly authorized in advance by us, you agree not to reproduce, modify, rent, lease, loan, sell, distribute or create derivative works based on, all or any part of the Service or any information or materials made available through the Service.
- We may make available products and services for purchase through the Service, and we may use third-party suppliers and service providers to enable e-commerce functionality on our Service. If you wish to purchase any product or service made available by us through the Service or through our email, telephone, mail-order, telemarketing efforts, customer service representatives, account representatives, or other sales channels (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction, including without limitation your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to IHC the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction. IHC reserves the right, with or without prior notice, to limit the available quantity of or discontinue any product or service; to not honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all Transaction(s); and/or to refuse to provide any user with any product or service.
- United States Law. The Site and the Service are controlled and operated by IHC from the United States and are not intended to subject IHC to the laws or jurisdiction of any state, country, or territory other than that of the United States. IHC neither represents nor warrants that the Site or the Service or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Service, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules, and regulations.
- DISCLAIMER OF WARRANTIES. THE SITE AND THE SERVICE ARE PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED THROUGH THE SERVICE. IHC DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE AND SERVICE TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE. OUR IHC EVENTS MAY RELY UPON THE USE OF THIRD PARTY SERVICES, INCLUDING, WITHOUT LIMITATION, ZOOM, VIMEO, AND LINKEDIN.
- LIMITATION OF LIABILITY. IHC WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SERVICE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, IHC WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE, OR FROM ANY CONTENT POSTED ON THE SITE OR IN CONNECTION WITH THE SERVICE BY IHC OR ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THE MAXIMUM LIABILITY OF IHC FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO IHC TO ACCESS AND USE THE SERVICE.
- Third Party Services and Platforms. Our IHC Events and IHC Videos may rely upon the use of third party services, including, without limitation, Zoom, Vimeo, LinkedIn (collectively, “Third Party Services”). You are responsible for determining whether use of the Third Party Services are approved and/or consistent with Your, and Your employer’s, expectations and policies regarding the security and privacy of the Third Party Services. IHC hereby disclaims all representations and warranties with respect to the Third Party Services. If you have any questions about the use of the Third Party Services in the Services, please contact us at email@example.com. You further agree that IHC is neither responsible nor liable for any Third Party Services, including the accuracy, integrity, quality, legality, usefulness, privacy, security, or safety of any Third Party Service. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SERVICE, INCLUDING ALL THIRD PARTY SERVICES INCORPORATED THEREIN.
- Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless IHC and its affiliates from and against all claims, losses, costs, and expenses (including attorneys’ fees) arising out of (a) your use of, or activities in connection with, the Service; (b) any violation or alleged violation of this Agreement by you; or (c) any claim that anything you submitted through the Service or any use or exploitation thereof caused damage to or infringed upon or violated the rights of a third party, including past, present or future infringement, misappropriation, libel, defamation, invasion of privacy or right of publicity, or violation of any right related to the foregoing.
- Termination. This Agreement is effective until terminated. IHC may terminate your access to or use of the Service, at any time and for any reason and without prior notice. Upon any such termination, your right to access or use the Service will immediately cease.
- Governing Law and Arbitration. This Agreement is governed by the laws of the State of New York, U.S.A., without regard to its conflicts of law provisions, and regardless of your location. ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND IHC, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, SHALL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND, BY YOUR ACCESS TO OR USE OF THIS SERVICE, YOU AGREE THAT YOU AND IHC ARE EACH WAIVING OUR RIGHT TO TRIAL BY A JURY. BY YOUR ACCESS TO OR USE OF THE SERVICE, YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND, BY YOUR ACCESS TO OR USE OF THE SERVICE, YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules, as amended by this Agreement. Any in-person hearings or appearances shall be held in New York County, State of New York, U.S.A. Arbitration proceedings shall be conducted in a manner that preserves confidentiality. The arbitrator’s decision shall follow this Agreement and shall be final and binding. The arbitrator shall have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.
- Contact Us. If you have any questions regarding the meaning or application of this Agreement, please direct such questions to firstname.lastname@example.org.This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and IHC. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent, and any prohibited assignment, transfer, or sublicense is void. We may assign, transfer, or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This, together with all policies referred to herein, is the entire Agreement between you and IHC relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and IHC relating to such subject matter.
EFFECTIVE: SEPTEMBER 13, 2020