1. Acceptance of Terms of Use. Industry Who's Who (and/or its affiliates) provides its on-line services and Web Site to its member subscriber(s) (hereinafter 'the User(s)'), subject to this Terms of Service Agreement (hereinafter the ''TOS''). Industry Who's Who reserves the right to alter the TOS at any time without notice to User. By using the Industry Who's Who's information, web site located at the URL Industryglobalwhoswho.com, registries, and/or data bases, User agrees to abide by this TOS Agreement.
2. On-line Services and Disclaimer of Warranty. Industry Who's Who provides resources to its members including but not limited a North American networking forum, where they have the potential to establish new client and business relationships, as well as achieve career advancement within their company, industry or profession. Industry Who's Who's goal is to deliver to its members recognition, support and credibility and assist them to gain the competitive edge needed to succeed. Their extensive membership base highlights executives and professionals in virtually every profession and industry.
Industry Who's Who currently limits itself to 10,000 new memberships annually. However, it reserves the right to change the number of new memberships at any time, without any notice to the User.
Member subscribers are not nominated to Industry Who's Who.
Rather, Industry Who's Who selects potential members through renting executive and professional listings that are on the market. Further, it selects multiple industries and professions each year that it chooses to highlight and publish.
Industry Who's Who welcomes almost every industry and profession from lower to upper management of executives and professionals. The purpose of the registry is to give both aspiring lower level executives and professionals the opportunity to network and potentially advance their career, while simultaneously potentially giving upper level executives the recognition they deserve.
Any new services, resources or informational content added to the web site, registries and data bases shall fall under the terms of this TOS Agreement. The on-line resources, informational content, and software on the web site, data base, and registries is provided ''AS IS'', AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OF ANY COMPUTER PROGRAM OR SOFTWARE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION, OR NON-INFRINGEMENT. Industry Who's Who assumes no responsibility for any data loss or other loss suffered by any User of Industry Who's Who 's web site, data bases or registries. User is fully responsible for maintaining its computer equipment and Internet access to use the Industry Who's Who web sites, registries and data bases.
Industry Who's Who does not charge a fee for a basic listing in its on-line registry. The basic listing consists of a User's name and address only. It will be published only in the online version of the registry and will not be published in the CD Rom and hard cover versions.
3. Registration. Certain areas of the Industry Who's Who web sites, registries and data bases are provided solely to registered Users. Any User registering for such services agrees to provide true and accurate information during the registration process. Industry Who's Who reserves the right to terminate the access of such Users should Industry Who's Who know, or have reasonable grounds to suspect, that a User has entered false or misleading information during the registration process. Industry Who's Who reserves the right to require valid credit card information. Industry Who's Who maintains strict on-line Privacy Policy.
4. User account. Users will assigned a username and password upon completing the registration process. User may modify or change such username and password upon logging on to Industry Who's Who websites, data bases or registries. However, Users are fully responsible for maintaining the confidentiality of their username and password. User agrees to immediately notify info@IndustryGlobalWhosWho should User know, or have reasonable grounds to suspect, that the username and password have been compromised. Industry Who's Who shall not be responsible for User's failure to abide by this Paragraph.
5. Informational content supplied by Users. User understands that all information, computer files, software, graphics, sound files, and text, whether publicly displayed by User on the Industry Who's Who web site, registries, data bases or privately transmitted through the Industry Who's Who web site, are the responsibility of the User from which such informational content has originated. User is fully responsible for any and all informational content that user uploads, posts, e-mails, or transmits using the Industry Who's Who web site. Industry Who's Who does not and cannot control the informational content Users transmit through the Industry Who's Who web site, registries and data bases. Under no circumstances shall Industry Who's Who be held liable for User's exposure to informational content that User deems offensive, indecent or objectionable. Under no circumstances shall Industry Who's Who be held liable for any errors or omissions in any informational content transmitted by Users.
6. User conduct. Use of the Industry Who's Who site is subject to applicable local, state, federal and International law. Users agree not to use the Industry Who's Who web sites, data bases or registries or any of the Content for any illegal purpose, or to transmit to or through the Industry Who's Who site any illegal, harmful, threatening, defamatory, obscene, hateful or other objectionable material of any kind, or to interfere with, abuse or otherwise violate the legal rights of any third party using the Industry Who's Who site (including by use of any merchandise or services offered on or in connection with the site). Accordingly, User agrees to not use the Industry Who's Who web sites, registries, data bases and information to:
Industry Who's Who reserves the right to inspect, edit and delete any content that Industry Who's Who knows, or has reason to know, has violated this TOS Agreement. Industry Who's Who reserves the right to immediately, and without notice, terminate the account of any User found to have violated the provisions of this TOS Agreement. Industry Who's Who may disclose any informational content Users post, upload or transmit to the Industry Who's Who web sites, if such disclosure is necessary to enforce this TOS Agreement, to respond to claims of intellectual property infringement, to comply with legal process, or to protect the rights of Industry Who's Who , the public, or other Users.
7. Content submitted by Users. Industry Who's Who does not claim ownership of any informational content submitted by Users to the Industry Who's Who web sites, registries and data bases. User grants Industry Who's Who a non-exclusive, royalty free license to use, distribute, reproduce, modify, and publicly display any informational content submitted to its web sites, registries and data bases. This license exists only so long as User allows its content to remain on the Industry Who's Who web sites, registries and data bases and will terminate in the event that User removes such content.
8. Indemnity. Users agree to indemnify and hold Industry Who's Who , and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content Users submit, post, transmit or make available through the Service, their use of the Service, their connection to the Service, their violation of the TOS, or their violation of any rights of another.
9. No resale. Industry Who's Who grants permission to User to access and view the Industry Who's Who site and to electronically copy and print in hard copy, portions of the Industry Who's Who site for the sole purpose of submitting an order. Any other use of the Industry Who's Who sites, data bases or registries, or the Contents thereof, without written permission of the applicable rights holder is strictly prohibited, including without limitation and modification, re-publication, deletion, transmission, public performance, distribution, proxy caching, uploading, posting, reproduction for purposes other than those noted above, or other exploitation of this site or the Content, in whole or other than those noted above, or other exploitation of this site or the Content, in whole or in part. Without limiting the foregoing, the unauthorized use of the Content is illegal and could subject User to criminal prosecution a well as personal liability for damages in a civil suit. Accordingly,Users agree not to reproduce, copy, duplicate, distribute or sell any portion of the Industry Who's Who web sites, registries or data bases for purposes other than the purposes set forth herein.
10. Limits and modifications. Industry Who's Who may establish without notice limits on the use of its web sites, data bases, and registries, including the maximum number of times Users may access the Industry Who's Who web sites. It reserves the right to modify any and all portions of its web sites, registries and data bases without notice. Under no circumstances shall Industry Who's Who be liable to Users or any other party for such limits or modifications.
11. Termination of User account. Industry Who's Who may, at its sole discretion, terminate the User's account for any reason. Under no circumstances shall Industry Who's Who be liable to User or any other party for such termination of User's account.
12. Third Party Advertisers. Industry Who's Who may allow third party advertisers to advertise on the Industry Who's Who web sites, registries, or data bases. Industry Who's Who takes no responsibility for User's dealings with, including any on-line or other purchases from, any third party advertisers. Industry Who's Who shall not be liable for any loss or damage incurred by User in its dealings with third party advertisers.
13. Hyperlink policy. The Industry Who's Who web sites, registries and data bases may contain hyperlinks to other Internet sites not under the editorial control of Industry Who's Who . These hyperlinks are not express or implied endorsements or approvals by Industry Who's Who , of any products, services or information available from these sites. Further, Industry Who's Who is not associated or affiliated with any of the highlighted charities featured on its websites, registries and databases. Thus, any and all charitable donations are to be made directly to these charities. Industry Who's Who will not accept any monies on behalf of these charities. While the charities supported and featured by Industry Who's Who are some of the nation's most trusted and respected charities, Industry Who's Who cannot vouch for how donations to the charities are distributed and allocated by each of the charities respectively.
14. Industry Who's Who 's Intellectual Property Rights. User agrees not to distribute, license, or create derivative works from any of Industry Who's Who 's copyrighted or trademarked material, including graphic files and software, available on the Industry Who's Who web sites, registries and data bases.
Furthermore, Industry Who's Who web sites, registries and data bases contains or may contain information, text, photographs, designs, graphics, images, sound and video recordings, animation and other materials and effects (including logos) that are protected by copyrights, trademarks, service marks, trade dress or other intellectual or proprietary rights owned by Industry Who's Who or other third parties (the "Content"). User acknowledges and agrees that these rights belong to their respective owners and are protected in all forms, media and technologies existing now or hereinafter developed.
15. No warranties. THE INFORMATION PROVIDED ON INDUSTRY WHO'S WHO WEB SITES, REGISTRIES AND DATA BASES IS PROVIDED ''AS IS'' AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OF ANY COMPUTER PROGRAM OR SOFTWARE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION, OR NON-INFRINGEMENT.
16. Limitation of liability. INDUSTRY WHO'S WHO'S MAXIMUM LIABILITY FOR ANY INACCURATE INFORMATION OR SOFTWARE AND THE USER'S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE MEMBERSHIP FEES PAID BY THE USER. INDUSTRY WHO'S WHO IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, LOSS OF BUSINESS, LOSS OF PROFITS OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF THIS PARAGRAPH MAY NOT APPLY TO USER.
17. Notice. Notices may be posted to the Industry Who's Who web sites or e-mailed to Users using the e-mail address Users submitted during the registration process.
18. General. This TOS Agreement constitutes the entire agreement between the User and Industry Who's Who and governs the User's use of the Industry Who's Who web sites, registries and data bases. This TOS Agreement shall be governed by the laws of the State of Florida. User agrees to submit to the personal and exclusive jurisdiction of the courts located within the county of Broward County, Florida. The failure of Industry Who's Who to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of this TOS Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS Agreement remain in full force and effect. Any claim arising under the terms of this TOS Agreement must be brought within one (1) year after such claim or cause of action arose or be forever barred.
19. Violations. Please report any known or suspected violations of the Terms of Use, including any suspected copyright or trademark violations, to info@industryglobalwhoswho.com.
20. Affiliation Disclaimer. Industry Who's Who is not associated or affiliated with, or sponsored or endorsed by any other Who's Who organization, association or publication.
21. Special Legal Considerations. User must possess the legal right and ability to use Industry Who's Who web sites, registries and data bases. Without limiting the any of the foregoing, User agrees to be financially responsible for any purchase(s) User places on or in connection with the Industry Who's Who site. User agrees to comply with all applicable laws, rules and regulations concerning User's access to and/or use of such portion(s) of the Industry Who's Who and/or the Content, including any internal rules regarding User's access to and/or use of the site (e.g. any applicable rules and or policies of User's employer or Internet Service Provider). Not withstanding any other provision of these terms to the contrary, Industry Who's Who reserves the right to cooperate with local, state and federal officials in any investigation relating to any purported illegal activity(ies) and, when required by law, regulation, legal process or government requests, to disclose any personal information furnished by you or collected by Industry Who's Who to law enforcement authorities or other third parties.
INDUSTRY WHO'S WHO RESERVES THE RIGHT TO CHANGE THE FOREGOING TERMS AT ANY TIME BY POSTING CHANGES ONLINE. USERS ARE RESPONSIBLE FOR REVIEWING INFORMATION POSTED ONLINE TO OBTAIN TIMELY NOTICE OF SUCH CHANGES. USERS' CONTINUED VISITS, USE OF THE SERVICES AND/OR PURCHASE OF MERCHANDISE THROUGH THE INDUSTRY WHO'S WHO SITE, CONSTITUTES THEIR ACCEPTANCE OF THESE TERMS, AS MODIFIED BY ANY POSTED CHANGES.
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