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 IACVS WEB SITE
AND ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE THROUGH THE IACVS
WEB SITE OR USED IN CONNECTION THEREWITH (collectively, the or "IACVS Web site”)
PROVIDED BY THE INTERNATIONAL ASSOCIATION OF CONSUNTANTS, VALUATORS AND ANALYSTS
(IDENTIFIED HEREIN AS “We” or “IACVS”). IACVS IS WILLING TO LICENSE THE USE OF THIS
IACVS 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 IACVS WEB SITE AND ARE INSTRUCTED TO EXIT
IMMEDIATELY.
These terms and conditions and your right to use the IACVS Web site will take effect
at the moment you click "I ACCEPT" or you install, access, or use the IACVS 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, IACVS 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 IACVS 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 IACVS Web site in your possession. The provisions concerning IACVS'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
IACVS grants to you a personal, revocable, limited, non-exclusive, royalty-free,
non-transferable license to use for personal or internal business purposes only
the IACVS Web site conditioned on your continued compliance with these terms and
conditions. You may print materials from the IACVS 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 IACVS Web site.
IACVS welcomes your feedback and suggestions about IACVS's products or services
or with respect to how to improve the IACVS Web site. By transmitting any suggestions,
information, material, or other content (collectively, “feedback”) to IACVS through
the IACVS 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 IACVS and enable IACVS to use such
feedback. In addition, any feedback received through the IACVS Web site will be
deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive
right and license for IACVS 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. IACVS also owns a copyright in the contents of the IACVS Web
site as collective work and/or compilation and in the selection, coordination, arrangement,
and enhancement of the content of the IACVS Web site. Each individual document printed
from the IACVS Web site may contain other proprietary notices and copyright information
applicable to that individual document.
IACVS transfers no ownership or intellectual property interest or title in and to
the IACVS 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 IACVS
Web site, including the with respect to the domain (and all sub-domains) IACVS.org,
learningcircuits.org, and learningcircuits.com, unless otherwise indicated, are
owned, controlled, and licensed by IACVS or its licensors. IACVS reserves all rights
not expressly granted herein. The International Association of Consultants, Valuators
and Analysts, IACVS, the IACVS logo, and all other names, logos, and icons identifying
IACVS and its programs, products, and services are proprietary trademarks of IACVS,
and any use of such marks, including, without limitation, as domain names or account
identifiers, without the express written permission of IACVS is strictly prohibited.
Other product and company names mentioned herein may be the trademarks and/or service
marks of their respective owners.
User Obligations
By downloading, accessing, or using the IACVS 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 IACVS Web
site, including, without limitation, when you provide information via a IACVS Web
site registration or submission form. With respect to any contributed content or
materials that you may provide to or through the IACVS 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 IACVS Web site or by otherwise using the IACVS Web site to transmit or display
a Contribution, you automatically grant IACVS 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 IACVS Web site IACVS 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. IACVS 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 IACVS Web site. You also acknowledge
and agree that IACVS is not responsible for the security of any information transmitted
to or from the IACVS Web site.
IACVS Web site Privacy
Statement
You understand, acknowledge, and agree that the operation of certain areas of the
IACVS Web site requires the submission, use, and dissemination of various personally
identifiable information. Accordingly, if you wish to access and use those areas
of the IACVS Web site, you acknowledge and agree that your use of the IACVS Web
site will constitute acceptance of IACVS's personal identifying information collection
and use practices. Please see IACVS's Privacy Policy for a summary of IACVS's personal
identifying information collection and use practices.
Interactive Forums
The IACVS 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 IACVS Web site contains such communication forums
(collectively, “Forums”), you agree that by using the IACVS Web site you will not
post or transmit any of the following materials on the IACVS Web site’s Forums:
- anything that interferes with or disrupts the IACVS 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 IACVS,
- statements or material that misrepresents your affiliation with any entity and/or
IACVS,
- 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 IACVS Web site.
IACVS 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 IACVS's right and ability to delete or remove a Contribution
(or any part thereof), IACVS 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, IACVS reserves the right to delete or take
other action with respect to Contributions (or parts thereof) that IACVS believes
in good faith violate these terms and/or are, or are potentially, unlawful or harmful
to IACVS or its products, services, and goodwill. Moreover, it is a policy of IACVS
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 IACVS'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 IACVS Web site (or portal) or IACVS 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 IACVS removes or disables content or terminates or suspends
access to or use of the IACVS Web site (or portal) or IACVS materials, IACVS 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 IACVS's policy to document all notices of alleged infringement upon which
IACVS 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 IACVS
in a way that constitutes copyright infringement, please provide a written notice
of your claim of copyright infringement that is directed to IACVS'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 IACVS's Site or within a page, portal, or network within IACVS'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 IACVS 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 IACVS
Web site.
All of IACVS´s products available for sale through the IACVS Web site are guaranteed
against defects for 30 days from the date of the invoice. Except as expressly stated
herein, IACVS makes no representations or warranties, either express or implied,
of any kind with respect to products sold on the IACVS sites, INCLUDING ANY warranties
OF merchantability OR fitness for a particular purpose. You agree that the sole
and exclusive maximum liability to IACVS arising from any product sold on the IACVS
sites shall be the price of the product ordered. In no event shall IACVS, 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 IACVS WEB SITE, THE INFORMATION, SERVICES, TOOLS, CHAT AND THREADED DISCUSSION
SYSTEMS, SOFTWARE, CONTENT, PROGRAMS, AND MATERIALS AVAILABLE ON OR THROUGH THE
IACVS WEB SITE ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. IACVS 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 IACVS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE
USE OF THE IACVS WEB SITE, WITH THE DELAY OR INABILITY TO USE THE IACVS WEB SITE,
OR FOR ANY INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS AVAILABLE THROUGH
THE IACVS WEB SITE. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF IACVS FOR
ANY REASON WHATSOEVER RELATED TO USE OF THE IACVS WEB SITE SHALL NOT EXCEED THE
TOTAL AMOUNT PAID BY YOU TO IACVS 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 IACVS 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
IACVS 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.
IACVS reserves the right to view, monitor, and record activity on the IACVS Web
site without notice or permission from you, including, without limitation, by archiving
notices or communications sent by you through the IACVS 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 IACVS Web site as well as to disclosures required by
or under applicable law or related government agency actions. IACVS will also comply
with all court orders involving requests for such information.
MISCELLANEOUS
You acknowledge that any breach, threatened or actual, of these terms and conditions
will cause irreparable injury to IACVS, such injury would not be quantifiable in
monetary damages, and IACVS would not have an adequate remedy at law. You therefore
agree that IACVS shall be entitled, in addition to other available remedies, to
seek and be awarded an injunction or other appropriate equitable relief from a court
of competent jurisdiction restraining any breach, threatened or actual, of your
obligations under any provision of these terms and conditions. Accordingly, you
hereby waive any requirement that IACVS post any bond or other security in the event
any injunctive or equitable relief is sought by or awarded to IACVS to enforce any
provision of these terms and conditions. The parties agree that these terms and
conditions are for the benefit of the parties hereto as well as IACVS's licensors.
Accordingly, these terms and conditions are personal to you, and you may not assign
your rights or obligations to any other person or entity without IACVS's prior written
consent. Failure by IACVS to insist on strict performance of any of the terms and
conditions of these terms and conditions will not operate as a waiver by IACVS of
that or any subsequent default or failure of performance. If any provision (or part
thereof) contained in these terms and conditions is determined to be void, invalid,
or otherwise unenforceable by a court of competent jurisdiction or on account of
a conflict with an applicable government regulation, such determination shall not
affect the remaining provisions (or parts thereof) contained herein and the illegal,
invalid, or unenforceable clause shall be modified in compliance with applicable
law in a manner that most closely matches the intent of the original language. No
joint venture, partnership, employment, or agency relationship exists between you
and IACVS as result of these terms and conditions or your utilization of the IACVS
Web site. Headings herein are for convenience only. These terms and conditions,
along with the IACVS's Privacy Policy and IACVS’s Terms for Sale & Subscription,
represent the entire agreement between you and IACVS with respect to use of the
IACVS Web site, and they supersede all prior or contemporaneous communications and
proposals, whether electronic, oral, or written between you and IACVS with respect
to the IACVS Web site. Unless otherwise agreed to by IACVS, please note that IACVS
reserves the right to change these terms and conditions and the manner under which
the IACVS Web site (and its functionality) is extended to you by providing you notice
or a copy of such revised terms. IACVS may also change or modify any aspect of the
IACVS Web site. Your continued use of the IACVS Web site will be conclusively deemed
acceptance of any change to these terms and conditions or the IACVS Web site.
IACVS Website Privacy
Statement
IACVS respects the privacy of its members and visitors to the IACVS Web site. Any
and all information collected while on the IACVS Web site is used solely for the
purposes as set forth in this privacy statement. IACVS'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 IACVS by the member
or visitor. All personal information collected through the Web site is provided
on a voluntary basis by IACVS 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 IACVS membership database. IACVS may use email or postal addresses
for notifying members and customers about upcoming online events, new additions
to the IACVS Web site, or other products and services offered by IACVS. Member contact
information is also made available through the IACVS Membership Directory, a searchable
database of members on IACVS's Web site made available only to members of IACVS.
If you are a member of IACVS 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.
IACVS 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 IACVS 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, IACVS 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 IACVS, please contact Memberservices@IACVA.org. IACVS 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 IACVS Web site
visitor. Personal information, personal references, and obvious grammatical errors
will be removed from the chat transcripts before they are archived. Otherwise, IACVS
does not edit any dialogue provided through chat or threaded discussion participation.
IACVS, 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 IACVS for unsolicited
e-mail or other contact. If you feel that IACVS has violated this Privacy Statement
in any way, please contact us atCustomerCare@IACVA.org so that we may address the
issue.
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