CMS Association Master Terms of Service Policy
Revision Date: October 1, 2012
THE FOLLOWING DESCRIBES THE TERMS ON WHICH CMS Association (“CMSA”) OFFERS YOU ACCESS TO OUR WEBSITE, NETWORK, PLATFORM AND SERVICES (the “Platform”):
Welcome to the CMS Association. We provide our Platform and websites (including CMSAssociation.com, CMSExpo.net, CMSConnection.com, CMSStore.com, CMSLaunchpad.com, JoomlaChicago.com, etc) platforms, tools, network and services (together, the "Platform") to you subject to the terms of service set forth in this Terms of Service Agreement (the "Agreement").
The CMSA Platform and CMS Expo Learning and Business Conference is intended for use by web content designers, developers and businesspeople for personal and professional development purposes. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material, including code and software, from the Platform. The Platform is owned and operated by CMS Association Inc. (“CMSA”) and contains material that is protected by international copyright, trademark and other intellectual property laws.
A. CMSA General Terms of Service
Our Platform provides our users with a variety of resources to for personal and professional development, and networking purposes, including meetings, events, conferences, virtual tutorials and online repository. You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our Platform, including without limitation your participation in or involvement with any one of CMSA offerings and events, and your submission of acceptable Public Information (as defined in Section 4 ("Your Information"). You also agree to comply with all applicable laws, statutes, ordinances and regulations regarding the transmission of technical data exported from the United States or the country in which you reside.
2.1 Eligibility. Unless otherwise specified, our Platform is available to all individuals who are at least 18 years of age; timely and full payment is required to be considered a CMSA Member in good standing, granting Members access to certain CMSA Events and Community Areas, Groups, etc. Platform is not available to any temporarily or indefinitely suspended CMSA users. By registering to use our Platform, you represent and warrant that you are at least 18 years of age. Additional eligibility requirements for a particular CMSA group or service offering may be set by the organizer of a CMSA Group ("Organizer"). We have the right, in our sole discretion, to suspend or terminate your use of our Platform and refuse any and all current or future use of all or any portion of our Platform.
2.2 Password and Security. If we introduce a new service, we will establish and notify you of the need for a password. Once you have been give access to a password process, you agree to maintain the confidentiality of your password, and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that CSMA cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2.2.
3. Fees and Payments
3.1 General. General public access to our website and use of selected features of the Platform is free. Access to certain areas and selected features of our Platform is accessible by paid Conference Attendees, Speakers, Sponsors and Organizers. CMSA may charge fees for various premium features and services that we offer, and we will notify you of those charges at the time that we offer you the premium features or services. We may, in our sole discretion, and by notifying you on our website, change this policy and begin charging for access to our website and other features and services, and we may, in our sole discretion, add, remove or change the features and services we offer or the fees (including the amount or the type of fees) we charge at any time. If we introduce a new service, we will establish and notify you of the fees for that service at the launch of the service. If we notify you of new fees or change the fees for an existing service, you agree to pay all fees and charges specified and all applicable taxes for your continued use of the applicable service. We are not responsible for any charges or expenses you incur resulting from being billed by us in accordance with these Terms of Service (e.g., overdrawn accounts, exceeding account limits, etc.).
3.2 Promotions; Discounts and Coupon Codes. We may from time to time offer promotions where we may discount or waive certain event or membership fees, subscriptions, products, services, or other fee-based products or services. We may offer coupon codes as a mechanism for processing a discount or credit. Coupon codes have no cash value, are not retroactive, and unless specified, are non-transferable and expire within 30 days of date of issue. Any and all discounts and promotional codes, unless otherwise specified, may not be combined with other discounts or promotions, meaning only one valid promotion or discount, etc., may be used per-transaction.
3.3 Refund policy for the CMS Expo Learning & Business Conference. If you have any questions, don't hesitate to call the CMS Association at (888) 804-9525.
Attendee Registration Refunds: If you cancel your Attendee Registration for any reason you must notify the CMS Expo Conference Team in writing no less than 90 days prior to the conference for a refund, less a $50 processing fee. Cancellations must be requested in writing, either by fax, email or postal mail. Cancellations less then 90 days prior are non-refundable.
Deposit Refunds: Deposits for Attendee Seat Registration(s) are fully refundable until February 1st, 2013. The remaining balance for your Seat Registration is due on or by February 1st, 2013. Any unpaid seats will be released to the general public as of February 2nd, 2013. After February 1st, 2013, Seat Registration deposits are non-refundable, whether or not a registration is purchased.
Transfers: You may transfer your registration to another person prior to 30 days of the event and both parties must contact the conference team in writing. Upon transfer, registration is non-refundable.
Confirmed and paid Registrants who do not attend, or who cancel after the deadline, are liable for the entire Registration Fee. Any registration, reservations or fees paid to a third party (i.e. hotel, tourism destination) is governed by its own refund policy; CMS Association will not be held liable for any fees forfeited.
Sponsorships: Sponsor deposits are non-refundable, so long as a sponsor level is available to the prospective sponsor (Diamond, Gold, Silver, CMS Showcase, etc.). A deposit does NOT assume any contract is in place between the CMS Expo (CMS Association) and the Sponsor. The contract supercedes these terms and conditions.
When contacting the Conference Team, please include the following information:
1. Event Name & Date
2. Your Confirmation Information
3. Registrant Name
4. Company Name
5. Payment Method
CMSA Contact Information:
CMS Expo Conference Team
3620 Wisteria Drive
Crystal Lake, IL
Phone: (888) 804-9525
Email CMS Expo
3.4 Consent to Disclosure By Law. You acknowledge and agree that CMSA may disclose Your Information (as defined in Section 4) if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to:(a) comply with a current judicial proceeding, a court order or legal process served on us or our website, (b) enforce this Agreement, (c) respond to claims that Your Information violates the rights of third parties; (d) protect the rights, property or personal safety of CMSA, its employees, users and the public; or (e) enable the transfer or sale to another entity of all or substantially all of our stock or assets in the line of business to which this Agreement relates, or upon any other corporate reorganization, subject to the promises made in this Agreement. We also may disclose any information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or that we believe may expose us or you to legal liability.
4. Your Information
4.1 Definition. "Your Information" is defined as any information post or other material you provide (directly or indirectly), including through the registration process for and event, social or business network, or through the use of our Platform, in any public message board (including the personal introduction section of any one of our groups, or paid services of the CMSA network of websites) or through email. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of your Public Information (as defined below, Section C).
Any of Your Information that, through the use of our Platform or otherwise, you submit or make available for inclusion on publicly accessible areas of our website is referred to as "Public Information" (your name (if provided), company and location are considered Public Information); any other portion of Your Information shall be referred to as "Private Information." "Publicly accessible" areas of our website are those areas that are available either to some or all of our members (i.e., not restricted to your viewing only) or to the general public.
You should understand that your Public Information may be accessible by and made public through syndication programs (including data feed tools) and by search engines, metasearch tools, crawlers, metacrawlers and other similar programs.
4.2 Restrictions. In consideration of your use of our Platform, you agree that Your Information:
(a) shall not be fraudulent;
(b) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
(c) shall not violate any law, statute, ordinance or regulation;
(d) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
(e) shall not be obscene or contain, pornography, child pornography, or photographs of unclothed person(s);
(f) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
(g) shall not create liability for us or cause us to lose (in whole or in part) the services of our Internet Service Providers / Hosters or other suppliers;
(h) shall not link directly or indirectly to any materials to which you do not have a right to link to or include.
In addition, you agree that you will provide us with your valid, current email address, both at the time of your registration with us and from time to time as your email address changes.
5. Use of Platform
5.1 Control. You, and not CMSA, are entirely responsible for all of your Public Information that you upload, post, email, transmit or otherwise make available via our Platform. Unless in the case of a breach of CMSA policy, CMSA does not control your Public Information or the Public Information of or posted by other users and do not guarantee the accuracy, integrity or quality of Your Information or the Information of or posted by other users. Nor do we endorse any opinions expressed by you or other users. You understand that by using our Platform, you may be exposed to information that is offensive, indecent or objectionable. We do not have any obligation to monitor, nor do we take responsibility for, Your Information, Public Information or information of or posted by other users. You agree that under no circumstances will CMSA, its directors, officers, shareholders, employees, consultants, agents, advisers, affiliates, subsidiaries or its third-party partners be liable in any way for any information, including, but not limited to, for any errors or omissions in Your Information or the Information of or posted by other users, or for any loss or damage of any kind incurred as a result of the use of Your Information or Information of or posted by other users posted, emailed, transmitted or otherwise made available in connection with our Platform, or for any failure to correct or remove information.
5.2 API License. Subject to the terms and conditions of this Agreement, CMSA grants you a limited, non-exclusive, non-transferable, non-sublicensable license to use any application programming interface ("API") that CMSA makes available via the Platform for the sole purpose of integrating or making available Public Information on another web site. CMSA reserves all rights not expressly granted under this Agreement.
5.3 Grounds for Removal, Sanction and/or Suspension. Notwithstanding any other provision of this Agreement, the following types of actions are cause for immediate removal, repeal and/or suspension or termination of your account:
(a) The use of our Platform to (including, without limitation, eligibility requirements):
(i) harm or intimidate another person in any way, including restricting or inhibiting any other user from using our Platform;
(ii) impersonate any person or entity (including CMSA / CMSA, our staff and other members), or falsely state or otherwise misrepresent your affiliation with any person, through the use of similar email addresses, nicknames, or creation of false account(s) or any other method or device;
(iii) disguise the origin of any Public Information that is transmitted to any third party;
(iv) "stalk" or otherwise harass another;
(v) advertise merchandise, auctions, services or commercial websites, including offers to trade or charitable solicitations unrelated to the topic or spirit of the CMSA group or discussion;
(vi) resell Public Information or access to Public Information;
or (vii) collect or store personal data about other users or members;
(b) Posting any Public Information or other material:
(i) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, intimidating, vulgar, obscene, profane, libelous, invasive of another's privacy (including the posting of private emails or contact information about another individual), hateful, or racially, ethically or otherwise objectionable, including any Public Information or other material that may be considered hate speech;
(ii) that is obscene, pornographic or adult in nature;
(iii) that you do not have a right to make available under any law or under contractual or fiduciary relationships;
(iv) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party or rights of publicity or privacy;
(v) that is unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation (including, but not limited to, "spam," "junk mail," and "chain letters");
(vi) that is inappropriate, posted in bad faith, or contrary to the spirit of any CMSA Group; or
(vii) that uses the Platform primarily as a lead generator or listing service for another website;
(c) Encouraging others to violate this Agreement;
(d) Refusing to follow CMSA staff or its official representative’s instruction or direction;
(e) Violation (intentional or unintentional) of this Agreement, or of any applicable local, state, national or international law, statute, ordinance or regulation;
(f) Disclose the Private Information of any member, user or event/conference attendee without the permission of that member; or
(g) Transmit money to CMSA or any of its official representatives through financial accounts that are stolen, fraudulent or otherwise unauthorized.
(h) Non-payment or untimely payment for any fees associated with Membership (dues, subscriptions, etc).
Also, your posting of other inappropriate actions, Public Information or other materials may also warrant removal and/or suspension from our website and/or live events. CMSA reserves the right to remove any post or other material without warning or further notice. While we prohibit such conduct and content, you understand and agree that you nonetheless may be exposed to such conduct or content and that you use the Platform and attend CMSA events or meetings at your own risk.
For purposes of this Agreement, "posting" includes uploading, posting, emailing, transmitting or otherwise making available. Without limiting the foregoing, CMSA and its designees shall have the right to remove any Public Information or other material that violates this Agreement or is otherwise objectionable.
5.4 Interference with Platform. You agree that you will not:
(a) upload, post, email, or otherwise transmit any computer routines, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(c) take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or
(d) copy, reproduce, alter, modify, or publicly display any information displayed on our website (except for Your Information), or create derivative works from our website (other than from Your Information), to the extent that such action(s) would constitute copyright or trademark infringement or otherwise violate the intellectual property rights of CMSA or any other third party, except with the prior written consent of CMSA or the appropriate third party.
5.5 General Practices Regarding Use of Platform. You acknowledge and agree that we may establish general practices and limits concerning the use of our Platform. You agree that we have no responsibility or liability for the storage or the deletion of, or the failure to store or delete, any of Your Information. You acknowledge that we reserve the right to log off users who are inactive for an extended period of time. In addition, you acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
6. Gatherings: Meetings and Events
6.1 Gatherings. Outside of the annual “CMS Expo” conference and other specified events and conferences, through our Platform, we provide tools that enable our users to arrange physical meetings and events (“Gatherings”). In many cases, though CMSA provides the means for Organizers to arrange for and conduct Gatherings, CMSA does not supervise these Gatherings and are not involved in any way with the actions of any individuals at these meetings. As a result, CMSA has no control over the identity or actions of the individuals who are present at these Gatherings and we request that our users exercise caution and good judgment when attending these Gatherings. This applies to goings on within CMSA online Community Areas, such as CMS Groups. See more details in the “CMSA Code of Conduct” policy statement.
6.2 Release. Because CMSA does not supervise or control the Gatherings or interactions among or between members and other persons or companies, including our online Community Areas, and because we are not involved in any way with physical transportation to or from Gatherings or with the actions of any individuals at Gatherings, and because we do not control Amazon.com, PayPal, credit card companies or other payment processing companies, and because we cannot guarantee the true identity, age, nationality of Platform users, and because we have very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Platform you agree that you bear all risk and you agree to release CMSA (and our officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) and Organizers and their designees from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the Platform, your Third Party Transactions, our resolution of any disputes among users, and/or your transportation to or from, attendance at, or the actions of you or other persons at, a Gathering. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. You waive and relinquish all rights and benefits which you have or may have under Section 1542 of the Civil Code of the State of California or any similar provision of the statutory or non-statutory law of any other jurisdiction (including without limitation the states of Missouri, Delaware and Pennsylvania) to the full extent that you may lawfully waive all such rights and benefits.
7. Communications from CMSA and Members of the CMSA Community
7.2 Communications with Members of the CMSA Network and CMSA Community. By joining CMSA and/or participating in a CMSA live or online event, you understand and agree that you may receive communication from CMSA and their designees in the normal course of utilizing our Platform. Messages will be relayed to your email address through our Platform, which does not disclose your email address.
7.4 Use of Pop-up Windows. CMSA will not launch pop-up windows to advertise third-party products or services.
7.5 Other Users. We do not control the information provided by other users, which is made available through our system. You may find other users' information to be offensive, harmful, inaccurate or deceptive. Please use caution and common sense when using our website. Please note there is a risk that you may be dealing with underage persons or people acting under false pretense.
We may provide, or third parties may provide, links to other websites or resources. Because we have no control over such websites or resources, you acknowledge and agree that we are not responsible for the availability of such websites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You also acknowledge and agree that CMSA 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 the use of or reliance on any such content, goods or services available on or through any such websites or resource.
10. Dealings with Marketing Partners and Third Parties
Your correspondence or business dealings with, or participation in promotions of, marketing partners or other third parties found on our website or through our Platform, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such marketing partner or other third party. You agree that CMSA shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such marketing partners or other third parties on our website or located through the use of our Platform.
You agree to indemnify and hold CMSA and our officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries and third-party partners harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of your representations and warranties or this Agreement or the documents it incorporates by reference, your use of our Platform, Your Information, your violation of any law, statute, ordinance or regulation or the rights of a third party, or your participation in CMSA events. You agree to indemnify and hold us and our officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries and third-party partners harmless from any claim or demand, including reasonable attorneys' fees.
12. Warranties and Liability
12.1 Disclaimer of Warranties. Your use of our Platform is at your sole risk. Our Platform is provided to you "as is" and on an "as available" basis. We specifically disclaim all warranties and conditions of any kind, whether express, implied or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We disclaim any warranties regarding the security, reliability, timeliness, and performance of our Platform. We disclaim any warranties for any information or advice obtained through our Platform. We disclaim any warranties for services or goods received through or advertised on our Platform or received through any links provided by our Platform, as well as for any information or advice received through any links provided through our Platform.
In addition, no advice or information (oral or written) obtained by you from us shall create any warranty. You understand and agree that you download or otherwise obtain material or data through the use of our Platform at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download of such material or data.
12.2 Limitation of Liability. You agree that in no event shall CMSA be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if CMSA has been advised of the possibility of such damages), arising out of or in connection with our Platform or this Agreement or the inability to use our Platform (however arising, including negligence), arising out of or in connection with Third Party Transactions or arising out of or in connection with your use of our Platform or transportation to or from CMSA Gatherings , attendance at CMSA events, participation in or exclusion from CMSA Groups or events, and the actions of you or others at CMSA Gatherings.
12.3 Exclusions. Some jurisdictions do not allow the exclusion or limitation of certain warranties or of incidental or consequential damages. Accordingly, some of the limitations in this Section 11 may not apply to you.
13. Dispute Resolution
CMSA believes in individual freedom of speech, and CMSA will take reasonable efforts to engage individual and collective participation in making policy decisions, and resolve differences amicably (including arbitration, as stated in our General Terms & Conditions); however, CMSA reserves the right to make the final determination of what is appropriate or not in regards to use of CMSA Platform, and to take any appropriate action as deemed necessary.
13.1 Process. The parties will attempt in good faith to resolve through negotiation any dispute, claim or controversy arising out of or relating to this Agreement including the documents it incorporates by reference, your use of our Platform, Your Information, your violation of any law or the rights of a third party, or your participation in CMSA Gatherings (whether the dispute, claim or controversy is due to or arising out of your transportation to or from, attendance at, or the actions of you or other users at CMSA Gatherings). In the event that the dispute, claim or controversy is not resolved by these negotiations, the matter will be submitted to Judicial Arbitration and Mediation Services, Inc. (a.k.a. "JAMS"), or its successor, for mediation pursuant to Section 13.3, and if the matter is not resolved through mediation, then it shall be submitted to JAMS, or its successor, for final and binding arbitration pursuant to Section 13.4. Nonetheless, legal action taken by CMSA to collect any fees and/or recover damages for, or obtain an injunction relating to, our website operations, intellectual property or our Platform, shall not be submitted to mediation or arbitration except as otherwise agreed to in writing by CMSA. In addition, either you or CMSA may seek any interim or preliminary relief from a Court of competent jurisdiction in McHenry County or Cook County, Illinois necessary to protect the rights or property of you or CMSA pending the completion of arbitration.
13.2 Negotiation. Either party may initiate negotiations by providing written notice in letter form to the other party, setting forth the subject of the dispute and the relief requested. The recipient of such notice will respond in writing within fifteen (15) business days with a statement of its position on and recommended solution to the dispute. If the dispute is not resolved by this exchange of correspondence, then representatives of each party with full settlement authority will meet in person or otherwise at a mutually agreeable time and place within thirty (30) business days of the date of the initial notice in order to exchange relevant information and perspectives, and to attempt to resolve the dispute.
13.3 Mediation. Either party may commence mediation by providing to JAMS and the other party a written request for mediation, setting forth the subject of the dispute and the relief requested. The parties will cooperate with JAMS and with one another in selecting a mediator from JAMS' panel of neutrals, and in scheduling the mediation proceedings. The parties agree that they will participate in the mediation in good faith, and that they will share equally in its costs. All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator or any JAMS employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation. Either party may initiate arbitration with respect to the matters submitted to mediation by filing a written demand for arbitration at any time following the initial mediation session or forty-five (45) days after the date of filing the written request for mediation, whichever occurs first. The mediation may continue after the commencement of arbitration if the parties so desire. Unless otherwise agreed by the parties, the mediator shall be disqualified from serving as arbitrator in the case.
13.4 Arbitration. The parties agree that any and all disputes, claims or controversies arising out of or relating to this Agreement that are not resolved by their mutual agreement by negotiation or mediation under Sections 13.2 and 13.3 shall be submitted to final and binding arbitration before JAMS, or its successor, pursuant to the United States Arbitration Act, 9 U.S.C. Sec. 1 et seq. Either party may commence the arbitration process called for in this Agreement by filing a written demand for arbitration with JAMS, with a copy to the other party. The arbitration will be conducted in accordance with the provisions of JAMS' Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration. The parties will cooperate with JAMS and with one another in selecting an arbitrator from JAMS' panel of neutrals, and in scheduling the arbitration proceedings. The parties covenant that they will participate in the arbitration in good faith, and that they will share equally in its costs.
13.5 Enforcement. The provisions of Sections 13.3 and 13.4 may be enforced by any Court of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including attorneys fees, to be paid by the party against whom enforcement is ordered.
13.6 Notice; Waiver. By agreeing to this Agreement you have, except as otherwise specified in Section 13.1, all disputes, claims or controversies arising out of or relating to this Agreement decided by negotiation, neutral mediation and/or neutral arbitration as provided in this Section 13, and you are giving up any rights you might possess to have those matters litigated in a court or jury trial. Also, by agreeing to this Agreement you are giving up your judicial rights to discovery and appeal except to the extent that they are specifically provided for under this Agreement. If you refuse to submit to arbitration after agreeing to this provision, you may be compelled to arbitrate under federal or state law. Your agreement to this arbitration provision is voluntary.
We reserve the right at any time or times to modify or discontinue, temporarily or permanently, all or any portion of our Platform with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or termination of our Platform.
15. Termination; Breach
You agree that we, in our sole discretion, may issue a warning, temporarily suspend, indefinitely suspend, remove content or information you have posted, or terminate your account your status as a particular CMSA Group or Organizer, or your ability to use all or any portion of our Platform (including any APIs), for any reason, including, without limitation, (a) for lack of use, (b) if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement or the documents or agreements it incorporates by reference, (c) if we are unable to verify or authenticate any information you provide to us, or (d) if we believe that your actions may cause legal liability for you, our users or us.
You agree that any termination of your account or access to all or any portion of the Platform under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or our Platform. You also agree that we shall not be liable to you or any third party for any termination of your use of or access to all or any portion of the Platform. Termination or suspension of your use of our Platform in violation of Section 4.2 will not result in refunds of membership fees or event fees paid, if any, and you will forfeit the remaining period of your paid membership, if any.
16. Intellectual Property
16.1 CMSA's Intellectual Property. CMS Association trademarks and service marks, and other CMSA-related logos, products and service names, are legal trademarks belonging to CMS Association Inc. Except as otherwise permitted by law, you agree not to display or use in any manner the CMSA Trademarks without CMSA's expressed, prior written consent.
16.2 Copyrights and Trademarks of Others. CMSA respects the intellectual property of others, and we ask our users to do the same. To the extent CMSA uses a trademark that is the property of a third party, CMSA shall provide clear notice to anyone viewing CMSA's use of that trademark that (a) CMSA does not own the trademark and that the trademark is the property of a third party, (b) CMSA has no affiliation, connection or association with that third party, and (c) if applicable, that third party has not approved or sponsored CMSA's use of the trademark in any way.
CMSA may, in appropriate circumstances and in our sole discretion, remove, or disable access to, material that may infringe on the rights of others. Additionally, CMSA reserves the right to terminate access to our Platform to those who do not abide by this.
16.3 Recourse. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent the following information: 1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; 2. a description of the copyrighted work or other intellectual property that you claim has been infringed; 3. a description of where the material that you claim is infringing is located on the site; 4. your address, telephone number, and email address; 5. 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; 6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Our Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
CMS Association Inc.
3620 Wisteria Drive
Crystal Lake, IL 60012
By phone: (888) 804-9525
By fax: 815-455-2975
By email: lcoonen [at] cmsassociation.com
17. No Resale
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of CMSA’s Platform, use of the Platform, or access to the Platform for any sales of goods or services, or promotion of a company, good, or service unrelated to the topic or spirit or the CMSA / CMSA Network.
18. Additional Terms
18.1 Notices. Except as otherwise stated in this Agreement or as expressly required by local law, any notice to us shall be given by certified postal mail to CMS Association Inc., Attn: Legal Department, 3620 Wisteria Dr; Crystal Lake, IL 60012, and any notice to you shall be given to the email address that you provided us during the registration process. Notice shall be considered given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Notice given by postal mail shall be considered given three (3) days after the date of mailing.
18.2 Entire Agreement. This Agreement constitutes the entire agreement between you and CMSA, superseding any prior agreements between you and CMSA. To the extent that you have previously registered with CMSA and provided Your Information, this Agreement now governs how CMSA may use Your Information, whether provided in the past or the future.
18.3 No Agency. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and CMSA is intended or created by this Agreement.
18.4 Governing Law. Except as expressly provided in this Section, (a) this Agreement and the relationship between you and CMSA shall be governed by the laws of the State of Illinois without regard to its conflict of laws provisions, as such laws are applied to agreements entered into and to be performed entirely within Illinois between Illinois residents, and (b) you and CMSA agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Illinois.
18.5 Assignment. You agree that this Agreement, all rights herein, and all incorporated agreements may be automatically assigned by CMSA, in our sole discretion, to one or more third parties in the event of a merger, acquisition, corporate reorganization, sale of all or substantially all of CMSA's assets, or similar transaction.
18.6 No Guaranty. We do not guarantee continuous, uninterrupted or secure access to our Platform, and operation of our website may be interfered with by numerous factors outside of our control.
18.7 No Waiver. CMSA's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision and does not waive our right to act with respect to subsequent or similar breaches.
18.8 Severance. If any provision of this Agreement is found to be invalid by a court of competent jurisdiction, you and CMSA nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of this Agreement will remain in full force and effect.
18.9 Survival. Sections 3.2, 3.3, 4.3, 5.3, 6.2, 11 (Indemnity), 12 (Warrants; Liabilities), 13 (Dispute Resolution) and 13.5 (Governing Law) shall survive any termination or expiration of this Agreement.
18.10 Limitation. You and CMSA each agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of our Platform or this Agreement must be filed within one (1) year after the claim or cause of action arose or be forever barred.
18.11 Titles. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
19. Disclosures and Violations
The Platform offered under this Agreement is offered by CMS Association Inc., 3620 Wisteria Dr., Crystal Lake, IL 60012. Please report any violations of this Agreement by sending a notice of the violation to the Secretary of CMSA by postal mail or email, as follows:
CMS Association Inc.
3620 Wisteria Dr
Crystal Lake, IL 60012
B. CMSA Community Area Code of Conduct
The below “CMSA Code of Conduct” are the general guidelines that we ask all CMSA Members to follow when participating in the Community Areas the CMSA Platform. Examples of Community Areas include the CMS Connection, local CMS Groups, Forums, as well as CMSA-related forums and interactive social networking areas on such 3rd Party sites as Facebook, LinkedIn, Meetup.com, etc. These rules clarify what CMSA fosters, as well as what will not be allowed. The CMSA Code of Conduct is part of the CMSA Terms of Service.
1. Treat others as you want to be treated.
Do not be rude or disruptive in our community areas. We ask that you respect other members' opinions and that you not disrupt the flow of conversation by flaming other users, submitting off-topic comments, ignoring a request from a moderator, or engaging in any other behavior that detracts from ongoing conversation or that disrupts the community. Feel free to participate regularly and often, and don't be afraid to disagree with other participants. Just respect their right to have opinions of their own, and if you do disagree, attack the ideas you disagree with, not the person who posted them.
2. Do not submit profanity, sexually explicit or hateful content.
Do not submit any message or content that is profane, sexually explicit or that attacks a specific person or group based on ethnicity, nationality, sexual orientation or gender. Remember, discussions are open to people of all ages and backgrounds, and they will stay friendly and accessible to everyone.
3. Do not engage in illegal activities.
Seems odd to have to spell this out, but lawyers say otherwise, so - Do not conduct any illegal activities in the CMSA Community Areas, including the following: slander, libel, conspiring to engage in criminal activity, trading or conspiring to trade pirated software or other illegal material, sharing confidential and/or proprietary information, or any other illegal activity. If we become aware of any illegal activity taking place on any CMSA Community Areas, we reserve the right to take immediate action, which may include suspending access for involved users and alerting law enforcement authorities.
4. Keep your communications constructive, professional and on-topic.
The CMSA’s primary focus is on 1) Professional Content Management issues and 2) the CMS Community and usage of CMSes and their related tools and services. We expect that most user communication will naturally relate to these topics: If you wish to discuss something completely unrelated to the Community Group’s interests, please use a different website or Internet community area that would find the topic relevant. We also ask that all registered members and users participate respectfully and with a positive and professional attitude. If you wish to share criticisms, please do so in a thoughtful and constructive manner, and include your own ideas for resolution to any problems you might bring up.
5. Do not engage in unauthorized commercial activity.
Do not engage in any unauthorized commercial activity in the CMSA Community Areas. This includes submitting purely advertising messages, harvesting user information for outside marketing purposes or “spamming” members of the CMSA Community with unwanted commercial solicitations. We encourage Members to share information about CMS-related services, businesses or other concerns in which the Member is directly involved, or of which he/she has knowledge; however, commercial information must be provided within the context of other communications, and the commercial content should be subsidiary to the primary content of the messaging and the CMSA Community Area presentation structure. Businesspeople who are interested in presenting advertising information on CMSA Community Areas are welcome to inquire with CMSA about the possibility of sponsoring or advertising in designated areas. Contact CMSA at (888) 804-9525.
C. CMSA Privacy Statement
1. Information Collection
1.1. CMSA collects the following information about you and your use of our Website, Platform, conference and service (together, our "Platform") in order to create a better, more personalized experience for you:
1.1.1. Name, position, organization, address, phone, email, services you offer, CMSs you use, how did you hear about CMS Expo, dietary needs.
1.1.2. If you are a sponsor, in additon to the information 1.1.1, you may provide CMSA with a business profile, speaker bio and photo, and logo.
1.1.3. For purposes of this Policy, "Personally Identifiable Information" means information that could be used to identify your personally (such as your email address or IP address), which has not been previously or subsequently disclosed by you on the public areas of our websites or in messages you send to your Group Mailing / Contact Lists.
1.2. We automatically track certain basic information about our members (such as internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, click patterns, etc.). We use this information to do internal research on our members' usage patterns, demographics, interests and general behavior to better understand and serve you and our community.
1.3. We currently contract with online partners to help manage and optimize our business and communications. We use the services of a site analytics partner to help us measure the effectiveness of our advertising and how visitors use our site. To do this, we use web beacons and cookies provided by our site analytics partner on this site. A "cookie" is a piece of data stored on your computer that is tied to information about you. The type of information collected includes the URL you came from and go to, your browser information, and IP address, and helps us learn how to improve our service. No information shared with our site analytics partner is directly linked to your Personally Identifiable Information. If you wish to opt-out of these website analysis tools, please contact us to do so by email (LCoonen [AT] cmsassociation.com).
1.5. We may collect information such as postings you make on the public areas of our website, messages you send to the CMSA Mailing List, messages you send to us and correspondence we receive from other members or third parties about your activities or postings on our website. Our use of this information is consistent with the rights and restrictions set forth in Section 2.
2. Use of Information
2.1. We use the information we collect about you (including your Personally Identifiable Information) to create a better, more personalized experience for you based on your individual usage habits, improve our marketing and promotional efforts, analyze site usage, improve our content and product offerings, and customize our site's content, layout and Services. These uses improve our site and Platform, and allow us to better customize it to meet your needs. We also use the information we collect about you to resolve disputes, troubleshoot problems, and enforce our Terms of Service Agreement.
2.2. We may compile the information we collect about you and use it, in an aggregate form only, in the negotiation and establishment of service agreements with public and/or private enterprises under which such enterprises will serve as CMSA partners or as venues for events and meetings between our users and/or members.
2.3. We may use for promotional, sales or any use that we consider appropriate your correspondence with us or photographs submitted for publication on our website, be it via email, postings on our website, or feedback via the member polls. Our use of such materials is consistent with the restrictions on disclosure of Personally Identifiable Information set forth in Section 3.
3. Disclosure of Your Information
3.1. Opt-in requirement. WITHOUT YOUR AFFIRMATIVE CONSENT (ON A CASE-BY-CASE BASIS), WE DO NOT SELL, RENT OR OTHERWISE SHARE YOUR PERSONALLY IDENTIFIABLE INFORMATION WITH OTHER THIRD PARTIES, UNLESS OTHERWISE REQUIRED AS DESCRIBED BELOW UNDER "REQUIRED DISCLOSURES". TO THE EXTENT WE SHARE INFORMATION WITH OUR PARTNERS AND ADVERTISERS, WE SHARE ONLY AGGREGATED OR OTHERWISE NON-PERSONALLY IDENTIFIABLE INFORMATION THAT IS NOT LINKED TO YOUR PERSONALLY IDENTIFIABLE INFORMATION. Aggregated information that we may share with our marketing partners includes, but is not limited to, information showing the popularity of certain CMSA topics, venues and locations, etc.
3.3. You should understand that information you provide in public areas of our website network, or through the use of our Platform (including your name (if provided) and location information) may be accessible by and made public through syndication programs and by search engines, metasearch tools, crawlers, metacrawlers and other similar programs.
3.4. Required disclosures. Though we make every effort to preserve member privacy, we may need to disclose your Personally Identifiable Information when required by law or if we have a good-faith belief that such action is necessary to (a) comply with a current judicial proceeding, a court order or legal process served on our website, (b) enforce this Policy or the Terms of Service Agreement, (c) respond to claims that your Personal Information violates the rights of third parties; or (d) protect the rights, property or personal safety of the CMS Association Inc., its customers, members and the public. You authorize us to disclose any information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose us or you to legal liability.
4. Communications from CMSA and Members of the CMSA Community
4.1. Communication from CMSA and Members of the CMSA Community are governed by the CMSA General Terms of Service, Section 7.
5. Reviewing, Updating, Deleting and Deactivating Personal Information
5.1. Personally Identifiable Information. After registration for our website on CMSA network, Platform and for specific CMSA Groups, CMSA provides a way to update your Personally Identifiable Information. Upon your request, we will deactivate your account and remove your Personally Identifiable Information from our active databases. To make this request, please contact us at (888) 804-9525 or via our general contact email address under Contact. Upon our receipt of your request, we will deactivate your account and remove your Personally Identifiable Information as soon as reasonably possible in accordance with our deactivation policy and applicable law. Nonetheless, we will retain in our files information you may have requested us to remove if, in our discretion, retention of the information is necessary to resolve disputes, troubleshoot problems or to enforce the Terms of Service Agreement. Furthermore, your information is never completely removed from our databases due to technical and legal constraints (for example, we will not remove your information from our back up storage).
6. Notification of Changes
6.2. If we make any material changes in our privacy practices, we will post a prominent notice on our website notifying you and our other members of the change. In some cases where we post a notice we will also email you and other members who have opted to receive communications from us, notifying them of the changes in our privacy practices. However, if you have deleted/deactivated your account, then you will not be contacted, nor will your previously collected personal information be used in this new manner.
6.3. If the change to this Policy would change how your Personally Identifiable Information is treated, then the change will not apply to you without your affirmative consent. However, if after a period of thirty (30) days you have not consented to the change in the Policy, your account will be automatically suspended until such time as you may choose to consent to the Policy change. Until such consent, your personal information will be treated under the Policy terms in force when you began your membership.
6.4. Any other change to this Policy (i.e., if it does not change how we treat your Personally Identifiable Information) will become are effective after we provide you with at least thirty (30) days notice of the changes and provide notice of the changes as described above. You must notify us within this 30 day period if you do not agree to the changes to the Policy and wish to deactivate your account as provided under Section 5.
7. Dispute Resolution
8. Contact Information
8.1. If members have any questions or suggestions regarding this Policy, please contact the CMS Association using postal mail or email, as follows:
CMS Association Inc
3620 Wisteria Drive
Crystal Lake, IL 60012
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The CMSA Master Terms and Conditions Policy and subordinate policies stated in CMSA General Terms and Conditions, CMSA Code of Conduct and CMSA Privacy Statement must be adhered to by all Members in order to maintain a positive, orderly, and productive Community. To become, and remain a Member in good standing of CMSA, its Platform and/or any of its subsidiaries or Community Areas (beyond use of the public website), agreement to these stated policies is mandatory. Signatory agrees that he/she agrees to the Master Terms & Conditions, and that if he/she is signing on behalf of a company or organization, that he/she is authorized to do so.
By indicating during registration that you have read and agreed to this Agreement, you are agreeing that you have read and understand this Agreement and agree to all of the terms of this Agreement. Any dispute, claim or controversy arising out of this Master Terms and Conditions Policy, which includes subordinate Code of Conduct and Privacy policies shall be resolved through negotiation, mediation and arbitration as provided under Section 13 in the CMSA General Terms of Service Agreement.