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.
- Individual Features and Services. When using certain portions of the Website you will be subject to additional guidelines and rules including but not limited to The Insight Association’s Rules and Etiquette, which are applicable to specific activities and features (collectively “Guidelines”). All such guidelines are incorporated into these Terms.
- Modification of These Terms. The Insights Association reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time by posting a notice on the Website or by sending you an email. Please check these Terms periodically for changes. Your continued use of the Website and/or the Services after the posting of changes on the Website constitutes your binding acceptance of such changes.
- Prohibited Conduct. By using the Website you agree not to:
- “stalk,” harass, threaten or defraud others;
- send, post, or make available pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, deceptive, tortious, defamatory, profane, abusive, illegal, libelous, or otherwise inappropriate or offensive content to others;
- make unsolicited or inappropriate offers, advertisements, or proposals for goods, services or other commercial activities, or send junk mail or chain letters to others;
- impersonate another person or access another’s account without permission;
- impersonate Insights Association staff;
- misrepresent the source, identity, or content of information transmitted via the Website, (such as claiming a created work as your own that is not actually yours) or otherwise infringing any trademark, copyright, right of publicity or other right of any other person or entity;
- use or encourage others to use the Website for any illegal purpose;
- use site features for anything other than their intended purpose, including exploiting site glitches for personal gain;
- interfere with security-related features of the Website;
- intentionally interfere with the operation of the Website or any individual’s enjoyment of it;
- discuss, promote, or depict in any form: child sexuality, abuse, exploitation, or related topics that may be harmful to or threaten the security of a child or minor;
- post or distribute any content that contains software viruses or other code intended to damage or interfere with any software, hardware, equipment, system, data, or other information of Insights Association or any third party;
- decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Website, except to the limited extent applicable laws specifically permit such action;
- post any information or other material protected by copyright without the permission of the copyright owner (By posting material, the posting party warrants and represents that he or she owns the copyright with respect to such material or has received permission from the copyright owner. In addition, the posting party grants the Insights Association and users of the Website the nonexclusive right and license to display, copy, publish, distribute, transmit, print, and use such information or other material.);
- post messages if they encourage or facilitate members to arrive at any agreement that either expressly or impliedly leads to price fixing, a boycott of another's business, or other conduct intended to illegally restrict trade; or
- post messages that encourage or facilitate an agreement about the following subjects: prices, discounts, or terms or conditions of sale; salaries; profits, profit margins, or cost data; market shares, sales territories, or markets; allocation of customers or territories; or selection, rejection, or termination of customers or suppliers.
- Eligibility; Account Information. The Website is not available to persons under the age of 13. You agree that the information that you provide to the Insights Association during registration and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times.
- Ownership; Proprietary Rights. The Website is owned and operated by the Insights Association. Except for any member or sponsor submissions, which are owned by and provided by our members and sponsors, all materials contained on the Website are the property of the Insights Association and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to the Insights Association or its affiliates and/or third-party licensors. Except as expressly authorized by the Insights Association, you agree not to buy, sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make any unauthorized or commercial use of the Website materials. You agree to abide by all copyright notices, information and restrictions contained in any materials.
- Forum Posting. The Insights Association does monitor sites for inappropriate postings but does not necessarily own or undertake editorial control of postings. In the event that any inappropriate posting is brought to our attention, we will take appropriate action.
- Violations; Termination. We reserve the right to terminate access to any user who does not abide by these Terms. The Insights Association does not permit copyright infringing activities on the Website and reserves the right to terminate access to the online forum, and remove all content submitted, by any users found to be repeat infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Website and may be referred to appropriate law enforcement authorities.
- Disclaimers; No Warranties. You acknowledge that the Insights Association has no control over, and no duty to take any action regarding: unauthorized access to the Website; what materials you access via the Website or what effects such materials may have on you; how you may interpret or use such materials; or what actions you may take as a result of having been exposed to such materials. The Website may contain links to websites containing information that some people may find offensive or inappropriate. You release the Insights Association from all liability for you having acquired materials through the forum.
- Confidentiality. Information and content made available to you in the Services may contain trade secrets or other confidential or proprietary information of the Insights Association and/or the Insights Association’s Members, suppliers or licensors. Other than as may be expressly agreed to by the Insights Association, you must hold in strict confidence, and not disclose to any other person, any information and content that you access or learn in connection with your participation in the Services. Other than as may be expressly agreed to by the Insights Association, you are prohibited from sharing with any third party, photographic or other imagery, information, or any other content from any and all activities within or from the Website. You must not use any such information or content for any purpose other than your participation in the Services in accordance with this Agreement. You hereby agree to notify the Insights Association immediately if you learn of or suspect any use or disclosure of, or access to, any such information or content other than as specifically authorized in this Agreement.
- Registration Information. You agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Services; (b) maintain the security of your password and login credentials; and (c) maintain and promptly update the information you provide during registration, and any other information you provide to the Insights Association, so as to keep it accurate, current and complete. Registration requires information that includes, without limitation, your full legal name, gender, primary language, your date of birth, the country and state/province of your primary residence, your phone number and your current working email address. Your failure to provide accurate information, or if the Insights Association determines that fraudulent information was provided by you in connection with your registration and/or you otherwise engaged in any other inappropriate activity (as determined by The Insights Association in its sole discretion), The Insights Association may cancel or invalidate your account(s), registrations or restrict, block, limit, and prevent your access to and use of the Services.
- Compliance with Laws. You must at all times comply with all applicable laws, rules, regulations, and orders and not cause the Insights Association to violate any laws, rules, regulations, or orders.
- Appropriate Communications. If you communicate with personnel from the Insights Association ("Personnel"), you agree to do so in a respectful and appropriate manner. You shall not send, share or otherwise distribute to Personnel, Personnel affiliates or other users of the Services any communications having obscene, vulgar, sexually-oriented, threatening, hateful or illegal content. By accessing or using the Services, you agree that you will not publish, post, or otherwise disseminate any publications or other material that disparages, discredits, or casts anyone, including the MRA, its Personnel, employees, officers, directors, subsidiaries, affiliates, or its licensors in a negative light.
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.