Last Modified: February 2019
Welcome to the online services operated by the International Safety and Security Association (“INSSA,” “we,” or “us”). INSSA operates through Ning, Interactive Inc. (referred to as “Ning”) and Ning’s relevant policies, including without limitation Ning’s Terms of Service, available at https://www.ning.com/termsofservice. Ning is an online service provider that provides a set of services and technology applications that enable users to create their own networks utilizing Ning’s platform. This Terms of Use Agreement incorporates by reference and is subject to Ning’s Terms of Service (collectively, the “Agreement”) constitutes a binding agreement between you (“End User” or “you” either as an individual or a legal entity) and INSSA (you and INSSA may be referred to in this Agreement collectively as the “Parties”). This Agreement governs your use of any service provided by us including, without limitation, the information and services we supply through our website www.inssa.org (including all member webpages requiring registration, and all related information provided in connection therewith, the “Services”). For purposes of this Terms of Use Agreement, the services we provide under the Site, including additional services you may procure from us through the Site are referred to as “Services”.
Please read this Agreement carefully before accessing, using or registering for the Services. BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT. If you do not wish to be bound by this Agreement, stop accessing or using the Services.
Notice Regarding Dispute Resolution: This Agreement contains provisions that govern how claims between you and us are resolved (see Section 22 below), including an agreement and obligation to arbitrate disputes, which will, subject to limited exceptions, require you to submit claims you have against us to binding arbitration, unless you opt-out in accordance with Section 22. Unless you opt-out of arbitration: (a) you will only be permitted to pursue claims against us on an individual basis, not as part of any class or representative action or proceeding and (b) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
1 Affirmative Representations Regarding Your Use of the Service.
WHEN YOU USE THE SERVICES, YOU REPRESENT AND WARRANT TO INSSATHAT (A) YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) YOU ARE AT LEAST 18 YEARS OF AGE; (C) YOU ARE OF SUFFICIENT LEGAL AGE OR OTHERWISE HAVE LEGAL CAPACITY TO LEGALLY ENTER INTO THIS AGREEMENT ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT. ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY INSSA.
2 Agreement Updates.
We may modify this Agreement from time to time. We will notify you of material changes to this Agreement by posting the applicable changes on the Services. Please return to this page periodically to ensure familiarity with the most current version of this Agreement. In addition, for users who have registered to use the Services and provided their email address to us, we will send notice of any material changes to this Agreement by email, and so it is important that you keep your email address with us current. Your continued access or use of the Services following changes to this Agreement will constitute acceptance of the amendments and changes. If you do not agree to any of the terms of this Agreement or any future Terms of Use Agreement provided by INSSA, do not use, access, or continue to access the Service. If you continue using the Service after the new terms take effect, you will be bound by the modified Terms of Use Agreement.
You understand that we are always working on our Services, which means our Services may change over time. We may modify, suspend or discontinue any part of the Services, or introduce new features or restrictions on the part or all of the Services. We also reserve the right to remove any Content (defined below), features, or pages for any reason, in our sole discretion, and without notice to you. You agree that we are not liable to you or any third party for any modification, suspension or discontinuance of the Services or any part thereof.
3 Privacy Policy.
In connection with your use of the Services, please review our Privacy Policy, located at https://inssa.org/site-privacy-settings, to understand how we use information we collect from you when you access, visit, or use the Services or procure Services. The Privacy Policy is part of and is governed by this Agreement.
4 Account.
In order to use the Services for which a membership is required, you will need to access your account with INSSA (“Account”). Once you activate your Account and remit membership dues, if any, your Account will allow you to receive the member Services we provide. Your Account is for your individual, personal, professional, and non-commercial use only, and you may not authorize others to use your Account for any purpose. By creating your Account, you agree:
- All information you provide is complete and accurate;
- To update your information when required or requested;
- Not to use another person's account without their permission;
- To be responsible for maintaining the confidentiality of, and restricting access to, your Account and the associated password;
- To accept sole responsibility for all activities that occur under your Account or password;
- To notify us immediately at info@inssa.org of any breach of security or unauthorized use of your Account or any violation of this Agreement by others of which you are aware;
- Your Account is for individual, personal and professional use only;
- Your use and access of the Services will not violate any applicable laws or regulations, such as embargoes or export control laws and regulations; and,
- You will not use as a username the name of another person or entity that you do not have the right to use, or the name of a person or entity with the intent to impersonate that person or entity.
INSSA is not liable for any loss or damage arising or resulting from your failure to comply with the above requirements. In addition, failure to meet any of the eligibility requirements listed above constitutes a breach of this Agreement, which may result in immediate termination of your Account on our Services. You are responsible for maintaining the confidentiality of, and restricting access to, your Account and the associated password, and you agree to accept sole responsibility for all activities that occur under your Account or password. You agree to notify us immediately at info@inssa.org of any breach of security or unauthorized use of your Account or any violation of this Agreement by others of which you are aware.
5 Payment Methods.
5.1 Member Fees and Dues.
5.1.1 You are responsible for the payment of all applicable fees or dues incurred by your use of the Service (“Member Fees”), if any. For any paid Services available through the Site, you will need to process payment through the “Payment” page on the Site. When you incur Member Fees, you authorize INSSA to deduct from your Account the charges incurred. INSSA will advise you when an additional deposit will be required to maintain your membership.
5.1.2 We reserve the right to refuse or cancel your membership at any time for certain reasons including but not limited to: limited product or service availability; if we suspect you are purchasing products for resale without written permission from us; errors in the description or price of the product or service; or if fraud or an unauthorized or illegal transaction is suspected. Furthermore, we reserve the right to collect any rejection or insufficient funds fee and to process any such payment by the payment method you have submitted to us. Your charges may be payable in advance, in arrears, or as otherwise described when you initially selected to use the paid Services.
5.2 Payment Methods; Donations.
5.2.1 You are responsible for notifying us if your payment method for your donation or deposit has changed. If you do not provide a valid payment method, or if the designated payment method is inactive or inaccessible for any reason, we may immediately discontinue providing any paid member Services to you.
5.2.2 You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Member Fees, purchases, or donations; and that (ii) the information you supply to us is true, correct and complete.
5.2.3 By providing a payment information, you authorize INSSA to charge your Account for any Member Fees, purchases or donations made by you and you grant us the right to use or provide the information to third parties for purposes of facilitating the completion of purchases or donations or providing our Services to you.
5.2.4 We may terminate your use of the Service if you initiate any reversal or “chargeback” of any deposit paid in accordance with this Agreement. You will reimburse us for any costs incurred in responding to such chargeback, including, without limitation, our actual costs paid to the credit or debit card company, including chargeback fees, and the value of the time we spend on the matter as determined in our discretion.
5.3 Cancellation and Refunds.
If you terminate your Account in accordance with Section 17 below, then we will refund to you any remaining balance on your Account, if any. Such refund will be made in the form of a check or credit to your credit or debit card, depending on the primary payment method used on your Account.
5.4 Modifications.
INSSA reserves the right, at any time, to change its Member Fees, donations, and/or accepted methods of payment. We will notify you of such changes by email or upon logging into to the Services.
By continuing to use the Service after the Member Fee, if any, changes, you accept the new Member Fees.
6 Service Requirements.
In order to access or obtain the Services, you will need telecommunications access to a personal computer owned or otherwise controlled by you, connected to the internet, and compatible with the Services (each a “Device”). You will also be responsible, at your expense, for all telecommunications access and telephone services required to obtain Services and all related third-party service fees (including Internet Service Provider (“ISP”) charges). Certain messaging, service, and other fees and charges may be applied by your carrier. Please check with your carrier to ensure that you are aware of any applicable fees and charges relating to your particular service plan.
Furthermore, you acknowledge that the availability of our Services is dependent on your ISP, your mobile device operator or carrier (“Mobile Carrier”), and your computer, mobile device, home wiring, Wi-Fi, Bluetooth connection or other relevant equipment. You are responsible for ensuring you comply with your ISP’s and Mobile Carrier’s applicable terms and agreements, including any data and usage terms.
7 INSSA is not responsible for any expenses incurred by you while accessing or using the Services. Your access and use of the Services is intended to be non-time-critical. Our Services may experience interruptions or issues for various reasons, including a poor Wi-Fi connection or your mobile carrier’s data and usage plan. We cannot and do not guarantee that you will receive timely or accurate notifications through our Services, to the extent you enable such features, nor that we will maintain and store your data. You are solely responsible for maintaining and storing any backups of video or audio recordings or photographs outside of the Services to avoid any loss of such data.
8 NSSA Proprietary Rights; License Grant.
8.1 Reservation of Rights.
You acknowledge and agree that the Services are provided under license and are not sold to you. You do not acquire any ownership interest in the Services, including the information you derive therefrom, under this Agreement or any other rights other than to use or obtain the Services in accordance with the license granted and subject to all terms, conditions, and restrictions under this Agreement. INSSA and its licensors and service providers reserve and retain exclusive ownership of—and all right, title, and interest in and to—the Services and all content and materials provided in connection with the Services, and all related intellectual property rights, whether registered or not, subject only to the limited license granted to you in Section 8.2. INSSA respects others’ intellectual property rights and reserves the right to delete or disable Content alleged to be infringing the U.S. Digital Millennium Copyright Act (“DMCA”) or any other applicable copyright law and to suspend or terminate the accounts of alleged infringers. If you believe someone is infringing on your or another’s copyrights, please contact us immediately.
8.2 Grant of License.
Subject to your full compliance with this Agreement and INSSA’s Privacy Policy, we hereby grant you a limited, non-exclusive, revocable, personal, and non-transferable license to:
8.2.1 Access and use the Services for your personal use on any Device; and
8.2.2 Access and obtain the Services made available in or otherwise accessible through the Services on a Device, strictly in accordance with this Agreement.
8.3 License Restrictions; Prohibited Content.
Your failure to abide by the license restrictions below may result in the termination or suspension of your use or access to our Services, in our sole discretion, for any reason, at any time, and without notice. We have the sole right to determine whether you are in breach of any terms contained in this Agreement. You agree that you will not in connection with your use of the Services provided thereunder:
8.3.1 Violate any laws, regulations, guidelines or ordinances, including export control laws, or any other laws referenced in this Agreement;
8.3.2 Decompile, reverse engineer, disassemble, decode, attempt to access the source code, or sublicense any portion of the Services;
8.3.3 Modify, translate, adapt, or create improvements or derivative works of the Services;
8.3.4 Compromise the security of your Account or any other Account on the Services, such as attempting to obtain the password, Account or other security information from any other person on our Services;
8.3.5 Compromise the security of your Account or any other Account on the Services;
8.3.6 Alter, obscure, remove, or delete any trademarks or any trademark, copyright, patent, or other intellectual property or proprietary rights notices from the Services;
8.3.7 Rent, lease, lend, sell, license or sublicense, assign, distribute, publish, transfer, or otherwise make available the Services or any features or functionality of the Services, to any third party for any reason, including by making the Services available on a network where it is capable of being accessed by more than one device at any time;
8.3.8 Republish, reproduce, repurpose, download, or otherwise use any content from the Services except as otherwise intended;
8.3.9 Employ misleading email addresses or mobile numbers or falsify information in any part of any communication related to the Service;
8.3.10 Engage in any activity which may compromise the stability or availability of the Services;
8.3.11 Infringe or violate the intellectual property rights or any other rights of another person or entity, including INSSA;
8.3.12 Use automated means, including spiders, robots, crawlers, or the like to download data from the Services or any related server or database;
8.3.13 Circumvent any security measures or any payment collection methods employed on or through the Services, or access or use the Services after INSSA terminates or suspends your Account, this Agreement, or your access;
8.3.14 By-pass the measures used to prevent or restrict access to the Services, including but not limited to, features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the Services’ content;
8.3.15 Impersonate any person or entity, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes or otherwise misrepresent your affiliation with any person or entity, or to obtain access to this Network without authorization;
8.3.16 Interfere with the proper working of the Services, including any unreasonable load on the Services’ infrastructure;
8.3.17 Use the Service for any unsolicited advertising or promotions;
8.3.18 Engage in any conduct that is unlawful; harmful; threatening; abusive; harassing; tortious; defamatory; vulgar; obscene; pornographic; libelous; invasive of privacy or publicity rights; hateful; or racially, sexually, ethnically, or otherwise objectionable;
8.3.19 Engage in any conduct that infringes any patent, trademark, service mark, trade secret, copyright, or other proprietary rights of any person or that contributes to, induces, or facilitates this type of infringement;
8.3.20 Engage in spamming, "chain letters," "pyramid schemes", advertisement of illegal or controlled products or services, or other advertising or marketing activities that violate these Terms of Service, any applicable laws, regulations or generally-accepted advertising industry guidelines;
8.3.21 Engage in any conduct that contains software viruses; worms; Trojan horses; time bombs; trap doors; any other computer code, files, or programs; or repetitive requests for information designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Service or any third party software, site, equipment, or service; or
8.3.22 Upload, post, email, otherwise transmit links to any content or material that violates any applicable law, statute, ordinance, or regulation, or which we deem improper in our sole discretion.
8.4 Grant of Rights to INSSA.
8.4.1 Our provision of the Services to you depends on our ability to use information that you submit to us through the Service, such as passwords, log-in information, and other information (the “Content”). You hereby agree you will not use, reproduce, modify, upload, publish, transmit, distribute, display, or otherwise exploit for any purposes whatsoever any Content that (i) is not owned by you without the express prior written permission of the respective owners of the Content, and (ii) in any way that violates any third party right(s) in the Content.
8.4.2 By submitting Content to us, you represent and warrant that you have the right do so, you grant us a license to your Content as set forth below, and that you understand that we have no obligation to compensate you in any way for the storage or use of such information. We reserve the right, but are not obligated, to remove any Content from the Services at any time in our sole discretion.
8.4.3 You hereby grant INSSA and its licensees a non-exclusive, irrevocable, fully paid and royalty-free, perpetual, worldwide, sub-licensable and transferable right to access, re-use, distribute, store, delete, translate, copy, modify, display, sell, create derivative works from and otherwise exploit such Content for any purpose and in any media formats in any media channels without compensation to you or any other person or entity. You also hereby grant to each user of the Services a non-exclusive license to access, use and/or share your Content through the Services as permitted through the functionality of the Services and this Agreement.
9 Copyright Notice.
If you believe that our Services have been used in a way that constitutes copyright infringement, you should follow the process outlined here: DMCA Notification Guidelines.
10 Private Content.
INSSA does not claim ownership of your intellectual property rights in the Content or any data you provide to us via the use of our Services (the “Private Content”). However, you agree to give INSSA the right to access, use, preserve and/or disclose your Content and Private Content, as permitted by applicable law, without compensation to you or any obligation to you, for the following purposes, as limited by the Privacy Policy:
- To provide the Services to you;
- To improve and optimize the Services, or otherwise expand or develop new Services;
- To protect your rights and interests, or the rights and interests of third parties, the public, or INSSA;
- To comply with applicable law or regulation, legal process (e.g., subpoena, warrant, etc.), or inquiry by a public or governmental authority;
- To enforce this Agreement, including any investigation of alleged violations of this Agreement; or,
- To detect, prevent, and mitigate fraudulent activity on our Services, or any security or technical issues related to our Services.
11 Feedback.
You may submit comments, suggestions or ideas about our Services, including ways in which you would improve or change the Services (the “Feedback”). You agree that your Feedback is provided to us on a NON-CONFIDENTIAL BASIS, is voluntary, gratuitous, unsolicited and without restriction, and INSSA does not have any fiduciary duty or other duty as a result of receiving your Feedback. You hereby grant INSSA the unlimited, perpetual right to use, copy, modify, publish, redistribute, create derivative works from such Feedback or otherwise disseminate your Feedback for any purpose and in any way without compensation or any obligation to you or any other third parties. INSSA does not waive any rights to use similar or related feedback or ideas known to INSSA, developed by INSSA’s employees, or obtained from other sources.
12 Security
INSSA has certain technical, administrative, and physical security measures in place to protect your personal information. However, INSSA’s Services are provided over the Internet and we cannot guarantee that your personal information will not be accessed, used or disclosed by unauthorized third parties. In addition, you are also responsible for the security of your personal information on our Services. You should ensure that any wireless Internet connections you use for the Product Hardware, Mobile App or other Services are secure, and only share your account information with third parties you trust. If you believe that the security of your personal information on our Services has been compromised, please contact us immediately at info@inssa.org.
13 Third Party Content.
The Services may display, include, and make available third-party content in the form of data and information. (“Third Party Materials”). You acknowledge and agree that INSSA has no control over and is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, use of personal information, legality, decency, quality, or any other aspect thereof. The presence of any such third-party content on the Site does not constitute any endorsement, approval, recommendation, or favoring of such Third Party Materials by INSSA. INSSA does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials.
INSSA will not knowingly link to any Third Party Materials that exhibit hate, bias, or discrimination. INSSA reserves the right to deny or remove any link or Third Party Materials that contain misleading information or unsubstantiated claims, or is determined to conflict with INSSA’s mission or policies.
14 Services Updates.
14.1 INSSA may from time to time and in its sole discretion develop and provide updates to the Services, which may include updates, upgrades, bug fixes, patches, other error corrections, and new features (collectively, including related documentation, “Updates”). Updates may also modify certain features and functionality. You agree that INSSA has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. You further agree that all Updates will become part of the Service and subject to all terms and conditions of this Agreement.
14.2 Maintenance requirements or technical difficulties may result in temporary interruptions of the Services from time to time. INSSA reserves the right at any time and from time to time to modify or discontinue temporarily functions and features of the Services with or without notice. INSSA will not be liable to you or to any third party for any of the direct or indirect consequences of any modification, malfunction, suspension, discontinuance of, or interruption to the Service. You acknowledge and agree that you are not entitled to a refund or rebate related to such Service interruptions.
15 Availability, Errors and Inaccuracies.
We are constantly updating our offerings of products and services on the Services. The products or services available on our Services may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Services and in our advertising on other web sites, applications or platforms.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice (including after an order has been submitted).
16 Email Notices.
You agree that INSSA will use your email address to send you messages related to the Services, in lieu of communication by postal mail or other methods, except where INSSA is expressly required by applicable law to provide other notice. INSSA may also use your email address to send you other messages, such as changes to features of the Service, new applications, and special offers. If you do not want to receive these messages, you may opt-out by using the unsubscribe option in the applicable email. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers. INSSA is not responsible for any automatic filtering that you or your network provider may apply to such notifications.
17 Termination.
17.1 You may terminate this Agreement by cancelling your Account in an email sent to us at info@inssa.org. The cancellation will be effective in the calendar month following the month in which you notify us. Once the cancellation takes effect, you will no longer be able to access your account or use the Service as a registered user.
17.2 INSSA reserves the right without liability to terminate or restrict this Agreement, your Account, or your access to or use of the Service with or without notice for any reason. In particular, this Agreement will immediately and automatically terminate without notice if you violate any of its terms and conditions. You agree that INSSA will not be liable to you or any third-party for any interference with or termination of your access to the Service. INSSA will make all decisions regarding the termination of this Agreement or your Account in its sole discretion. INSSA is not required to disclose the reason for termination of this Agreement or your Account.
17.3 Upon termination all rights granted to you under this Agreement will terminate; you will cease all use of the Services. Sections 18, 19, 21, 22 and 23 will survive termination of this Agreement.
18 Disclaimer of Warranties.
SUBJECT TO APPLICABLE LAWS AND REGULATIONS, INSSA PROVIDES THE SERVICES TO END USER “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, INSSA—ON ITS OWN BEHALF AND ON BEHALF OF ITS DIRECTORS, OFFICERS, PARTNERS, DONORS, SPONSORS, AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS—EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO THE SERVICES. THIS DISCLAIMER INCLUDES ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT WHETHER THEY MAY ARISE OUT OF A COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, INSSA PROVIDES NO WARRANTY OR UNDERTAKING AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; BE AVAILABLE; BE SECURE; ACHIEVE ANY INTENDED RESULTS; BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES; OPERATE WITHOUT INTERRUPTION; MEET ANY PERFORMANCE OR RELIABILITY STANDARDS; BE ERROR FREE; BE FREE OF ANY DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
TO THE EXTENT APPLICABLE LAWS PROHIBIT TERMS OF USE FROM DISCLAIMING ANY IMPLIED WARRANTY, THE APPLICABLE IMPLIED WARRANTY WILL BE LIMITED TO THE MINIMUM WARRANTY AND WARRANTY PERIOD REQUIRED BY LAW.
THESE TERMS OF USE INCORPORATE BY REFERENCE ALL DISCLAIMERS POSTED ON INSSA’S WEBSITE (LOCATED AT https://inssa.org/disclaimer-of-liability-and-endorsement), AND SUCH DISCLAIMERS ARE IN ADDITION TO ALL DISCLAIMERS SET FORTH HEREIN.
19 Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL INSSA OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES OR THE CONTENT AND SERVICES FOR:
(A) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; OR
(B) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICES WITHIN THE PRIOR TWELVE (12) MONTHS (IF ANY).
INSSA DISCLAIMS ALL LIABILITY ARISING FROM OR RELATING TO ANY CONTENT OR PRIVATE CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR PRIVATE CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR PRIVATE CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED IN CONNECTION WITH USE OF, OR EXPOSURE TO, ANY CONTENT OR PRIVATE CONTENT POSTED, EMAILED, ACCESSED, TRANSMITTED, DISSEMINATED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.
THESE LIMITATIONS WILL APPLY WHETHER ANY DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER ANY DAMAGES WERE FORESEEABLE OR INSSA WAS ADVISED OF THE POSSIBILITY OF ANY DAMAGES.
FOR THOSE JURISDICTIONS THAT DO NOT PERMIT LIMITATION OF LIABILITY FOR GROSS NEGLIGENCE, THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO ANY WILLFUL, WANTON, INTENTIONAL, RECKLESS MISCONDUCT, OR GROSS NEGLIGENCE OF INSSA.
20 Force Majeure.
INSSA will not be liable for any delay or failure in performance of the Service by an event beyond INSSA’s control, without its fault or negligence, and that by its nature could not have been foreseen by INSSA or—if it could have been foreseen—was unavoidable.
21 Indemnification.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS INSSA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COSTS, OR EXPENSES OF WHATEVER KIND (INCLUDING, BUT NOT LIMITED TO, COURT COSTS, ATTORNEYS’ FEES, AWARDS OR SETTLEMENTS) ARISING FROM OR RELATING TO YOUR USE OR MISUSE OF THE SERVICE OR YOUR BREACH OF THIS AGREEMENT. NOTWITHSTANDING THE FOREGOING, THIS INDEMNIFICATION SHALL NOT APPLY TO CLAIMS BASED ON INSSA’S OWN WILLFUL, WANTON, OR INTENTIONAL MISCONDUCT BY INSSA.
22 Arbitration Agreement and Waiver of Class Remedies.
22.1 Arbitration.
Unless prohibited or displaced by the law that applies to individuals who reside in particular jurisdictions, you understand and agree that all claims arising out of or relating to this Agreement and the Service will be finally settled by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with the provisions of the Consumer Arbitration Rules of the AAA, excluding any rules or procedures governing or permitting class actions or as District of Columbia law provides for judicial review of arbitration proceedings. The arbitrator—and not any federal, state, or local court or agency—will have exclusive authority to resolve all disputes arising out of or relating to this Agreement. The arbitrator will be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award will be binding on the Parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of this Agreement will be subject to the Federal Arbitration Act.
If you are not located in, are not based in, do not have offices in, and do not do business in the United States, any arbitration between you and INSSA will be finally settled under the Rules of Arbitration of the International Chamber of Commerce (“ICC Rules”) by one or more arbitrators appointed in accordance with the ICC Rules and will be administered by the International Court of Arbitration of the International Chamber of Commerce.
Each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
The AAA’s rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at 1.800.778.7879. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to AAA along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to AAA. The arbitration rules also permit you to recover attorney’s fees in certain circumstances.
The Parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
22.2 Class Action Waiver.
The Parties further agree that any arbitration will be conducted in their individual capacities only and not as a class action or other representative action, and the Parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this section is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above will be deemed null and void in its entirety and the Parties will be deemed to have not agreed to arbitrate disputes.
22.3 Thirty Day Right to Opt-out.
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in this section by sending written notice of your decision to opt-out to the following address: P.O Box 7236, Silver Spring, MD 20907, USA, Attention: Chair of the Board of Directors. The notice must be sent within thirty (30) days of activating your Account, otherwise you will be bound to arbitrate disputes in accordance with the terms set forth above. If you opt-out of these arbitration provisions, then INSSA also will not be bound by them. In addition, if you elect to opt-out of these arbitration provisions, then INSSA may terminate your use of the Service.
22.4 Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in Section 22.1 do not apply, the parties agree that any litigation between them will be filed exclusively in the courts located in the District of Columbia. The parties expressly agree to exclusive jurisdiction in the District of Columbia for any litigation.
22.5 Applicable Law. You agree that federal laws and the laws of the District of Columbia, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and INSSA.
23 Claim Limitation.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE THAT CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
24 Severability.
If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
25 Waiver.
No delay or failure to take action under this Agreement will constitute any waiver by INSSA of any provision of this Agreement.
26 Assignment.
This Agreement is personal to you and may not be transferred, assigned, or delegated by you to any other person or entity. Any attempt by you to assign, transfer, or delegate this Agreement will be null and void.
27 Entire Agreement.
This Agreement and INSSA’s Privacy Policy constitute the complete and exclusive agreement between INSSA and you with respect to their subject matter and they supersede all prior oral or written understandings, communications, or agreements. There are no third party beneficiaries of this Agreement or the INSSA’s Privacy Policy.
28 Headings
The section titles in this Agreement are for your convenience only and have no legal or contractual effect.
29 Contact Us
If you have any questions, concerns or complaints regarding this Agreement, please contact us at:
P.O Box 7236
Silver Spring, MD 20907, USA
Tel: +1 (202) 643 - 6435
info@inssa.org
