Last modified January 3, 2017
Welcome to the Insights Association. The following are terms of a legal agreement between you, as users, members, customers, subscribers, and others who visit, share information or use the Services (collectively or individually, “Members”) and the Insights Association. By accessing, browsing or using www.insightsassociation.org (the “Website”) any other websites, applications or services owned or operated by the Insights Association (the Website, any other websites, applications, or services directly owned, offered or operated by the Insights Association are collectively referred to as the “Services”), you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations, including export and re-export control laws and regulations.
If you use this Website from other locations, you are responsible for compliance with any and all applicable local laws. If you are providing personally identifiable information and are not a resident of the United States, your country's laws governing data collection and use may differ from those in the United States, in particular, the U.S. may not provide the same level of protections as those in your own country. By providing information to the Insights Association, you are transferring your personal data to the United States, and you consent to that transfer and to the processing of your data in the United States.
If you do not agree to these terms, please do not use the Website and/or more generally, the Services.
From time to time we may update the Services and this Agreement. Your use of the Services after we post any changes to this Agreement constitutes your agreement to those changes. You agree to review this Agreement periodically to ensure that you are familiar with the most recent version. The Insights Association may, in its sole discretion, and at any time, discontinue or make modifications to the Services or any part thereof, with or without notice, or may prevent your use of the Services with or without notice to you.
The Insights Association mailing address is: 1629 K Street, NW Suite 300 Washington, DC 20006. You can also contact us at email@example.com.
14. Disclaimer of Warranties. THE WEBSITE AND ANY THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE INSIGHTS ASSOCIATION AND ITS SUPPLIERS, LICENSORS, AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
THE INSIGHTS ASSOCIATION AND ITS SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE INSIGHTS ASSOCIATION, ITS SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU, AND NOT MRA NOR ITS SUPPLIERS, LICENSOR OR PARTNERS, ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE WEBSITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
15. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL EITHER THE INSIGHTS ASSOCIATION OR ANY OTHER PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF THE INSIGHTS ASSOCIATION OR ANY OTHER PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICES OR ANY CONTENT, NOR SHALL THE INSIGHTS ASSOCIATION BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND THE INSIGHTS ASSOCIATION’S REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO, ACTS OF GOD, COMMUNICATIONS LINE OR NETWORK FAILURES, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE'S RECORDS, PROGRAMS, OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
IF, DESPITE THE LIMITATIONS SET FORTH ABOVE, THE INSIGHTS ASSOCIATION IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF, OR IS IN ANY WAY CONNECTED WITH, ANY OF THE OCCURRENCES DESCRIBED IN THE LIMITATIONS ABOVE, THEN LIABILITY WILL IN NO EVENT EXCEED, IN TOTAL, THE GREATER OF: (A) ANY FEES PAID BY YOU TO THE MRA TO YOU OVER THE TWELVE (12) MONTH PERIOD PRIOR TO THE PERIOD GIVING RISE TO SUCH CLAIM; OR (B) THE SUM OF USD $100.00. SOME JURISIDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THIS MAY NOT APPLY TO YOU.
a. Waiver. The failure of the Insights Association to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by the Insights Association.
b. Governing Law/Mandatory Arbitration. These terms will be governed by and construed in accordance with the laws of the District of Columbia. Any controversy or claim arising out of or relating to the Services, or this Agreement must be commenced within one year after the claim arose and will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in the District of Columbia and judgment on the arbitration award may be entered into any court of competent jurisdiction. The award of the arbitrator will be final and binding upon the parties without appeal or review except as permitted by the laws of the District of Columbia. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration.
c. Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
d. Disclosures. The services provided are offered by the Insights Association, located at: 1629 K Street, NW Suite 300 Washington, DC 20005. You can also contact us at firstname.lastname@example.org.