The Network Subscriptions & Advertising Guidelines
Terms of Sale
Acceptance of Order Pricing and Availability Conditions Payment Terms Agreement Changes Termination by Us Refund & Cancelation Policy
Termination of Use
Limitations on Liability
Governing Law, Jurisdiction & Venue
Terms and Conditions of Use
The following terms are defined below in order to set forth how they are to be applied and interpreted throughout these Terms and Conditions of Use:
The Company: AMI, Meetings, Events, Incentives and its corporate affiliates (collectively, "us," "we" or "the Company"), A Florida S Corporation
Servicer: The Servicer is The Network, and its Corporate Affiliates that operate an interactive computer service (ICS) forum designed to facilitate bringing people in the meetings and event industry.
User: A User is an entity and/or person who creates an Account for the purposes of networking or conducting business within the meetings industry.
Account: An Account is what allows a User to create a social forum(s) and/or business Network on The Network.
The Network: The Network encompasses both the social network and the business Network accessed through network.americanmeetings.com and any other authorized entry point.
Travel Director: A Travel Director is a person who professionally executes meetings and creates an account and designates themselves as a travel director, or whose record is acquired for the Network Meeting Planner: A Meeting Planner is a person who professionally plans and executes meetings and creates a meeting planner account or whose record is acquired for the Network
Supplier: A Supplier is an entity or person who creates a supplier account for the purposes of promoting and/or selling a product or service through network platform, or whose record is acquired for the Network
Member: A Member is a blanket term used to describe User, Meeting Planners(s), Travel Director(s) or Supplier(s).
Membership and/or use of this Site are void where prohibited by law. This Site is intended solely for use by people eighteen (18) years of age or older. If you are under the age of eighteen (18), do not register as a User of The Network, or provide any of your personal information. Any registration and use of this Site by a person under the age of eighteen (18) years, unless legally emancipated, is voidable at The Networks discretion. In the event that a minor does improperly register for The Network, we will investigate and remove their registration information. In the event that you believe that one of the members is under the age of eighteen (18), please communicate this information to our attention immediately at email@example.com. In the event that it comes to The Networks attention or if the Company suspects that any of the Users are under the age of eighteen (18), the Company will investigate and reserves the absolute right to take all appropriate and reasonable action necessary to protect the interest of the Company and/or any and all of its business affiliates and/or associates. This includes, but is not limited to, the removal of all Users’ information from publically accessible areas of the Site and termination of their User Account, forums, and their right to use The Network.
Registration Data; Account Security
Users are required to register with The Network as a condition to use the Site. Users will create User Accounts that will allow them interact with other members. Meeting Planners, Travel Directors and Suppliers will create a User Account Profile that will allow them to showcase their expertise and network on the platform. In consideration of your use and/or membership in this Site, you agree to (a) provide accurate, current, and complete information about yourself as you may be prompted by any and all registration forms on the Site ("Registration Data"); (b) maintain the security: of your password and identification; (c) maintain and promptly update the Registration Data, and any and all other information you provide to the Company, and to keep it accurate, current and complete; and (d) be fully responsible for all use of your Account and for any actions that take place using your Account.
You are solely responsible for maintaining the confidentiality of your password for your Account, and agree not to transfer your e-mail address or password, or lend or otherwise transfer your use of or access to network to any third party. You may change your password or any other Account information, at any time, by following instructions available on your “Account Profile” page. You agree to immediately notify the Company of any unauthorized use of your Account, or any other breach of security related to your Account. Furthermore, you agree to ensure that you "log off" and/or exit from your Account (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations. In the event that The Network determines that any of the information that you have provided is inaccurate, The Network reserves the right to terminate your Account immediately and your privilege to use any services provided through The Network.
Proprietary Rights in Site Content; Limited License
Company Terms of Service vs. 3rd party Terms of Service
The network is built on several platforms, and user is bound to both the terms of service outlined by The Company as well as The Terms of Service outlined by any 3rd party. Terms of service can be found at the footer of each page within the network.
The Network, other Company graphics, logos, designs, page headers, button icons, scripts, service marks and service names are registered trademarks or trade dress of the Company in the U.S. and/or other countries. The Company's trademarks and trade dress and those of its Partners, Affiliates, and Users may not be used in any manner including, but not limited to, as part of any other entity’s trademarks and/or as part of any other domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company
Users represent, warrant and agree that no materials of any kind submitted through any Account or otherwise posted, transmitted, or shared on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
In addition, Members agree not to use the Service or the Site to:
harvest or collect e-mail addresses or other contact information of other Users or Participants from the Service or the Site by electronic or other means for the purposes of sending unsolicited e-mails or other unsolicited communications;
use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, and overburden or impair the Site;
use automated scripts to collect information from or otherwise interact with the Service or the Site;
upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically, sexually, or otherwise objectionable;
impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, and/or e-mail addresses, unless you have received written approval to do so;
At no time, should Social Security numbers and/or credit card numbers ever be made publicly available;
Passwords or personally identifying information shall not be solicited for commercial or unlawful purposes;
upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
intimidate or harass another;
upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
Use or attempt to use another's Account, service or system without authorization from the Company, or create a false identity on the Service or the Site;
upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of the Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose the Company or its Members to any harm or liability of any type.
Without limiting any of the foregoing, you also agree to abide by our Code of Conduct, posted at: www.network.americanmeetings.com regarding the authorized conduct of Suppliers, Users, and Meeting Planners of The Network. Unlawful or Harmful Content or Conduct
Although, as an online service provider/ICS, we are not responsible for the conduct portrayed or depicted by our Suppliers, Users, and/or Meeting Planners, we are committed to fostering a virtual internet environment on The Network that is safe, friendly, and harmonious. Therefore, in using The Network, you may not:
violate any local, state, national or international law, nor post any Content that would encourage or provide instructions for a criminal offense;
impersonate any person or entity or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
use The Network to send or make available any unsolicited or unauthorized advertising, solicitations,
Promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
post or share any personally identifiable or private information of any third party;
solicit passwords or personal information from anyone;
use information or content you obtained on The Network web-site or Service in any manner not authorized by The Network’s Code of Conduct or Terms and Conditions of Use;
post any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; engage in any predatory or stalking conduct.
This Code of Conduct is subject to change at any time at The Network’s sole discretion.
User Content Posted on the Site
You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content (collectively the "Content") that you upload, publish or display (hereinafter, "post") on or through the Service or the Site, or transmit to or share with other Suppliers, Users, and/or Meeting Planners. You may not post, transmit, or share Content on the Site or Service that you did not create or that you do not have permission to post. This prohibition on the posting of Content includes but is not limited to logos, trademarks, service marks, and any other form of copy written material that you are not expressly authorized to use. By posting any such material and/or content on The Network.americanmeetings.com site, you warrant that you have the authority to post such material and/or Content. You understand and agree that the Company may, but is not obligated to, review the Site and may delete or remove (without notice) any Content in its sole discretion, for any reason or no reason, including Content that in the sole judgment of the Company violates this Agreement or the Code of Conduct, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Suppliers, Users, and/or Meeting Planners. You are responsible, at your sole cost and expense, for creating backup copies and replacing any Content you post or store on the Site or provide to the Company.
When you post Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the Content on the Site. By posting Content to any part of the Site, including photographs, digital or otherwise, you automatically grant, and you represent and warrant that you have the right to grant, to the Company, an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Content for any purpose (commercial, advertising, or otherwise), on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. You may remove your Content from the Site at any time. If you choose to remove your Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your Content. The Network does not assert any ownership over your Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your Content and any intellectual property rights or other proprietary rights associated with your Content.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to the Company are non-confidential and shall become the sole property of the Company. The Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment
Release of On-Site Liability
Indemnification/Additional General Liability: Suppliers, Users, Travel Directors and/or Meeting Planners hereby agree to indemnify, defend and hold harmless The Company, The Network and its representatives from any and all liability and responsibility for any injury (including death) or property damage to any Vendor, User, Meeting Planners, Travel Directors, attendee, employee, guest, visitor, person, and/or entity to any event communicated through The Network, including during any travel to and from the event.
The Network’s Subscription & Advertisement Guidelines
All listings posted on or through The Network and all transactions conducted in connection therewith are subject to and governed by these Network Guidelines (the “Guidelines”), as well as these Terms and Conditions of Use. When you use the Network in any manner you are agreeing to abide by and be subject to the Guidelines and the other applicable rules set forth in these Terms and Conditions of Use. The Guidelines are subject to change without prior notice at any time, in the Company's sole discretion. You should review the Guidelines each time you use The Network. Parties to a transaction are solely responsible for all interactions with each other, for arranging for payment and the exchange of the goods or services purchased if applicable, and for the results and performance of any transaction or relationship entered into through The Network. You acknowledge that The Network is not responsible or liable for any action or inaction of any party to a transaction, for any failure to perform, to pay any amounts due, or to deliver any merchandise or services as promised, or for any other aspect of the transaction. Any fees or payments collected by The Network are set forth on the Site, and all terms and conditions applicable to such fees are set forth in The Network’s Terms of Sale in this document. However, please note that the Terms of Sale do not apply to your purchases of products or services from third parties through The Network, as those transactions are strictly between you and the other party to the transaction.
ALL USE OF THE IS PROVIDED "AS IS" AND AT YOUR OWN RISK.
The Business Directory is an annual recurring subscription to access the business directory.
Terms of Sale
Acceptance of Order
Your placement of an order does not necessarily assure that we will accept your order. At our sole discretion, we reserve the right to refuse any order. In addition, before accepting your order, we may require additional information if you have not provided all of the information required by us to complete your order. Once a properly completed order is received, authorization of your form of payment is received and we have accepted your order, we will promptly place your order and provide you with access to the purchased service
Pricing and Availability
All prices for advertising and profiles are shown in U.S. dollars. All prices are subject to change without notice, and you agree that taxes may be adjusted from the amount shown on the payment screens. Several factors may cause this, such as variances between processor programs and changes in tax rates.
Due to the immediate access of the data, this subscription is non-refundable at the time of purchase.
We reserve the right to accept or refuse subscription requests at our discretion. Your subscription is personal to you, and you may not assign or transfer your subscription to any third party.
When you join the network you select the specific subscription member level thereby going through the order creation process. By accepting your purchase, we are giving you access to the level of membership provided in the bill of sale. Your participation in the Network will be treated as establishing a standing request to process an annual subscription for the same level of service each year on the anniversary date of the initial transaction.
If there is a problem with your order, we will notify you via email using the email address associated with your subscription. Your subscription may be placed on hold and no additional orders may be processed until the problem has been resolved and the subscription has been reactivated. To the extent that there is a problem, and the payment for the order has already been taken, the payment in respect of any no provided access will be refunded to you.
If any type of subscription is no longer available, we will automatically deactivate your subscription for that level. We will notify you by email should this occur. If you would like any replacement records, you will need to create a new order for those records
You must register and pay with one of our accepted credit cards: Visa, MasterCard, American Express or Discover as well as PayPal. Due to the sensitive nature and immediate access to the profiles, subscriptions are nonrefundable at the time of purchase.
If there are any payment issues we will send you an email notification that your form of payment failed. Your subscription will be placed on hold until you update the payment information associated with your account. Your subscription will remain on hold and no membership will be processed or dispatched until the information is updated and you reactivate your subscription.
We may in our discretion change these Terms without notice to you.
Termination by Us
We may terminate your subscription at our discretion without prior notice by sending you an email to that effect. If we do so, you will only be charged for the prorated annual subscription.
The Company currently accepts Visa, MasterCard, American Express, and Discover credit cards. By submitting your order, you represent and warrant that you are authorized to use the designated credit card and authorize us to charge your order to that card. If the card cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled automatically.
Due to the sensitive nature and immediate access to our data, subscriptions are annual and automatically renew on the annual date, and are non-refundable from the time of purchase.
Recurring Subscription Cancelation. You may cancel this subscription recurrence by notifying the company in writing at firstname.lastname@example.org at least 30 days prior to annual renew date of the subscription, which is the anniversary date of the initial subscription. If no cancelation request is received, you will be automatically billed for the annual subscription.
Please note that Network profiles are generated from multiple sources and are provided to subscribers on an annual subscription basis. Please see our Terms of Sale. You agree that the profiles on The Network are relying on quality of the members and suppliers for its validity and you will not hold The Company liable for incorrect data. By participating in the financial transaction with The Company is solely responsible for all aspects of the transaction and for resolving any disputes that arise in connection therewith, including but not limited to payment processing, fulfillment and customer support. In the event of any dispute between the transacting parties in which The Company is brought in as a litigant in any form, both the transacting parties agree to be jointly and severally liable for indemnifying The Network for all associated costs, including but not limited to attorney’s fees and costs.
Termination of Use
The Company may terminate your Membership, Subscription, Account and/or use of the Site and delete your profile and any content or information that you have posted on the Site or through any Platform Application and/or prohibit you from using or accessing the Service of the Site or any Platform Application (or any portion, aspect or feature of the Service or the Site or any Platform Application) for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under eighteen (18) years of age. When we are notified that a User has died, we will generally, but are not obligated to, keep the User’s Account active under a special memorialized status until it is appropriate to close the Account. If the member is in good standing as defined in our code of conduct, any subscription fees will be refunded on a prorated basis.
You agree to indemnify and hold the Company, its owners, directors, employees, subsidiaries, affiliates, partners, contractors, successors, and assigns, harmless from and against any loss, liability, claim, demand, damages, and expenses, including reasonable attorney's fees, arising out of or in connection with any User posted or shared through the Site and/or Network Listing, Advertising, or your use of the Service. Additionally, you agree to indemnify and hold the Company, its owners, directors, employees, subsidiaries, affiliates, partners, contractors, successors, and assigns, harmless from and against any loss, liability, claim, demand, damages, and expenses, including reasonable attorney's fees, arising out of or in connection with your conduct in connection with the Service or with other Suppliers, Users, and/or Meeting Planners of the Service, or any violation of this Agreement or of any law or the rights of any third party.
The Company is not responsible or liable in any manner for any User Content or Third Party Applications, data, lists, advertising, software or content posted on the Site or in connection with the Service, whether posted on the Site by Suppliers, Users, and/or Meeting Planners. Although we provide rules for Suppliers, Users, Travel Directors, and Meeting Planners’ conduct, networking, organizing, and postings, we do not control and are not responsible for what these parties post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any Content, Third Party Applications, and/or Software. The Company is not responsible for the conduct, whether online or offline, of any Vendor, User, and/or Meeting Planners of the Site or Service.
The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of User communications. The Company is not responsible for any technical malfunction or other problems of telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of e-mail or audio or video players, on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to any person or entity’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service, including any Mobile Client software. Under no circumstances will the Company be responsible for any loss, damage, and/or personal injury, including death, resulting from anyone's use of the Site or the Service.
THE SITE, THE SERVICE, (INCLUDING THE MOBILE SERVICES, AND THE BUSINESS NETWORK SERVICE), AND ANY PLATFORM APPLICATIONS AND THE SITE CONTENT ARE PROVIDED "AS IS" AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE AND/OR ANY PLATFORM APPLICATIONS. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE, THE SERVICE OR ANY PLATFORM APPLICATIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE, ITS SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE SERVICE AND ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
ADDITIONALLY, YOUR PARTICIPATION IN ANY PUBLIC OR PRIVATE EVENT OR USE OF SUPPLIERS OR REFERENCED OR SUGGESTED TRANSPORTATION MEANS IS ENTIRELY AT YOUR SOLE AND EXCLUSIVE RISK. THE HOST OF ANY EVENT MAY REFUSE ADMITTANCE, MAY CHARGE AN ADMISSION FEE, OR ASK YOU TO LEAVE AN EVENT AT ANY TIME FOR ANY REASON. BY USING THE NETWORK YOU AGREE AND UNDERSTAND THAT IN CONNECTION WITH YOUR PARTICIPATION IN ANY EVENT OR ACTIVITY, YOU MAY BE EXPOSED TO A VARIETY OF HAZARDS AND RISKS, FORESEEN OR UNFORESEEN, WHICH MAY OR MAY NOT BE INHERENT IN THOSE ACTIVITIES AND EVENTS. THESE INHERENT RISKS INCLUDE BUT ARE NOT LIMITED TO, THE DANGERS OF SERIOUS PERSONAL INJURY, PROPERTY DAMAGE, AND DEATH (INJURIES AND DAMAGES) FROM EXPOSURE TO THE HAZARDS OF PUBLIC OR PRIVATE OUTINGS AND ACTIVITIES. THE NETWORK HAS NOT TRIED TO CONTRADICT OR MINIMIZE YOUR UNDERSTANDING OF THESE RISKS. BY USING THE NETWORK, YOU AGREE AND UNDERSTAND THAT INJURIES AND DAMAGES CAN OCCUR BY NATURAL CAUSES OR BY THE ACTS OF OTHER PERSONS OR THIRD PARTIES, EITHER AS A RESULT OF NEGLIGENCE OR BECAUSE OF OTHER REASONS. YOU ARE PERSONALLY RESPONSIBLE FOR ALL COSTS AND/OR RISKS ASSOCIATED WITH ANY PUBLIC OR PRIVATE EVENT, AND/OR DECISION TO USE REFERENCED OR SUGGESTED TRANSPORTATION MEANS OR ANY OTHER EVENT OR MEETING FACILITATION SERVICES OR GOODS. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE TO WAIVE AND DISCHARGE ALL CLAIMS, AND RELEASE THE NETWORK FROM ALL LIABILITY AND INDEMNIFY AND HOLD HARMLESS THE NETWORK, ITS OWNERS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND OTHER PARTNERS FROM ANY AND ALL LIABILITY ON ACCOUNT OF, OR IN ANY WAY RESULTING FROM INJURIES AND DAMAGES IN ANY WAY CONNECTED WITH ANY EVENTS, SERVICES, GOODS, AND/OR TRANSPORTATION UTILIZED BY VIRTUE OF YOUR INTERACTION WITH THE NETWORK.AMERICANMEETINGS.COM SITE. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS, AND INCLUDES ANY MINORS ACCOMPANYING USER AT THE EVENTS.
The Company reserves the right to change any and all content, software and other items used or contained in the Site and any Services and Platform Applications offered through the Site at any time without notice. Reference to any products, services, goods, processes, or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the Company.
Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS OWNERS, SUBSIDIARIES, AFFILIATES, SUCCESSORS AND ASSIGNS AND EACH OF THEIR DIRECTORS, OWNERS, OFFICERS, AGENTS, CONSULTANTS, CONTRACTORS, PARTNERS AND EMPLOYEES BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY AGREE THAT THE NETWORK IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY UNLAWFUL, HARASSING, DEFAMATORY, ABUSIVE, THREATENING, HARMFUL, VULGAR, OBSCENE, SEXUALLY EXPLICIT OR OTHERWISE OBJECTIONABLE CONTENT, CONDUCT OR SPEECH OF ANY OTHER PARTY ON OR THROUGH THE COMPANY SERVICE AND/OR WHILE ATTENDING AN EVENT, MEETING, OR ANY OTHER ACTIVITY FACILITATED THROUGH THE NETWORK.AMERICANMEETINGS.COM SERVICE. ADDITIONALLY, YOU SPECIFICALLY AGREE THAT THE NETWORK IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY INFRINGEMENT OR VIOLATION OF YOUR RIGHTS BY ANY OTHER PARTY, INCLUDING, BUT NOT LIMITED TO, INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE USE AND SERVICES PROVIDED THROUGH THIS INTERNET PLATFORM DURING THE TERM OF USE/MEMBERSHIP, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED $100. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO THE COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM THE COMPANY, REGARDLESS OF THE CAUSE OF ACTION. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Governing Law, Jurisdiction and Venue
This Agreement shall be construed and interpreted in accordance with the laws of the State of Florida, and the Parties consent to venue as well as personal and subject matter jurisdiction in the Courts of Broward County in the State of Florida for purposes of resolving any disputes which may hereinafter arise under this Agreement.
Any controversy or claim arising out of or relating to these terms & conditions, or the breach thereof, shall be settled by arbitration administered by the [American Arbitration Association or mutually agreed upon Alternative Dispute Resolution Service. The number of arbitrators shall be one; the place of arbitration shall be Broward County, Florida shall apply. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
These Terms and Conditions of Use constitute the entire agreement unless otherwise expressly provided for between you and the Company regarding the use of the Site and/or the Service, superseding any prior agreements between you and the Company relating to your use of the Site or the Service. The failure of the Company to exercise or enforce any right or provision of these Terms and Conditions of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms and Conditions of Use shall be deemed unlawful, void or for any reason unenforceable, then that specific provision shall be deemed severable from these Terms and Conditions of Use and shall not affect the validity and enforceability of any remaining provisions.