By becoming an IVT Network subscriber you agree to the following Terms of Service:
- As a precondition and requirement to use the services available via the IVT Network website, you, for yourself and for the company or other person(s), if any, you represent “Subscriber” or “Subscribers”, as applicable), hereby accept and agree to be legally bound by these Terms of Service Terms (the “Terms”). These Terms are effective immediately between Subscriber and Advanstar Communications Inc. dba IVT Network, its subsidiaries and affiliates (“IVT Network”). Each Subscriber is subject to these Terms, and by using IVT Network services (collectively, the “Services”), Subscriber agrees to be legally bound by and subject to all terms and conditions contained in these Terms, including all usage policies and other policies herein. To the extent not inconsistent therewith, these Terms are also incorporated into the individual service agreement, if any, of each Subscriber.
- Subscriber represents and warrants that, if an individual, Subscriber is at least 18 years old and otherwise legally competent in all respects to, or, if an entity, Subscriber is a corporation, limited liability company, partnership, or other legal entity duly formed and in good standing, as applicable, and possesses all legal authority and power to accept and be bound by these Terms. Further, Subscriber represents and warrants all information provided by Subscriber to IVT Network has been and is complete, accurate, and current, and that Subscriber shall continue to provide complete, accurate and current information to IVT Network in connection with all registration or renewal processes and further agrees to update all such information as necessary to maintain complete, accurate and current information.
- IVT Network is dedicated to staying abreast of new and available technologies that will better serve our Subscribers. Due to changing technologies, changing laws and the individual and collective needs of our Subscribers, IVT Network reserves the right, in its sole discretion, to change, modify, add or remove all or any part of these Terms at any time with or without notice.
- Subscribers may view the most current version of these Terms at http://www.ivtnetwork.com/. Any use of the Services by Subscriber, after changes, modifications, additions or deletions to these Terms are posted on the IVT Network website, shall constitute Subscriber’s acceptance of all such changes, additions, modifications or deletions. If a Subscriber does not agree to any such alterations to these Terms, the Subscriber’s sole and exclusive remedy is to cancel the Subscriber’s account as set forth below.
- Notwithstanding IVT Network’s right to alter these Terms without prior notice, IVT Network may, within its sole discretion and as a courtesy to all affected Subscribers, make an effort to provide Subscribers with advance notice of any alteration of these Terms if it appears to IVT Network, in its sole discretion, that said alteration may materially and adversely impact said Subscriber’s use of the Services.
TERM - PAYMENT - SUBSCRIPTION RENEWAL
- Term of Service. The term of Subscriber’s subscription to the Services shall be for a period of twelve (12) month commencing upon IVT Network’s receipt of payment in full and Subscriber’s acceptance of these Terms and shall terminate as set forth below.
- Payment. Subscriber agrees to pay all applicable fees for Services in effect at the time of subscription and/or renewal, subject to these Terms as the same may be modified by IVT Network from time to time. In the event a Subscriber requests to be invoiced for a subscription, such Subscriber’s account will not be activated until IVT Network has collected the applicable funds in full. In such case, the Subscriber will be alerted via a thank you email that the Subscriber’s account is available for use.
- Automatic Renewal. Prior to the expiration of Subscriber’s subscription, IVT Network will automatically renew Subscriber’s subscription, for additional and successive twelve (12) month subscription renewal terms, at the then-current, non-promotional subscription rate, by charging the applicable subscription fee to Subscriber’s originally-selected method of payment.
- Cancellation of Automatic Subscription Renewal. To cancel Automatic Subscription Renewal, Subscriber must notify IVT Network of Subscriber’s intent to cancel at least thirty (30) days prior to the subscription expiration date. IVT Network agrees that upon receipt of a Renewal Cancellation Notification under the conditions stated above, no additional charges will be billed to Subscriber, and Subscriber’s account shall expire on the account expiration date.
- Authority. In the event Subscriber is a corporation, limited liability company, partnership, joint venture, other business entity or group of individuals, the person registering for or renewing IVT Network Services on behalf of Subscriber hereby certifies that he/she has the authority to and does hereby bind the corporation, LLC, partners, joint venture or other individuals in this manner and in connection with Subscriber’s acceptance of all other Terms set forth herein.
CANCELLATION OF SERVICES - REFUND POLICY
- Nonrefundable Fees: Fees paid by Subscriber in connection with subscription for IVT Network Services are nonrefundable. Subscriber may cancel its subscription at any time for any reason, provided that Subscriber acknowledges and agrees that Subscriber shall not receive a refund of any portion of the subscription amount paid to IVT Network.
- Chargebacks and Reversals. In the event Subscriber issues a chargeback or reversal of charges, the Subscriber will be responsible for a $50.00 billing service fee.
- IVT Network reserves the right to cancel any Subscriber’s subscription at any time. If this action is taken, refunds are given at the sole discretion of IVT Network.
- Print Subscriptions – The Institution of Technology has gone all digital. Print subscribers automatically become members of IVT Network for the remaining portion of their print subscription. Subscribers are assigned an appropriate level of membership and can access The Journal of Validation Technology and The Journal of Validation Technology online, in addition to supplementary products and other benefits. Please direct any questions to [email protected] or 339-298-2143.
These Terms do not give Subscriber any rights in IVT Network intellectual property or technology. IVT Network and its related trademarks and logos are the exclusive property of IVT Network. Subscriber agrees that it will not, directly or indirectly, reverse engineer or decompile object code or execution code, nor otherwise seek to obtain source code or trade secrets of IVT Network.
SECURITY AND OWNERSHIP
- Site Security. IVT Network uses sophisticated means of security in connection with the Services. Notwithstanding the foregoing, it is exclusively Subscriber’s obligation to maintain and control passwords and Subscriber exclusively is responsible for all activities that occur in connection with Subscriber’s user name and password. Subscriber agrees to immediately notify IVT Network of any unauthorized uses of the Service or any other breaches of security. IVT Network will not be liable for any loss or damages of any kind, under any legal theory, caused by Subscriber’s failure to comply with the foregoing security obligations or caused by any person to whom Subscriber grants access to Subscriber’s Services.
- Site Ownership. IVT Network claims no ownership interest in the content of Subscriber’s web site(s). By submitting content and data to IVT Network, Subscriber grants to IVT Network, its successors and assigns, the worldwide, royalty-free, and nonexclusive license under Subscriber’s copyrights and other rights, if any, in all material and content displayed in Subscriber’s web site to use, distribute, display, reproduce, and create derivative works from such material in any and all media, in order to maintain such content on IVT Network’s servers during the term of these Terms. Subscriber also authorizes the downloading and printing of such material, or any portion thereof, by end-users for their personal use. This license shall terminate upon Subscriber’s cancellation of the Services.
- Breach of Terms and Account Termination. The uses of IVT Network Services set forth below are prohibited. Engaging in any prohibited use as set forth herein by Subscriber or by any affiliate or subscriber of Subscriber ( as determined in the sole discretion of IVT Network) constitutes a material breach of these Terms and will subject Subscriber’s account and subscription to immediate termination without notice.
- Prohibited Offerings. No Subscriber may utilize the Services to provide, sell or offer to sell the following: controlled substances; illegal drugs and drug contraband; weapons; pirated materials; instructions on making, assembling or obtaining illegal goods or weapons to attack others; information used to violate the copyright(s) of, violate the trademark(s) of or to destroy others’ intellectual property or information; information used to illegally harm any people or animals; pornography, nudity, sexual products, programs or services; escort services or other content deemed adult related.
- Profanity. Profanity or profane subject matter in the site content is prohibited.
- Private Information and Images. Subscribers may not post or disclose any personal or private information about or images of children or any third party without the consent of said party (or a parent’s consent in the case of a minor).
- Violations of Intellectual Property Rights. Any violation of any person’s or entity’s intellectual property rights, rights of privacy, rights of publicity or other personal rights is prohibited. IVT Network is required by law to remove or block access to content appearing on or through the Services upon receipt of proper notice of copyright infringement (see Copyright Infringement Notice Information below).
- Misrepresentation of Transmission Information. Forging, misrepresenting, omitting, or deleting message headers, return mailing information and/or Internet protocol addresses to conceal or misidentify the origin of a message is prohibited.
- Viruses and Other Destructive Activities. Use of the Services for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any Subscriber to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use the Services (or any connected network, system, service or equipment) or conduct their business over the Internet.
- Hacking. Hacking and related activities are prohibited. Hacking includes, but is not limited to, the following activities: illegally or without authorization, accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans, and other activities designed to assist in hacking.
- Anonymous Proxies. IVT Network does not allow the use of anonymous proxy scripts on its servers. They can be very abusive to the server resources, affecting all users on that server.
- Export Control Violations. The exportation of encryption software outside of the United States and/or violations of United States law relating to the exportation of software is prohibited. Subscriber may not export or transfer, directly or indirectly, any regulated product or information to anyone outside the United States without complying with all applicable statues, codes, ordnances, regulations, and rules imposed by U.S. federal, state or local law, or by any other applicable law.
- Child Pornography. The use of the Services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. IVT Network is required by law to, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, the Services.
- Other Illegal Activities. The use of the Services to engage in any activity that is determined by IVT Network, in its sole and absolute discretion, to be illegal is prohibited. Such illegal activities include, but are not limited to (i) collecting information on IVT Network users including email, phone, and personal information; (ii) attempting to gain access to or hacking the account of another IVT Network user; (iii) adding legal or proprietary rights or notices to any content submitted by an IVT Network user; (iv) making available via the IVT Network any files containing materials that the applicable IVT Network user does not own or control, or has not secured the necessary licenses to, all intellectual property rights, rights of privacy and publicity in and to; (v) preparing, compiling, using, downloading or otherwise copying any content on the IVT Network site for the benefit of any third party, whether for a fee or not; (vi) storing, posting, displaying, transmitting or otherwise making available Ponzi or pyramid schemes; (vii) fraudulently charging credit cards or displaying credit card information of third parties without their consent, and failure to comply with applicable on-line privacy laws. IVT Network will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the Services.
- Obscene, Defamatory, Abusive or Threatening Language. Use of the Services to store, post, transmit, display or otherwise make available obscene, defamatory, harassing, abusive or threatening language is prohibited.
- Other Activities. Engaging in any activity that, in IVT Network’s sole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with, or be harmful to) the Services, IVT Network’s business, operations, reputation, goodwill, Subscribers and/or Subscriber relations, or the ability of IVT Network’s Subscribers to effectively use the Services is prohibited. Such prohibited activities include making available any program, product or service that is designed to or could be used to violate these Terms. In addition, the failure of Subscriber to cooperate with IVT Network in correcting or preventing violations of these Terms by, or that result from the activity of, a subscriber, patron, customer, invitee, visitor, or guest of the Subscriber constitutes a violation of these Terms by Subscriber.
- Promotional Pricing. IVT Network may periodically offer free or discounted services or credits in connection with a promotional offer. Such promotional offers are honored only in connection with the specific promotional package to which they apply and will not be applied after the transaction has already taken place. In the event a Subscriber changes his/her/its subscription to a subscription to which a promotional offer does not apply, Subscriber will forfeit any unused free credits offered under the promotional packaged and IVT Network will charge Subscriber the prevailing fees for any free credits redeemed by Subscriber under the promotional package.
- Monitoring and Disclosures. All activities occurring on, in, and/or via the Services may be monitored, recorded, and examined by any authorized person, including as well law enforcement. In general, IVT Network does not monitor its Subscribers’ activities to determine whether they are in compliance with these Terms. However, when and if IVT Network becomes aware of any violation of these Terms, IVT Network may take any lawful action, and in the event of illegal activity, will take action, to stop or correct such violation. In addition, IVT Network may take any lawful action against a Subscriber or a subscriber, patron, customer, invitee, visitor, or guest of such Subscriber because of the activities of such subscriber, patron, customer, invitee, visitor, or guest. IVT Network reserves the right to take any such action even though such action may affect other subscribers, patrons, customers, invitees, visitors, or guests of the Subscriber. IVT Network may disclose any information in its possession, including, without limitation, information about Subscribers, internet transmissions and website activity in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, governmental request, or other legal process to protect IVT Network or others from harm, and/or to ensure the proper operation of the Services. IVT Network has no obligation to notify any person, including the Subscriber about whom information is sought, that IVT Network has provided the information.
- Accurate Account Information. Subscriber must continually update and keep accurate and current Subscriber’s contact information stored and saved on IVT Network in order to avoid termination of Subscriber’s IVT Network account(s).
- Duty to Notify IVT Network of Breach. If Subscriber discovers anyone on the IVT Network system violating any of these Terms or notices anything suspicious from the IVT Network, Subscriber agrees to report the violation or suspicious activity to IVT Network for investigation. IVT Network reserves the right to and will immediately terminate any account which IVT Network concludes to be in violation of any of these Terms.
- Reservation of Rights. IVT Network reserves the right to refuse and cancel service to any Subscriber for any lawful reason at any time.
- Governing Law. These Terms shall be governed by the laws of the Commonwealth of Massachusetts without reference to conflict of law principles. The United Nations Convention on the International Sale of Goods shall not apply and is hereby expressly excluded.
WARRANTY DISCLAIMER - LIMITATIONS - INDEMNIFICATION
YOU, THE SUBSCRIBER, ACKNOWLEDGE THAT THE SERVICES ARE PROVIDED AS IS, AS AVAILABLE WITHOUT ANY WARRANTY OF ANY KIND. IVT NETWORK HEREBY DISCLAIMS ANY WARRANTY OR CONDITION WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE SERVICES OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE SERVICES OR THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES MAY CONTAIN ERRORS. NO ADVICE OR INFORMATION GIVEN BY IVT NETWORK OR IVT NETWORK’S REPRESENTATIVES INCLUDING, WITHOUT LIMITATION, SUBSCRIBER SUPPORT REPRESENTATIVES, SHALL CREATE A WARRANTY. IVT NETWORK DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OF COMPUTER PROGRAMS AND CONTENT. IVT NETWORK DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO USE THE SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING. IVT NETWORK DOES NOT WARRANT THAT THE SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE IS COMPATIBLE WITH ANY SERVICE OR THE IVT NETWORK IN PARTICULAR.
Limitations on IVT Network’s Liability.
IVT NETWORK SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT SHALL IVT NETWORK BE LIABLE UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT IVT NETWORK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. IVT NETWORK SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. IVT NETWORK’S ENTIRE LIABILITY AND SUBSCRIBER’S EXCLUSIVE REMEDY WITH RESPECT TO ANY USE OF THE SERVICES IS THE CANCELLATION OF SUBSCRIBER’S ACCOUNT AS SET FORTH HEREIN. IN NO EVENT SHALL IVT NETWORK’S LIABILITY TO YOU, THE SUBSCRIBER, EXCEED THE GREATER OF ONE DOLLAR ($1.00) OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU, THE SUBSCRIBER, TO IVT NETWORK FOR THE PRIOR ONE MONTH PERIOD. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS OR OUT OF THE SERVICES MAY BE BROUGHT BY YOU, THE SUBSCRIBER, MORE THAN ONE YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION . SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY AND, IN SUCH JURISDICTIONS, IVT NETWORK’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Indemnification of IVT Network.
You, the Subscriber, agree to defend, indemnify and hold IVT Network, its affiliates and its sponsors, partners, other co-branders and the respective directors, officers and employees of each harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys’ fees and court costs) arising out of or relating to your breach of any of these Terms or use by you or any third party of the Services, except to the extent the foregoing directly result from IVT Network’s own gross negligence or willful misconduct. IVT Network reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, the Subscriber.
PROHIBITED PERSONS (COUNTRIES, ENTITIES, AND INDIVIDUALS)
- Sanctioned Countries. The government of the United States of America, through various of its offices and agencies, including but not limited to, through one or more Executive Orders of the President of the United States, through rules and regulations of the United States Department of State, Department of the Treasury, and Department of Commerce, has determined that, with respect to all or certain commercial activities that would otherwise occur between i) the United States, its citizens or residents on the one hand and ii) the governments, citizens, or residents of certain other countries Sanctioned Countries on the other hand, said commercial activities are to be prohibited, embargoed, sanctioned, banned, and/or otherwise excluded. Sanctioned Countries presently include, among others, Balkans, Belarus, Burma, Cote d’Ivoire (Ivory Coast), Cuba, Democratic Republic of the Congo, Iran, Iraq, former Liberian Regime of Charles Taylor, North Korea, Sudan, Syria, and Zimbabwe. Sanctioned Countries shall be deemed automatically to be added to or otherwise modified from time to time consistent with the determination(s) of the government of the United States, and shall include all other countries with respect to which commercial activities are prohibited, embargoed, sanctioned, banned and/or otherwise excluded by determination(s) of the government of the United States from time to time.
- Each Sanctioned Country, all governmental, commercial, or other entities located therein, and all individuals located in any Sanctioned Country are hereby prohibited from registering or signing up with, subscribing to, or using any service of IVT Network.
- Each individual which is a National or Citizen of a Sanctioned Country is hereby prohibited from registering or signing up with, subscribing to, or using any service of IVT Network, regardless of where said individual is located.
- Prohibited Organizations/Entities. The government of the United States of America, through various of its offices and agencies, including but not limited to, through one or more Executive Orders of the President of the United States, through rules and regulations of the United States Department of State, Department of the Treasury, and Department of Commerce, has determined that certain organizations and/or entities (collectively Prohibited Organizations/Entities and individually Prohibited Organization/Entity) are to be prohibited, embargoed, sanctioned, banned, and/or otherwise excluded from all or certain commercial transactions with the United States, its citizens and residents. The Prohibited Organizations/Entities are those as set forth in the applicable records of the government of the United States, including without limit those set forth at: http://www.ustreas.gov/ofac; and, http://www.ustreas.gov/offices/enforcement/ofac/programs/terror/terror.pdf, as said determinations and resulting records may be amended, updated, or otherwise modified from time to time.
- Each Prohibited Organization/Entity is hereby prohibited from registering or signing up with, subscribing to, or using any service of IVT Network.
- Prohibited Individuals. The government of the United States of America, through various of its offices and agencies, including but not limited to, through one or more Executive Orders of the President of the United States, through rules and regulations of the United States Department of State, Department of the Treasury, and Department of Commerce, has determined that certain individuals (collectively Prohibited Individuals and individually Prohibited Individual), including without limit, certain Specially Designated Nationals are to be prohibited, embargoed, sanctioned, banned, and/or otherwise excluded from all or certain commercial transactions with the United States, its citizens and residents. The Prohibited Individuals are those as set forth in the applicable records of the government of the United States, including without limitation those set forth at: http://www.ustreas.gov/ofac and, http://www.ustreas.gov/offices/enforcement/ofac/programs/terror/terror.pdf, as said determinations and resulting records may be amended, updated, or otherwise modified from time to time.
- Each Prohibited Individual is hereby prohibited from registering or signing up with, subscribing to, or using any service of IVT Network.
IF YOU, FOR YOURSELF OR ON BEHALF OF ONE OR MORE PERSONS YOU ARE REPRESENTING WITH RESPECT TO IVT NETWORK SERVICES, DO NOT AGREE TO ANY OF THE FOREGOING TERMS, YOU MUST, FOR YOURSELF AND ON BEHALF ANY SUCH PERSON(S), DISCONTINUE THE REGISTRATION PROCESS, DISCONTINUE YOUR USE OF THE SERVICES, AND, IF YOU ARE ALREADY A MEMBER, CANCEL YOUR IVT NETWORK ACCOUNT. BEGINNING NOW, ANY CONTINUATION BY YOU IN USING THE SERVICES CONSTITUTES FOR YOU AND THOSE REPRESENTED BY YOU AN EXPRESS AFFIRMATION AND COMMITMENT TO BE (OR TO CONTINUE TO BE, AS APPLICABLE) LEGALLY BOUND BY AND TO COMPLY WITH ALL OF THESE TERMS.