The PCMA Website (“Website”) is owned and operated by the Professional Convention Management Association (“PCMA”) for your information, reference and education. PCMA welcomes you to browse the Website, with the understanding that your access to, and use of, the Website is subject to the specific terms and conditions set forth herein and all applicable Federal, State and Local laws and regulations. By accessing and browsing the Website, you accept, without limitation or qualification, all of the terms and conditions set forth herein. IF YOU ARE USING THE WEBSITE WITHIN A COMPANY, YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO ENTER INTO THIS AGREEMENT ON BEHALF OF THE COMPANY AND YOU ACKNOWLEDGE THAT THE RIGHTS TO USE THE WEBSITE WHICH ARE GRANTED TO YOU AND THE COMPANY UNDER THESE TERMS ARE EXPRESSLY CONDITIONED UPON ACCEPTANCE BY SUCH AUTHORIZED PERSONNEL OF THE COMPANY. PCMA retains the unconditional right to at any time and for any reason modify, delete or add to these Terms, effective immediately upon notice thereof, which may be given by any means, including but not limited to, posting on the Website a revised version of these Terms. If any such change is unacceptable to you, you must immediately discontinue your use of the Website. Your continued access or use of this Website after modifications have become effective shall be deemed conclusive acceptance of the modified Terms. You further agree to periodically review the Terms to be aware of any such additions or revisions. Your use of the Website may also be subject to additional or different terms or conditions imposed by third party content providers in connection with third party content, products or services accessible through the Website.
COPYRIGHT AND COPYRIGHT AGENT
Copyrighted Information and Copyright Agent. Please note that the pages on the Website may contain other proprietary notices and copyright information, the terms of which must be observed and followed.
Unless otherwise noted, all information, text, articles, data, images, documents, software or other materials (the “Materials”) contained on any page within this Website are copyrighted by PCMA. Title to copyright in the Materials will at all times remain with PCMA. You may only use, download or copy the Materials contained in the Website in accordance with the Terms. Any permitted copies of the Materials must retain the copyright notice, and any other proprietary notices contained in such Materials. Unless otherwise provided in the Terms, you may not copy, reproduce, distribute, replicate, retransmit, edit, modify or make use of the Materials without the express, prior written consent of PCMA. . Unless specifically provided in the Materials, nothing on this Website shall be construed as conferring any license under PCMA’s intellectual property rights, whether by implication or otherwise. You agree to use the Website and the Materials and services and products on the Website or accessible via the Website only for lawful purposes. PCMA may revoke any of the foregoing rights, as well as any access and use authorizations granted to users of the site at any time.
PCMA respects the rights of all copyright holders and in this regard, it has adopted and implemented a policy that provides for the termination in appropriate circumstances of users who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide PCMA’s Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
PCMA’ Copyright Agent for notice of claims of copyright infringement on or regarding this site can be reached as follows: PCMA, President and CEO,35 E Wacker Dr, STE 500, Chicago, IL 60601.
Certain features and areas of the Website may be available only with registration and login. If You are required to register and select a login and password (“Login Information”), You must keep Your Login Information confidential. Your Login Information is personal to You, and You may not allow any third party to use it under any circumstances. PCMA is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of Your Login Information. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on the Website, including, without limitation, information required to be provided through a Website registration or when accessing Website content. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by You, PCMA reserves the right to terminate Your access and use of the Website.
Prohibited Conduct. You expressly agree to refrain from doing, either personally or through an agent, any of the following:
Users may not do any of the following while using the Website: Interfere with another user’s use and enjoyment of the Website; upload any message, information, data, text, software, graphic files, or other materials (“Content”) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, that may be invasive of another’s privacy, hateful, racially, sexually, ethnically, or otherwise objectionable; upload Content that contains a virus, corrupted file, or other harmful component; impersonate any person or entity, including but not limited to PCMA personnel, or falsely state or otherwise misrepresent any affiliation with any person or entity, or upload any Content under a fictitious name; intentionally or unintentionally violate or encourage or assist another to violate any law or regulation in connection with your use or another’s use of the Website; or upload any Content that violates or infringes any patent, trademark, trade secret, copyright, privacy or any right, of whatever nature, of anyone.
You may not use any information or content found on the pcma.org site or PCMA’s staff, member and customer contact information to send promotional emails or mail to individuals or entities listed on registration lists, in the member directory or on other lists located on pcma.org or its affiliated sites, including but not limited to conveningleaders.pcma.org; catalyst.pcma.org; virtualedgeinstitute.com; learn.pcma.org; PCMA chapter and headquarter events on RegOnline and other registration sites; among others.
If you violate any of the terms of this Section, your permission to use the Website automatically terminates.
Unless otherwise specified herein, the materials on the Website are presented solely for promotion and use in the United States, its territories, possessions and protectorates. PCMA controls and operates this Website from Chicago, Illinois and makes no representations that the materials, products, services, information, data and images on the Website are appropriate or available for use in other locations or jurisdictions. Individuals or entities choosing to access this Website from other locations do so on their own initiative and are solely responsible for compliance with all Federal, State, and Local laws, if and to the extent these laws are applicable.
These Terms will terminate immediately without notice from PCMA if, in PCMA’s sole discretion, you fail to comply with any term, condition or provision of these Terms. Upon termination of these Terms, you shall immediately destroy all materials obtained from this Website and all copies thereof, whether made under the Terms or otherwise. Furthermore, you represent and warrant that you shall not make any further or additional use of the materials you obtained from this Website.
Your use and browsing of the Website is entirely at your own risk. If you are dissatisfied with any of the products, services, materials or information contained or identified on the Website, your sole and exclusive remedy with respect to PCMA, its officers, directors, employees, authorized representatives, subsidiaries, chapters, affiliates and assigns is to immediately discontinue accessing and using the Website.
EVERYTHING ON THE WEBSITE IS OFFERED AND PROVIDED TO YOU “AS IS” WITHOUT WARRANTY, REPRESENTATION OR CONDITION OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
PCMA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AUTHORIZED REPRESENTATIVES, SUBSIDIARIES, CHAPTERS, AFFILIATES AND ASSIGNS assume no responsibility, and shall not be liable for any damages to, or viruses or other harmful components that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Website or the server that makes it available, or your downloading of any materials, information or data from the Website. PCMA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AUTHORIZED REPRESENTATIVES, AFFILIATES, CHAPTERS, SUBSIDIARIES, ASSIGNS, LICENSORS, SUPPLIERS AND ALL OTHER PARTIES INVOLVED WITH THE CREATION, PRODUCTION OR DELIVERY OF THE WEBSITE FURTHER SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE RESULTING FROM UNAUTHORIZED ACCESS BY THIRD PARTIES TO OTHER PARTIES TRANSMISSION FACILITIES OR PREMISES, EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT, LOSS OR DESTRUCTION OF NETWORK SYSTEMS, APPLICATIONS, DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD UNLESS SUCH DAMAGE IS CAUSED BY AN INTENTIONAL ACT OF PCMA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AUTHORIZED REPRESENTATIVES, AFFILIATES, CHAPTERS, SUBSIDIARIES, ASSIGNS, LICENSORS, SUPPLIERS OR THIRD PARTIES INVOLVED WITH THE CREATION, PRODUCTION OR DELIVERY OF THE WEBSITE. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN SHALL APPLY EVEN IF PCMA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AUTHORIZED REPRESENTATIVES, AFFILIATES, CHAPTERS, SUBSIDIARIES AND ASSIGNS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
PCMA reserves the right to, at any time, without condition or restriction, change or discontinue any aspect or feature of the Website, including without limitation content, hours of availability, and equipment required for access or use.
THIRD PARTY PRODUCTS AND SITES
PCMA is making available for your review and examination on the Website materials, information, products and content supplied by third parties. Any opinions, advice, statements, services, offers or other information or content expressed or made available by third parties are those of the respective authors or distributors and not of PCMA, its officers, directors, employees, authorized representatives, subsidiaries, chapters, affiliates and assigns. Without restricting any of the foregoing limitations, conditions or disclaimers, neither PCMA nor any third party provider of information or products guarantees the accuracy, completeness, or usefulness of any materials, information, products, services or content provided on or through the Website.
This Website contains links and pointers to Internet websites maintained by third parties (“third party sites”). PCMA has not reviewed all of the third party websites that may be linked to this Website nor has PCMA used all of the products or services offered by third parties on this or any other linked website. PCMA, its officers, directors, employees, authorized representatives, subsidiaries, chapters, affiliates and assigns are not responsible or liable for the contents of or use of any products or services offered on this or any other third party website and make no representations or warranties of any kind regarding the same.
LIMITATION OF LIABILITY
IN NO EVENT SHALL PCMA, ITS OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, CHAPTERS, AFFILIATES AND ASSIGNS OR ITS LICENSORS, SUPPLIERS OR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE WEBSITE BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, RELIANCE, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THE WEBSITE OR THE MATERIALS CONTAINED WITHIN THE WEBSITE, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS OR LOST REVENUES, HOWEVER SUCH DAMAGES ARE CAUSED, AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY. THE FOREGOING LIMITATIONS SHALL APPLY WHETHER OR NOT PCMA, ITS AFFILIATES, CHAPTERS, SUBSIDIARIES, ASSIGNS, LICENSORS, SUPPLIERS OR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION, MAINTENANCE OR DELIVERY OF THE WEBSITE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Applicable Federal, State or Local law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. However, in no event shall PCMA’s total liability to you, if any, for all claims, damages, injuries, losses, and causes of action, whether in contract, tort (including without limitation negligence), or otherwise, exceed the amount paid by you, if any, for accessing this Website.
IN THE EVENT THAT YOU TRANSMIT, INTRODUCE, OR OTHERWISE CAUSE ANY TECHNICAL DISRUPTION OF THIS PCMA WEBSITE OR THE SERVICES TRANSMITTING THE WEBSITE TO YOU, YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES AND COSTS (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING FROM ANY AND ALL CLAIMS BROUGHT BY THIRD PARTIES BASED UPON SUCH TECHNICAL DISRUPTIONS. FOR PURPOSES OF THIS AGREEMENT, “TECHNICAL DISRUPTION” MEANS DISTRIBUTION OF UNSOLICITED ADVERTISING OR CHAIN LETTERS, PROPAGATION OF COMPUTER WORMS, VIRUSES OR OTHER HARMFUL CODE, AND/OR USING THE WEBSITE TO MAKE UNAUTHORIZED ENTRY TO ANY OTHER MACHINE ACCESSIBLE VIA THE WEBSITE. FURTHERMORE, YOU ARE SOLELY RESPONSIBLE FOR THE CONTENT OF ANY TRANSMISSIONS USING THE WEBSITE AND AGREE NOT TO UPLOAD, POST OR OTHERWISE MAKE AVAILABLE ON THE WEBSITE ANY MATERIAL PROTECTED BY A PROPRIETARY RIGHT OF A THIRD PARTY WITHOUT FIRST OBTAINING THE EXPRESS WRITTEN PERMISSION OF THE OWNER OF SUCH PROPRIETARY RIGHT. YOU SHALL BE SOLELY AND COMPLETELY LIABLE FOR ANY DAMAGES, LOSSES, COSTS OR EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF ANY CLAIM OF INFRINGEMENT OR VIOLATION OF PROPRIETARY RIGHTS OR ANY OTHER HARM ARISING FROM THE UPLOADING, POSTING OR OTHER SUBMISSION OF MATERIALS BY YOU.
Unless otherwise provided in the Terms, any communication, material or feedback with regard to contents on this Website transmitted by a user of this Website via electronic mail or otherwise, including any data, questions, or comments regarding the content of any Document or other information contained on the Website, such information shall be deemed to be non-confidential and PCMA shall have no obligation of any kind with respect to such information. Unless otherwise agreed, PCMA does not claim ownership of the materials you provide to PCMA or post, upload, input or submit to the Website for review by the general public, or by the members of any public or private community (“Submission”). Unless stated otherwise for specific services, you will retain copyright ownership and all related rights for information you publish through the Website. By providing a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submission. Your Submission may be edited, removed, modified, published, transmitted, and displayed by PCMA and you waive any rights you may have in having the material altered or changed in a manner not agreeable to You. Your Submission may also be included in PCMA’s other content and made available for republishing through other formats.
You grant PCMA a perpetual, nonexclusive, world-wide, royalty free, sub-licensable license to the User Content, which includes without limitation the right for PCMA or any third party it designates, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed, any User Content posted by You on or to the Website, including any User Content posted on or to the Website through a third party.
“PCMA”, the PCMA logo, and other PCMA logos and titles are registered trademarks or service marks of PCMA. All other products, company names or other marks appearing on this Website are the trademarks of their respective owners. Nothing contained in the Website should be construed as granting, by implication, or otherwise, any license or right to use any trademark displayed on the Website without prior written permission of PCMA or other trademark owners.
REPRESENTATIONS AND WARRANTIES; INDEMNIFICATION
User understands and agrees that he or she is personally responsible for his or her behavior on the Website.
User represents, warrants and covenants (a) that no User Content of any kind submitted by You to the Website will (i) violate, plagiarize, or infringe the rights of any third party, including, without limitation, copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least thirteen years old.
User hereby indemnifies, defends and holds harmless PCMA, and all officers, directors, owners, agents, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees and costs, incurred by the Indemnified Parties in connection with any claim arising out of your use of the Website, and/or any breach by You or any user of your account of these Terms or the foregoing representations, warranties and covenants. You shall reasonably and fully cooperate as reasonably requested by PCMA in the defense of any such claim. PCMA reserves the right, at its own expense, but not the obligation, to assume the exclusive defense and control of any matter subject to indemnification by You.
These Terms shall be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any principles of conflicts of law. If any provision of these Terms regarding terms and conditions of use shall be held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by authorized representatives of both parties.