BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. If you do not wish to be bound by this Agreement, do not undertake any of these aforementioned activities.
Notice Regarding Dispute Resolution: This Agreement contains provisions that govern how claims you and we may have against each other are resolved (see Section 16 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 16. 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 SITE, YOU REPRESENT AND WARRANT TO INSSA THAT (A) YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) YOU ARE AT LEAST 18 YEARS OF AGE; AND (C) YOU ARE OF SUFFICIENT LEGAL AGE OR OTHERWISE HAVE LEGAL CAPACITY TO LEGALLY ENTER INTO THIS AGREEMENT.
You will need to access your membership account at INSSA in order to use the Site or to use the Services under the Site (“Account”). Once you activate your Account, your Account will allow you to receive the member Services we provide. Your Account is for your individual, personal and professional use only, and you may not authorize others to use your Account for any purpose. By creating your Account, you certify that all information you provide is complete and accurate. You agree to update your information when required or requested, and you further agree not to use another person's account without permission. 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 firstname.lastname@example.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.
INSSA reserves the right, at any time, to change its membership requirements and/or this Agreement pertaining to your Account.
4 Service Requirements.
To access the Site and obtain Services, you will need telecommunications access to a personal computer owned or otherwise controlled by you, connected to the internet, and compatible with the Site (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 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. INSSA is not responsible for any expenses incurred by you while accessing or using the Site.
5 INSSA Proprietary Rights.
You acknowledge and agree that you have not and do not acquire any ownership interest in the Site and the Services, including without limitation the information you derive therefrom, under this Agreement or any other rights other than to use the Site and obtain the Services in accordance with the terms, conditions, and restrictions under this Agreement and all other applicable INSSA policies and rules. INSSA reserves and retains exclusive ownership of, as well as 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.
You agree that you will not in connection with your use of the Site and the Services provided thereunder:
5.2.1 Decompile, reverse engineer, disassemble, decode, attempt to access the source code, or sublicense the Site or any portion of the Services;
5.2.2 Modify, translate, adapt, or create improvements or derivative works of the Site;
5.2.3 Alter, obscure, remove, or delete any trademarks or any trademark, copyright, patent, or other intellectual property or proprietary rights notices from the Site;
5.2.4 Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Site or any features or functionality of the Site, to any third party for any reason, including by making the Site available on a network where it is capable of being accessed by more than one device at any time;
5.2.5 Republish, reproduce, repurpose, download, or otherwise use any content from the Services except as otherwise intended;
5.2.6 Employ misleading email addresses or mobile numbers or falsify information in any part of any communication related to the Service;
5.2.7 Engage in any activity which may compromise the stability or availability of the Site;
5.2.8 Use automated means, including spiders, robots, crawlers, or the like to download data from the Services or any related server or database;
5.2.9 Circumvent any security measures or any payment collection methods employed on or through the Site, or access or use the Site after INSSA terminates or suspends your Account, this Agreement, or your access;
5.2.10 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;
5.2.11 Impersonate any person or entity;
5.2.12 Use the Service for any unsolicited advertising or promotions;
5.2.13 Upload post, email, otherwise transmit or post links to any content or material, or activate or access an Account using any member or user name or email address in a manner 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;
5.2.14 Upload, post, email, otherwise transmit or post links to any content or material 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;
5.2.15 Upload, post, email, otherwise transmit, or post links to any content or material 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
5.2.16 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.
5.3 Grant of Rights to INSSA
5.3.1 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. By submitting such information to us, you represent and warrant that you have the right do so and that you understand that we have no obligation to compensate you in any way for the storage or use of such information. We will only disclose this information if we determine that doing so is necessary (a) to further or promote the mission and purposes of INSSA; (b) to enforce the terms of this Agreement; (c) to comply with law, a subpoena, or other legal order; (d) to respond to claims or complaints by third parties; or (e) to protect the safety or rights of INSSA, other users of the Services, or third parties.
6 Third Party Content.
The Site 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. 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.
7 Site Updates.
7.1 INSSA may from time to time and in its sole discretion develop and provide updates to the Site, 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.
7.2 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.
8 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.
9.1 You may terminate this Agreement by cancelling your Account in an email sent to us at email@example.com. 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.
9.2 INSSA reserves the right without liability to terminate or restrict this Agreement, your Account, or your access to or use of the Site or 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 Site or 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.
9.3 Upon termination all rights granted to you under this Agreement will terminate; you will cease all use of the Site. Sections 12, 13, 15, 16 and 17 will survive termination of this Agreement.
10 Disclaimer of Warranties.
SUBJECT TO APPLICABLE LAWS AND REGULATIONS, INSSA PROVIDES THE SITE 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 AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, IF ANY—EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO THE SITE. 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 SITE WILL MEET YOUR REQUIREMENTS; 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; OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
11 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, IF ANY, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE 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, IF ANY, FOR THE SITE.
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.
12 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.
You agree to indemnify, defend, and hold harmless INSSA and its officers, directors, employees, agents, affiliates, successors, members, 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 attorneys’ fees) arising from or relating to your use or misuse of the Service or your breach of this Agreement.
14 Arbitration Agreement and Waiver of Class Remedies.
14.1 Arbitration. 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. 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.
The AAA’s rules governing the arbitration may be accessed at HTTPS//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.
14.2 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.
14.3 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. 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.
14.4 Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in Section 16.1 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 consent to exclusive jurisdiction in the District of Columbia for any litigation.
14.5 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.
15 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.
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.
No delay or failure to take action under this Agreement will constitute any waiver by INSSA of any provision of this Agreement.
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.
19 Entire Agreement.