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Terms of Use & Disclaimer

 

PLEASE READ THESE GENERAL TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OR ACCESSING THIS WEB SITE.

 

By using or accessing any of the pages of this web site operated by The PDMA Alliance, Inc. (“Web Site”), you signify your assent to the terms of use set forth below (“General Terms of Use”). If you do not agree to these General Terms of Use, you should not use or access this Web Site. For purposes of these General Terms of Use, “you” and “your” shall include not only you as user and the individual, person, or entity to whom access to this Web Site has been provided hereunder, but shall also include all individuals, persons, and/or other entities over which you exercise any degree of control or authority, or whose actions you control, authorize, facilitate, or otherwise permit. The PDMA Alliance, Inc. (hereinafter “Alliance,” “we,” or “us”) reserves the right, at its sole discretion, to change, modify, add, or remove portions of these General Terms of Use at any time. Please check these General Terms of Use periodically for changes. Your continued use of this Web Site following the posting of changes to these General Terms of Use will mean that you accept such changes. These General Terms of Use govern your use and access to any and all web pages of this Web Site, including both web pages and Content accessible to the general public and provided without charge, as well as those web pages and Content which are accessible only to individuals, persons, or institutions which have satisfied certain subscription or membership requirements (“Members”). Additional terms and conditions may govern the use of and access to web pages and Content which are provided only to Members, and those terms and conditions shall control such use and access to the extent that they conflict with these General Terms of Use.

 

MEMBERSHIP REGISTRATION

In order to take advantage of certain features on this Web Site, including user access to the Job Postings Forum, you may be required to register with Alliance. If you register, you agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration process. By registering, you agree and take full responsibility for maintaining the confidentiality of your account name, password, and all related activity that occurs under your account. For the protection and integrity of your account, please log off from your account and exit the Web Site upon the end of each session. You agree to immediately notify us in the event of any unauthorized use of your user account. If you violate these General Terms of Use, Alliance, in its sole discretion, may suspend or terminate your membership and/or access to the Web Site as set forth herein. All registration information is collected and used in accordance with the Alliance Privacy Statement.

 

You understand and acknowledge that you have no ownership rights in your account with us, and that if you cancel you account, or if your account is terminated by us, all of your account information will be marked as deleted in our databases and will be removed from any public area or Forum.

 

LICENSE AND ACCESS TO THE WEB SITE AND RESTRICTIONS

No person under the age of eighteen (18) is authorized to access or use this Web Site. User access to, and use of, the Web Site is subject to all applicable international, federal, state and local laws and regulations. Use of this Web Site is void where prohibited. By using this Web Site, you represent and warrant that you are eighteen (18) years of age and that you have the right, authority and capacity to enter into this agreement and abide by the General Terms of Use.

 

Alliance grants you a limited, non-transferable license to access and use for non-commercial purposes the Web Site. Such limited license shall enable you to use the Web Site for informational purposes and certain other limited purposes provided herein. Except as otherwise provided herein, this license shall not include any resale or commercial use of the Web Site or its Content, or any derivative use of the Web Site or its Content.

 

Unless otherwise noted, all materials, including, but not limited to, articles, images, illustrations, designs, icons, photographs, video-clips, and/or audio-clips that are part of or provided on this Web Site (collectively, the “Content”) are protected by copyright and owned, controlled, or licensed by Alliance, and/or any party credited as provider or owner of the Content. You shall abide by any and all additional copyright notices, information, or restrictions contained in any Content accessed through this Web Site.

 

Except for the Job Postings (as defined below), no Content from this Web Site may be reproduced, copied, republished, framed, hyperlinked, downloaded, uploaded, transmitted, posted, or distributed in any way. You may, however, to the extent that such action does not violate the rights of any third-parties (with respect to which Alliance makes no representations or warranties), download one copy of the Content on a single computer for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices. Storing, reproducing, or copying of any Content for any purpose other than personal use is expressly prohibited without prior permission from Alliance, and/or from the copyright holder identified in any copyright notice contained in the Content. You may build a hyperlink to the home page of this Web Site, provided that you agree to cease and terminate such hyperlink immediately upon the request of Alliance.

 

No other or further use of this Web Site or the Content is permitted without the prior written permission of Alliance. Use of any spider, robot, other automatic device, or manual process to copy, reproduce, or monitor this Web Site or the Content is expressly and strictly forbidden.

 

Any modification or revision of the Content, or use of the Content for purposes other than authorized herein, constitutes a violation of Alliance’s copyrights and other proprietary rights, and/or may constitute a violation of the copyrights and other proprietary rights of third-parties. The use of Content or any web pages of this Web Site on any other web site, or on any internal or external computer network, is expressly prohibited without the prior written authorization of Alliance.

 

Various trademarks, service marks, trade names and other designations of origin or endorsement which are displayed or contained within this Web Site may be proprietary to Alliance and/or third-parties. Alliance expressly reserves all of its rights in and to any such trademarks, service marks, trade names and other designations of origin or endorsement which it owns or licenses from third-parties. You are advised and instructed that any copying or use by you of any such trademarks, service marks, trade names and other designations of origin or endorsement displayed or contained within this Web Site which are owned, licensed, or controlled by third-parties may result in your liability for such copying or use.

 

COMMUNICATIONS CONTAINED ON THIS WEB SITE

For purposes of these General Terms of Use, the term “Forum” shall include any area, feature or portion of the Web Site offered or used to submit, post, display and/or view user generated written content or communications, including, but not limited to, job postings, letters, e-mails, or other types of communications, that are sent to the webmaster(s), employees, or other agents of Alliance, as well as any materials, content, messages or written communications posted in connection with any online discussions or interactions on this Web Site (collectively, “User Generated Content”). You shall not upload to, distribute by way of, or otherwise publish through any Forum on this Web Site any User Generated Content that is, without limitation, unlawful, harmful, threatening, abusive, harassing, invasive of privacy or publicity rights, defamatory, libelous, vulgar, obscene, pornographic, indecent, lewd, suggestive, profane, hateful, racially, ethnically or otherwise objectionable, which includes, any material or content that encourages conduct that would constitute a criminal offense, may give rise to civil liability or otherwise violate any applicable local, state, national or international law, impersonates any person or entity or otherwise misrepresents an affiliation with a person or entity, may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party, or that, in the sole judgment of Alliance, is objectionable or which restricts or inhibits any other person from using or enjoying the Web Site, or which may expose Alliance or its affiliates, members or users to any harm or liability of any type.

 

Except for the Job Posting Forum, and subject to these General Terms of Use, all of the Forums shall be used exclusively in a non-commercial manner. You shall not, without the prior written authorization of Alliance, distribute or otherwise publish any material containing any solicitation of funds, advertising, promotion, or solicitation for goods and services. You expressly acknowledge that the use of this Web Site or any Forum, other than the Job Posting Forum, for the solicitation of other guests or Members of this Web Site to join or become members of any commercial organization or service is expressly prohibited, without the prior written authorization of Alliance.

 

By uploading or otherwise submitting any User Generated Content to any Forum or to Alliance, you automatically grant (or warrant that the owner of such rights has expressly granted) to Alliance a perpetual, royalty-free, irrevocable, non-exclusive license to use, reproduce, modify, adapt, translate, publish, create derivative works from and distribute such materials or incorporate such materials into any medium, form, or technology now known or later developed throughout the universe. In addition, you warrant that all “moral rights” or their equivalents in those materials have been waived.

 

In general, Alliance will not monitor or edit the User Generated Content contained within any Forum on this Web Site unless required to do so by law. You, and all other guests, Members, and other users of this Web Site, shall remain solely responsible for any User Generated Content and the content of their own communications. Alliance does not represent or warrant the truthfulness, accuracy or reliability of any User Generated Content or any other communications posted by any user of third party or endorse any content or opinions expressed by them. You acknowledge that any reliance on any User Generated Content will be at your own risk. Notwithstanding the foregoing, Alliance has the right, but not the obligation, to monitor, edit, and/or remove any User Generated Content, Forum content or other communications from any portion of this Web Site.ANY AND ALL USER GENERATED CONTENT SHALL NOT BE DEEMED PERSONAL INFORMATION FOR PURPOSES OF THE PRIVACY STATEMENT AND ALLIANCE’S RIGHT TO USE AND DISCLOSE ANY SUCH INFORMATION SHALL GOVERN OVER ANY TERMS OF PRIVACY STATEMENT.

 

JOB POSTINGS

The Web Site may contain a Forum in which a Member may, subject to certain terms and conditions prescribed by Alliance and these General Terms of Use, post messages and/or other information soliciting the procurement of certain services, or otherwise related to available employment opportunities for or on behalf of such Member (“Job Postings”). Subject to these General Terms of Use, Job Postings will be posted for a maximum of sixty (60) days, unless Alliance is instructed in writing otherwise. Alliance is under no obligation to review any Job Postings posted on the Web Site by Members and assumes no responsibility or liability relating to any such Job Postings. Notwithstanding the above, Alliance may from time to time monitor the Job Postings on the Web Site and may, in its sole discretion, decline to accept and/or remove any Job Posting, or User Generated Content included in a Job Posting, for any reason or no reason as set forth herein.

 

The Job Posting Forum is provided for the convenience of our Members and Alliance does not screen or censor the listings. Alliance is not involved in the actual transaction between employers and candidates. Alliance has no control over the User Generated Content, the quality, safety or legality of the jobs posted, the truth or accuracy of the listings, the ability of the employers to offer the job opportunities to candidates or the ability of candidates to fill the job openings. Alliance makes no representations about any jobs or User Generated Content on the WebSite. Alliance may take any action with respect to User Generated Content that it deems necessary or appropriate in its sole discretion if it believes that such User Generated Content could create liability for Alliance, damage Alliance’s brand or public image, or cause Alliance to lose (in whole or in part) the services of its ISPs or other suppliers. While Alliance reserves the right in its sole discretion to remove User Generated Content, Job Postings, or other material from the Web Site from time to time, Alliance does not assume any obligation to do so and disclaims any liability for failing to take any such action.

 

PRIVACY POLICY

Any personal information or other information about you collected by Alliance through, or in connection with this Web Site, except for User Generated Content and/or any information provided by you to a third party in response to any User Generated Content or other Forum content, is subject to our Privacy Statement ("Privacy Statement"). The Alliance Privacy Statement is incorporated into the terms of these General Terms of Use by this reference. In the event of any conflict between the terms of these General Terms of Use and the Privacy Statement, and unless otherwise provided, the Privacy Statement shall control.

 

INDEMNIFICATION

You hereby agree to indemnify, defend, and hold Alliance harmless from any liability, loss, claim and expense, including reasonable attorneys fees, related to your violation or alleged violation of these General Terms of Use.

 

LIMITATIONS UPON SCOPE & TERRITORY OF USE

Unless otherwise specified, the Content of this Web Site is provided solely for the non-commercial purpose of furthering and promoting the goals of the industry of PDMA compliance professionals and related entities. Alliance is incorporated in the State of New Jersey, and operates and conducts its activities within the United States of America. Alliance makes no representation that any Content contained within this Web Site is appropriate or available for use in other locations or jurisdictions. Any persons, individuals, or other entities who choose to access or use the Content or this Web Site from other jurisdictions or locations do so on their own initiative, and are solely responsible for establishing the usability or correctness of any information or Content contained within this Web Site under the law of any such jurisdictions or locations, as well as the compliance of any such information or Content with any applicable requirements of local laws and regulations. You, and all other guests, Members, and users, agree that the laws of the State of New Jersey shall govern any dispute (as set forth herein), including, but not limited to, those arising from the use by Alliance of any personal information or otherwise relating to privacy issues.

 

TERMINATION

The terms and conditions of these General Terms of Use are effective upon your initial access and/or use of this Web Site or its Content, and shall remain effective until terminated by Alliance. Any privileges granted to you under these General Terms of Use shall terminate immediately, without notice to you, if in Alliance’s sole discretion you have failed to fully comply with any term or provision of these General Terms of Use. Upon such termination and Alliance’s providing of such notice to you, you must destroy all Content obtained by you from this Web Site and all copies or reproductions thereof in any format or medium, whether made or generated pursuant to these General Terms of Use or otherwise. Alliance may take any actions which it determines necessary or appropriate under the circumstances to eliminate, prevent, or preclude future or repeat violations, and Alliance shall not be liable for any damages of any kind or nature which may be suffered by you or any guest, Member, other user, or third-party resulting in whole or in part from Alliance’s exercise of any of its rights pursuant to these General Terms of Use.

 

DISCLAIMER

THE CONTENT OF THIS WEB SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO ANY APPLICABLE LAWS OR REGULATIONS, ALLIANCE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALLIANCE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVER(S) THAT MAKES THIS WEB SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALLIANCE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT ON THIS WEB SITE IN TERMS OF ITS CORRECTNESS, TIMELINESS, CURRENCY, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT ALLIANCE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION RESULTING FROM YOUR USE OF THIS WEB SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

 

LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ALLIANCE BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT ON THIS WEB SITE, EVEN IF ALLIANCE OR AN ALLIANCE-AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL ALLIANCE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEB SITE.

 

NO LEGAL OR PROFESSIONAL ADVICE

The Content contained on this Web Site has been prepared by Alliance as a service to its guests, users, Members and the PDMA compliance industry and community, and is not intended to constitute legal advice, or any other kind of professional advice. Alliance has used reasonable efforts in collecting, preparing and providing quality information and material, but does not warrant or guarantee the accuracy, completeness, adequacy, timeliness or currency of the information contained on or linked to this Web Site. Users of information from this Web Site or links from this Web Site do so at their own risk, and are advised and encouraged to seek or consult legal counsel and/or other professional advice as appropriate.

 

PRODUCTS, SERVICES, & USER GENERATED CONTENT

Any reference made by this Web Site to any specific commercial product, process, or service (or provider of such product, process or service) by trade name, trademark, hyperlink, or otherwise, does not constitute or imply an endorsement, recommendation, or favoring by Alliance of such product, process, service or provider, or conversely, an endorsement, recommendation, or favoring of Alliance by such provider. All User Generated Content, including, without limitation, any opinions, advice, statements, services, offers or other information expressed or made available by third-parties, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of Alliance, or its members, employees, or agents.

 

LINKS & REFERENCES TO OTHER WEB SITES & SERVICES

To the extent that this US-based Web Site contains links to outside services and resources, Alliance does not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource. Alliance is not responsible for the availability of such external sites, or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALLIANCE SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS, OR SITES AVAILABLE ON OR THROUGH ANY SUCH SITE OR RESOURCE.

 

FEES & CHARGES

Alliance reserves the right at any time to charge fees for access to, or use of, portions of this Web Site or this Web Site as a whole. In no event, however, will you be charged for access to this Web Site unless Alliance obtains your prior agreement to pay such charges. Your prior use of this Web Site shall not constitute a waiver of any right by Alliance to charge fees for access to any portions of this Web Site, or to this Web Site as a whole, nor shall your prior use or access to this Web Site provide evidence of any entitlement to use of, or access to, this Web Site without the payment of any applicable fees or charges which are subsequently created or imposed consistent with this paragraph.

 

USAGE AND ACCESS TO THIS WEB SITE BY CHILDREN

This Web Site is directed to adults and is not directed to children under the age of 13. Alliance cannot prohibit minors from visiting this Web Site. Alliance must rely on parents, guardians and those responsible for supervising children under 13 to decide which materials are appropriate for such children to view and/or purchase. Alliance complies with the Children's Online Privacy Protection Act and does not permit registration by and will not knowingly collect personally identifiable information from anyone under the age of 13. This requirement will be posted wherever Alliance collects data within this Web Site, such as during the registration process.

 

MISCELLANEOUS

The terms and provisions of these General Terms of Use shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to choice of law or conflict principles. You hereby agree that any action at law or in equity arising out of or relating to these General Terms of Use shall be filed only in the state courts located in Morris County, New Jersey, or the federal courts located in Newark, New Jersey (to the extent such courts have jurisdiction over the dispute), and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these General Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from all other terms contained herein and shall not affect the validity and enforceability of any remaining provisions. You agree that regardless of any law or statute to the contrary, any claim or cause of action arising out of or relating to this Web Site and these General Terms of Use must be filed within one (1) year of the date on which the cause of action arose, or shall be barred as untimely. These General Terms of Use shall constitute the entire agreement between us relating to the subject matter herein, with the sole exception of any superseding applicable terms and conditions relating to use by Members as referenced herein, and shall not be modified except as provided herein or in writing, signed by Alliance. To the extent that anything in or associated with this Web Site is in conflict or inconsistent with these General Terms of Use, these General Terms of Use shall take precedence, except as otherwise expressly provided herein. Any failure by Alliance to enforce any provision of these General Terms of Use shall not be deemed a waiver of any such provision or other provisions, nor of the right to enforce such provision or other provisions.

 

These GENERAL TERMS OF USE were last updated or modified on May 1, 2009