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PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS AS THEY GOVERN YOUR (IDENTIFEID HEREIN AS “You” or the “Authorized User”) ACCESS TO AND USE OF THE IACVA WEB SITE AND ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE THROUGH THE IACVA WEB SITE OR USED IN CONNECTION THEREWITH (collectively, the or "IACVA Web site”) PROVIDED BY THE INTERNATIONAL ASSOCIATION OF CONSUNTANTS, VALUATORS AND ANALYSTS (IDENTIFIED HEREIN AS “We” or “IACVA”). IACVA IS WILLING TO LICENSE THE USE OF THIS IACVA WEB SITE TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED BELOW. IF YOU DO NOT AGREE, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE IACVA WEB SITE AND ARE INSTRUCTED TO EXIT IMMEDIATELY.
These terms and conditions and your right to use the IACVA Web site will take effect at the moment you click "I ACCEPT" or you install, access, or use the IACVA Web site and are effective until terminated as set forth below. These terms and conditions will terminate automatically if you click "I REJECT". In addition, IACVA reserves the right upon any reasonable belief of actions or omissions that violate any of these terms and conditions to terminate these terms and conditions. You may also terminate these terms and conditions at any time by ceasing to use the IACVA Web site, but all applicable provisions of these terms and conditions will survive termination, as identified below. Upon termination, you must destroy all copies of any aspect of the IACVA Web site in your possession. The provisions concerning IACVA's Copyright Notice & Proprietary Rights, feedback, Disclaimers & Limitations of Liability, Jurisdiction and Venue, and Miscellaneous will survive the termination of these terms and conditions for any reason.
Copyright Notice & Proprietary Rights
IACVA grants to you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use for personal or internal business purposes only the IACVA Web site conditioned on your continued compliance with these terms and conditions. You may print materials from the IACVA Web site solely for your personal or internal business use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. Notwithstanding the foregoing, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the IACVA Web site.
IACVA welcomes your feedback and suggestions about IACVA's products or services or with respect to how to improve the IACVA Web site. By transmitting any suggestions, information, material, or other content (collectively, “feedback”) to IACVA through the IACVA Web site, you represent and warrant that such feedback does not infringe or violate the intellectual property or proprietary rights of any third party and that you have all rights necessary to convey to IACVA and enable IACVA to use such feedback. In addition, any feedback received through the IACVA Web site will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for IACVA to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary.
© Copyright 2013, The International Association of Consultants, Valuators and Analysts. All rights reserved. IACVA also owns a copyright in the contents of the IACVA Web site as collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the IACVA Web site. Each individual document printed from the IACVA Web site may contain other proprietary notices and copyright information applicable to that individual document.
IACVA transfers no ownership or intellectual property interest or title in and to the IACVA Web site to you or anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, databases, directories, products, information, materials, and documentation as well as the design, structure, selection, coordination, expression, "look and feel," and arrangement of any content contained on or available through the IACVA Web site, including the with respect to the domain (and all sub-domains) IACVA.org, learningcircuits.org, and learningcircuits.com, unless otherwise indicated, are owned, controlled, and licensed by IACVA or its licensors. IACVA reserves all rights not expressly granted herein. The International Association of Consultants, Valuators and Analysts, IACVA, the IACVA logo, and all other names, logos, and icons identifying IACVA and its programs, products, and services are proprietary trademarks of IACVA, and any use of such marks, including, without limitation, as domain names or account identifiers, without the express written permission of IACVA is strictly prohibited. Other product and company names mentioned herein may be the trademarks and/or service marks of their respective owners.
By downloading, accessing, or using the IACVA Web site in order to view our information and materials or submit information of any kind, you represent that you are at least the legal age of majority and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on the IACVA Web site, including, without limitation, when you provide information via a IACVA Web site registration or submission form. With respect to any contributed content or materials that you may provide to or through the IACVA Web site (a "Contribution"), you acknowledge and agree that you are solely responsible for rights clearance and accuracy, and you hereby represent and warrant that you own all rights, title, and interest in the Contribution or have the full right, power and authority to grant the rights granted herein, free and clear of any claims or violations of any other agreement. By submitting a Contribution to a Forum (as defined below) or other portion of the IACVA Web site or by otherwise using the IACVA Web site to transmit or display a Contribution, you automatically grant IACVA a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, publish, translate, create derivative works from, distribute, transmit, perform, and display such content or information (in whole or in part) worldwide and/or to incorporate into 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 or information. Notwithstanding this right and license, it is understood that by merely permitting your information, content, and materials to appear on the IACVA Web site IACVA has not become and is not a publisher of such information, content, and materials and is merely functioning as an intermediary to enable you to provide and display a Contribution. IACVA assumes no responsibility for the deletion of or failure to store any Contribution and recommends that you do not post, display, or transmit any confidential or sensitive information. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the IACVA Web site. You also acknowledge and agree that IACVA is not responsible for the security of any information transmitted to or from the IACVA Web site.
IACVA Web site Privacy Statement
The IACVA Web site may contain blogs, message boards, comment areas, questionnaires, chat rooms, and other interactive features where you may be able to post or share information. To the extent that the IACVA Web site contains such communication forums (collectively, “Forums”), you agree that by using the IACVA Web site you will not post or transmit any of the following materials on the IACVA Web site’s Forums:
• anything that interferes with or disrupts the IACVA Web site or the operation thereof,
• statements or material that defames, harasses, abuses, stalks, threatens, intimidates, or in any way infringes on the rights of others,
• unauthorized copyrighted materials or any other material that infringes on the intellectual property rights, trade secrets, or privacy of others,
• statements or material that violates other contractual or fiduciary rights, duties, or agreements,
• statements or material that is bigoted, hateful, or racially offensive,
• statements or material that encourages criminal conduct or that would give rise to civil liability or otherwise violates any law or regulation in any jurisdiction,
• statements or material that constitutes anti-competitive collaboration and/or antitrust violations,
• statements or material that contains vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person,
• statements or material that harms minors,
• statements or material that impersonates any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of IACVA,
• statements or material that misrepresents your affiliation with any entity and/or IACVA,
• anything that violates the privacy or publicity rights of any other person, including, without limitation, posting any personal identifying information of another individual,
• chain letters or pyramid schemes,
• statements or material that constitutes junk mail, spam, or unauthorized advertising or promotional materials,
• statements or material that are “off-topic” for a designated Forum, and
• files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network, or the IACVA Web site.
IACVA is not responsible for screening, policing, editing, or monitoring your or another user’s Contributions and encourages you to use reasonable discretion and caution in evaluating or reviewing any Contribution. Moreover, and except as provided below with respect to IACVA's right and ability to delete or remove a Contribution (or any part thereof), IACVA does not endorse, oppose, or edit any opinion or information provided by you or another user and does not make any representation with respect to, nor does it endorse the accuracy, completeness, timeliness, or reliability of any advice, opinion, statement, or other material displayed, uploaded, or distributed by you or any other user. Nevertheless, IACVA reserves the right to delete or take other action with respect to Contributions (or parts thereof) that IACVA believes in good faith violate these terms and/or are, or are potentially, unlawful or harmful to IACVA or its products, services, and goodwill. Moreover, it is a policy of IACVA to take appropriate actions under the Digital Millennium Copyright Act under U.S. Copyright Law and other applicable intellectual property laws.
DESIGNATED AGENT FOR NOTIFICATION OF CLAIMS OF INFRINGEMENT
It is IACVA's policy to respond to a notice of alleged infringement that complies with U.S. Copyright Law, and in particular, the Digital Millennium Copyright Act. Responses may include removing or disabling access to content or material claimed to be the subject of infringing activity and/or terminating your right to access and use the IACVA Web site (or portal) or IACVA materials. But, entities or persons submitting complaints also acknowledge that they may be liable for damages, including attorneys' fees and costs, if they materially misrepresent that a work or activity is infringing rights. If IACVA removes or disables content or terminates or suspends access to or use of the IACVA Web site (or portal) or IACVA materials, IACVA will make a good-faith attempt (as warranted) to contact the person who contributed the content so that they may make counter notification pursuant to applicable law(s). It is IACVA's policy to document all notices of alleged infringement upon which IACVA decides to take action. As with all legal notices, a copy of the notice may be sent to one or more third parties who may make such notice publicly available. If you believe that one or more of your works have been copied or used by IACVA in a way that constitutes copyright infringement, please provide a written notice of your claim of copyright infringement that is directed to IACVA's designated agent as specified below along with the following information:
• A signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
• A description, in reasonable detail (including any applicable URL address), of the copyrighted work that you claim has been infringed;
• A description, in reasonable detail, of where the material that you claim is infringing is located on IACVA's Site or within a page, portal, or network within IACVA's control;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement by you, made under penalty of perjury, that the above information in your written notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
• Designated Agent: Headquarters: 707 Eglinton Avenue West, Suite 501, Toronto, Ontario M5N 1C8, Canada., Attn: President & CEO ((Phone): +1 206-623-3200) and with a copy to Administration office: 1411 Fourth Avenue, Suite 410, Seattle, WA 98101 USA, Telephone: +1 206-623-3200, Fax: +1 - 206-623-3222
Disclaimers & Limitations of Liability
You access the IACVA Web site on your own volition and are responsible for compliance with all applicable local laws with respect to your access and use of the IACVA Web site.
All of IACVA´s products available for sale through the IACVA Web site are guaranteed against defects for 30 days from the date of the invoice. Except as expressly stated herein, IACVA makes no representations or warranties, either express or implied, of any kind with respect to products sold on the IACVA sites, INCLUDING ANY warranties OF merchantability OR fitness for a particular purpose. You agree that the sole and exclusive maximum liability to IACVA arising from any product sold on the IACVA sites shall be the price of the product ordered. In no event shall IACVA, its directors, officers, employees, or other representatives be liable for special, indirect, consequential, or punitive damages related to the product(s) sold.
AS FOR THE IACVA WEB SITE, THE INFORMATION, SERVICES, TOOLS, CHAT AND THREADED DISCUSSION SYSTEMS, SOFTWARE, CONTENT, PROGRAMS, AND MATERIALS AVAILABLE ON OR THROUGH THE IACVA WEB SITE ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. IACVA EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE.
MOREOVER, IN NO EVENT SHALL IACVA BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE IACVA WEB SITE, WITH THE DELAY OR INABILITY TO USE THE IACVA WEB SITE, OR FOR ANY INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS AVAILABLE THROUGH THE IACVA WEB SITE. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF IACVA FOR ANY REASON WHATSOEVER RELATED TO USE OF THE IACVA WEB SITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO IACVA IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE DURING THE PRIOR THREE MONTHS.
Jurisdiction and Venue
These terms and conditions have been made in and will be construed and enforced solely in accordance with the laws of Seattle, WA, U.S.A. as applied to agreements entered into and completely performed in Seattle, WA. You and IACVA each agree to submit to exclusive subject matter jurisdiction, personal jurisdiction and venue of the state of federal courts in Seattle, WA, U.S.A. Any claim you might have against IACVA must be brought within two (2) years after the cause of action arises, or such claim or cause of action is barred. In addition, you agree to waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to these terms and conditions and that each party has the right to seek attorneys' fees in any proceeding. You also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to these terms and conditions and is hereby disclaimed.
IACVA reserves the right to view, monitor, and record activity on the IACVA Web site without notice or permission from you, including, without limitation, by archiving notices or communications sent by you through the IACVA Web site. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the IACVA Web site as well as to disclosures required by or under applicable law or related government agency actions. IACVA will also comply with all court orders involving requests for such information.
IACVA Website Privacy Statement
IACVA respects the privacy of its members and visitors to the IACVA Web site. Any and all information collected while on the IACVA Web site is used solely for the purposes as set forth in this privacy statement. IACVA's Web server automatically recognizes only the visitor's domain name and IP address, and will only recognize additional information if that information has been provided to IACVA by the member or visitor. All personal information collected through the Web site is provided on a voluntary basis by IACVA Web site visitors through a visible means of data entry or collection.
Information about members collected through the Membership Application will be stored in the general IACVA membership database. IACVA may use email or postal addresses for notifying members and customers about upcoming online events, new additions to the IACVA Web site, or other products and services offered by IACVA. Member contact information is also made available through the IACVA Membership Directory, a searchable database of members on IACVA's Web site made available only to members of IACVA. If you are a member of IACVA and do not wish to be included in the database, please send an email to Memberservices@IACVA.org indicating that you do not want to be in the Membership Directory.
IACVA does make our membership and conference attendee list available to other reputable organizations whose products or services we think you might find interesting. If you do not want to receive any mail (electronic or otherwise) from any organization to which IACVA sells its membership mailing list, please let us know by emailing us at Memberservices@IACVA.org.
If you provide your telephone or fax number on the Web site, IACVA may contact you via telephone or fax. Therefore, it is important that you provide us with your correct phone number to serve you more promptly. If you do not wish to receive further phone calls from IACVA, please contact Memberservices@IACVA.org. IACVA will use the aggregate data we collect to perform statistical analysis of the collective characteristics and behavior of our members and visitors, to measure overall customer demographics, and to analyze how and where to use our resources. We may also use the aggregate data collected to inform our advertisers and sponsors with an aggregate customer profile of who is visiting the Web site and the number of customers who have seen and "clicked" on their advertisements.
In our chat rooms and threaded discussions, we do collect all logins and dialogue. Dialogue in chat sessions may be archived for later retrieval by any IACVA Web site visitor. Personal information, personal references, and obvious grammatical errors will be removed from the chat transcripts before they are archived. Otherwise, IACVA does not edit any dialogue provided through chat or threaded discussion participation.
IACVA, however, cannot control the acts of its members or visitors who use the Member Directory, chat feature, or other interactive areas of the site. If personal information, such as name, email addresses, mailing addresses, and phone numbers, are provided through these modules, they may be used by other parties outside of IACVA for unsolicited e-mail or other contact. If you feel that IACVA has violated this Privacy Statement in any way, please contact us atCustomerCare@IACVA.org so that we may address the issue.