Effective Date: As of July, 2009
Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of the IA3 Web site, including but not limited to all content, services, digital products, events, tools or products is hereby expressly prohibited.
Although portions of the IA3 Web site may be viewed simply by visiting the relevant Web site, in order to access the message boards and/or receive additional services from IA3 you need to sign on as a guest or register as a member of the IA3 Web site. Registering as a member will allow you to access certain services that are not available to guests.
2. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE IA3 WEB SITE, INCLUDING BUT NOT LIMITED TO ALL CONTENT, SERVICES, DIGITAL PRODUCTS, COURSES, EVENTS, TOOLS AND PRODUCTS PURCHASED THROUGH THE IA3 WEB SITE, IS AT YOUR SOLE RISK. THE IA3 WEB SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. IA3 EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
IA3 MAKES NO WARRANTY THAT THE IA3 WEB SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE IA3 WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES IA3 MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE IA3 WEB SITE. IA3 WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR OTHER DAMAGES, WHETHER FORSEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF THE IA3 WEB SITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE IA3 WEB SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
YOU UNDERSTAND AND AGREE THAT IA3 DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS FOR A PARTICULAR PUROSE OF ANY INFORMATION PROVIDED IN CONNECTION WITH THE IA3 WEB SITE. IA3 IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER IA3 NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN THE IA3 WEB SITE, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. IA3 ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE.
IA3 SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THE IA3 WEB SITE, ITS DIGITAL PRODUCTS OR SERVICES. YOUR PARTICIPATION IN THE IA3 WEB SITE IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IA3 OR THROUGH THE IA3 WEB SITE, ITS EMPLOYEES, CONSULTANTS AND/OR EXPERTS SHALL CREATE ANY WARRANTY.
IA3 MAKES NO WARRANTY REGARDING ANY GOODS, SERVICES, DIGITAL PRODUCTS, EVENTS, COURSES, CONTENT, TOOLS OR PRODUCTS PURCHASED OR OBTAINED THROUGH THE IA3 WEB SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE IA3 WEB SITE.
IA3 IS NOT RESPONSIBLE FOR ANY CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE THE IA3 WEB SITE. IA3 MAKES NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY SITES TO WHICH IA3 MAY PROVIDE LINKS, AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST IA3 WITH RESPECT TO SUCH SITES.
BY PERMITTING ADVERTISING ON THE IA3 WEB SITE, IA3 MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND AS TO THE ACCURACY OF THE CONTENT OR SUITABILITY OF THE SUBJECT MATTER OF ANY SUCH ADVERTISEMENT. IA3 SPECIFICALLY DISCLAIMS LIABILITY FOR DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM SUCH ADVERTISEMENTS OR PRODUCTS OR SERVICES PROCURED THROUGH SUCH ADVERTISEMENTS.
3. Limitation of Liability
IA3, ITS LICENSORS, SUPPLIERS OR ANY THIRD PARTY MENTIONED ON IA3 WEB SITE, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS OR OTHER DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE CONTENT AND/OR THE IA3 WEB SITE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS, SERVICES, DIGITAL PRODUCTS, EVENTS AND/OR CONTENT PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE IA3 WEB SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES EVEN IF IA3 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IA3 reserves the right to offer third party services and products to you based on the preferences that you identify during the registration process and based on your subsequent preferences.
IA3 also reserves the right to: (i) terminate your membership and access to any specific content, services, digital products, products courses or events, and (ii) remove your personal IA3 web site, if IA3 learns that you have provided IA3 with false or misleading registration information. IA3 Web site.
7. Modifications of the IA3 Web site
IA3 may modify or discontinue the IA3 Web site, any portion thereof, or any services, tools, digital products, products or events related thereto with or without notice to you and without liability to you or any third party, except as otherwise provided herein.
8. Use of the IA3 Web site
A. Contents of the IA3 Web site
B. Content of Messages
You alone are responsible for the content of any information, data or materials you transmit to others, and any consequences of such transmission and the content thereof. Please carefully consider the information you choose to post on the IA3 Web site, including, but not limited to, any message board or blog or any comment, profile or email. Do not continue any conversation online that makes you feel uncomfortable. You should not include your telephone number, street address or last name on any area of the IA3 Web site that is accessible to the general public nor provide such personally identifying information to people you do not know. IA3 assumes no responsibility or liability for any inaccurate, inappropriate, offensive or sexually explicit material or information, products or services you may be provided by other users of the IA3 Web site. IA3 further assumes no responsibility for the deletion of or failure to store e-mail messages.
By using the IA3 Web site, you agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of IA3. You further agree not to use an inappropriate member name of any kind.
You agree not to post or use the IA3 Web site to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.
By submitting content, which shall include your member name, to any “public area” of the IA3 Web site, including message boards, blogs, forums, contests, personal websites, public profiles, comments or chat rooms, you grant IA3 a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also warrant that, to the extent that you are not the exclusive holder of all Rights in content you submit, the holder of any Rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any user to access, display, view, store and reproduce such content that you have made public for personal use. Subject to the foregoing, the owner of such content placed on the IA3 Web site retains any and all Rights that may exist in such content.
IA3 is not obligated to review content posted by users prior to the content’s posting to any area of the IA3 Web site, including any private profile. Content posted by any user to the IA3 Web site does not reflect the opinions or views of IA3, its parent, subsidiaries or affiliates. IA3 makes no warranty, whether express or implied, as to the accuracy of any content or material that you send to other IA3 members through any IA3 service.
ANYTHING CONTAINED HEREIN TO THE CONTRARY NOTWITHSTANDING, BY SUBMITTING CONTENT TO ANY BLOG, CHATS, EXPERT AREAS, QUESTION AND ANSWER FORUMS OR ANY OTHER AREA ON THE IA3 WEB SITE, YOU HEREBY EXPRESSLY PERMIT IA3 TO IDENTIFY YOU AS THE CONTRIBUTOR OF SUCH CONTENT IN ANY PUBLICATION IN ANY FORM, MEDIA OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED IN CONNECTION WITH THE CONTENT, UNLESS YOU OTHERWISE NOTIFY IA3 IN WRITING AT THE TIME YOU SUBMIT THE CONTENT THAT YOU DO NOT WISH TO BE IDENTIFIED.
C. Non Commercial Use
You may never use another’s account without permission. If you become aware of any misuse of the IA3 Web site by any person, please contact IA3.
9. Member Disputes
You are solely responsible for any interaction with other members or visitors of the IA3 Web site. IA3 reserves the right but shall have no obligation to monitor disputes between you and any other member of the IA3 Web site.
10. Intrastate Nature of Communications
11. Third Party Services
You may order services or merchandise through the IA3 Web site from other persons not affiliated with IA3 (“Seller”). All matters concerning the merchandise and services desired from Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and Seller. IA3 makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider IA3 nor will IA3 be construed as a party to such transactions, whether or not IA3 may have received some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction.
IA3 may include special routing icons which may be located within the IA3 Web site, the activation of which will allow you to access and learn more about IA3 and other services provided by IA3 whereby the use of such icons is free of additional charge to you. WHEN YOU ACCESS ANY OF THESE SERVICES, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THESE SERVICES.
12. Registration and Password
IA3 has several tools (and may in the future have additional tools) that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your IA3passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your IA3 account and password; (3) promptly inform IA3 of any need to deactivate a password. IA3 cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using IA3 tools and services.
13. Claims of Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by the IA3 Web site infringe your copyright, you (or your agent) may send IA3 a notice requesting that the material be removed or access to it blocked. The notice must include the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow IA3 to locate the material on the IA3 Web site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send IA3 a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to this website should be sent to IA3 at 150 West End Avenue, #23H, New York, NY 10023. IA3 suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
14. Promotional Messages
IA3 and/or third parties may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. IA3 makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that neither IA3 nor such third party shall have any liability with respect thereto.
16. Applicable Law
IA3 reserves the right to terminate free access to the IA3 Web site including any or all content, services, digital products, products, events, courses or tools with or without notice to you. IA3 reserves the right (at IA3’s discretion) to provide you with notice of such change by prominently posting a notice on the IA3 Web site and/or sending written notice to you at any e-mail and/or post office address you have provided to IA3. Once free access is terminated IA3 may charge each subscriber any applicable fee, surcharge and/or membership fee for access to the IA3 Web site and/or any for-pay content, services, digital products, products, events, tools or products.
19. Complete Agreement
Thank you for your cooperation. We hope you find the IA3 Web site helpful and convenient to use! Questions or comments regarding this website, including any reports of non-functioning links, should be submitted using our Contact/Feedback Form or via U.S. mail to:150 West End Avenue, #23H, New York, NY 10023.
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