Last Updated October 23, 2009
We may need to change these Terms from time to time in order to address new issues and reflect changes on the Site or in the law. We reserve the right to revise or make any changes to these Terms, and your continual use of the Site subsequent to any changes to these Terms will mean that you accept such changes. Therefore, please bookmark this page and review it periodically to assure familiarity with the most current version of these Terms. We will post all changes to the Terms here so that you will always know the terms governing your use and interaction with the Site. You can tell that these Terms have been updated by checking the last revised date posted on the top of this page. If you are not willing to be bound by these Terms, or if you are under 18 years old, do not use the Site and do not submit any information to AWIB through the Site.
License to Use. AWIB grants you a limited, revocable, non-exclusive, non-transferable license to access, display, download and make a single copy of this Site, including without limitation, any content, materials and information made available on and accessible through the Site, for your personal use only.
Restrictions on Use. You may not access, display, download, copy, perform, publish, transmit, distribute, sell, transfer, modify, create derivative works from or in any way exploit the Site or any portion thereof, except as necessary to access, display, download and make a single copy of the Site, for your own personal use. You may not upload, post, copy, display, perform, publish, transmit, distribute or submit on or through the Site any content, materials or information which (i) are obscene, pornographic, profane, sexually explicit or indecent; (ii) slander, libel or defame any person, company or group; (iii) offend, annoy, inflame, threaten, abuse or otherwise harm any person, company or group, (iv) constitute or contain false or misleading statements of fact or indications of origin; (v) infringe, violate, dilute or unfairly interfere with the copyright, patent, trademark, privacy, publicity, or other proprietary or contractual rights of any third party; (vi) contain a virus, timebomb or other harmful code; or (vii) violates any federal, state or local ordinances, regulations or laws.
Responsibility for Communications. You are solely responsible for the nature, content and effects of any statements, messages, files, content, materials or information you upload, post, copy, display, perform, publish, transmit, distribute or submit on or through the Site.
Ownership of Content. All of the content on the Site, including without limitation all text, images, graphics, sounds and software code (“Content”), is the copyrighted work of AWIB, its affiliates or others. You may not reproduce, redistribute, publish or otherwise use by electronic or any other means any of the Content without our prior written consent. You acknowledge that AWIB or the applicable third party providers shall retain all right, title and interest in and to the Content, including without limitation, all copyright, patent, trademark and other proprietary rights thereto.
Trademarks. The “Asian Women in Business” and “AWIB” trademarks and logos are owned by AWIB and may not be used or displayed without the prior written consent of AWIB. All other trademarks, service marks and company names and logos appearing on the Site are the property of their respective owners. No right, title or interest in any Content or in any trademarks, service marks or company names and logos appearing on the Site is transferred to you as a result of your use of the Site.
Third Party Content and Links to Third Party Sites. Content from AWIB members or other third parties, including information about third party products, services, activities and events (“Third Party Content”), is made available to you through the Site. The inclusion of Third Party Content on the Site does not imply our affiliation or endorsement of such Third Party Content. Because we do not control Third Party Content, you agree that we are not responsible for any such Third Party Content, including the accuracy, integrity, quality, legality, usefulness, safety or intellectual property rights of or relating to such Third Party Content; it is the sole responsibility of the person from which such Third Party Content originated, and AWIB has no obligation to monitor such Third Party Content. Notwithstanding the foregoing, AWIB reserves the right, but shall have no obligation, to pre-screen, filter, remove, refuse to accept, post, display or transmit any Third Party Content in whole or part at any time for any reason or no reason with or without notice and with no liability of any kind. You are solely responsible, and assume all liability and risk, for determining whether such Third Party Content is appropriate or acceptable to you.
Third Party Events, Services and Products. Through the Site, users may register for or obtain access to events, services and products sponsored or provided by third parties. AWIB is not affiliated with, and does not endorse or sponsor, any such third party event, service or product or any results that may be obtained from using these third parties. Your correspondence or business dealings with, or participation in events and activities sponsored by, such third parties, 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 third party. You agree that AWIB 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 third parties on our Site.
No Warranty. Your use of the Site is at your own risk. AWIB is not responsible for any incorrect or inaccurate Content posted on the Site or your use of such Content. AWIB is not responsible for the conduct, whether online or offline, of any user of the Site or other third parties. The Site may be temporarily unavailable from time to time for maintenance or other reasons. AWIB 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. AWIB is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or any other application on account of technical problems or traffic congestion on the internet or at any website or combination thereof, including injury or damage to users or to any other person’s computer related to or resulting from participating on, or downloading materials in connection with, the Site. We cannot be liable for any breach of our systems or interception of our transmission and we hereby fully disclaim, to the fullest extent provided under law, any liability associated with any claim relating to a breach of security, data or information. Under no circumstances will AWIB be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Site, any Content posted on the Site or transmitted to users, or any interactions between users of the Site, whether online or offline. AWIB does not guarantee or warrant that files available for download from the Site will be free of infection from viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. Without limiting the foregoing, everything on the Site is provided to you on an “AS IS” and “AS AVAILABLE” basis. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AWIB EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. AWIB CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND CONTENT.
Limitation of Liability. In no event shall AWIB, its affiliates, officers, agents, partners, employees or any other party involved in creating or maintaining the Site or any of its contents be liable for any damages (including, without limitation, direct, incidental, special, consequential, indirect or punitive damages, or damages resulting from lost profits, lost data or business interruption) resulting from the use or the inability to use the Site and services or resulting from any information or services obtained or messages received or transactions entered into through the Site or resulting from unauthorized access to or alteration of your transmissions of data, including but not limited to, damages for loss of profits, use, data or other intangibles, even if we have been advised of the possibility of such damages. Regardless of the previous paragraph, if AWIB is found to be liable for any loss or damage whatsoever, our liability to you or to any third party is absolutely limited to the greater of: (a) the total fees paid to AWIB in the 12 months immediately preceding the action giving rise to the liability or (b) $100 (one hundred) United States Dollars.
Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions liability is limited to the fullest extent permitted by law.
Waiver of Privacy. You acknowledge and agree that any communications you make on or through the Site may be accessed, read or intercepted by others, that you have no expectation of privacy in any such communications and no confidential, fiduciary, contractually implied or other relationship is created between you and AWIB as a result of such communications. By posting messages, uploading files, inputting data or transmitting any other communication to the Site, you grant to AWIB a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, upload, post, copy, display, perform, publish, transmit, distribute, license, sublicense, modify, and otherwise exploit such communications, in all media now known or hereafter to become known. The foregoing grant includes the right for AWIB to incorporate data submitted by you into the AWIB database accessible through the Site and make such data available to other users of the Site or members of AWIB. You hereby waive all rights to any claim against AWIB for any alleged or actual infringements of any copyright, patent, trademark, trade secret, privacy, publicity, moral, proprietary and any other similar rights under any jurisdiction.
Injunctive Relief. You acknowledge that any use of the Site except as expressly permitted by these Terms without the prior written permission of AWIB will cause irreparable injury for which monetary damages would not be sufficient and you consent to entry of immediate and permanent injunctive relief with respect to such unauthorized use.
Indemnification. You agree to indemnify, defend and hold harmless AWIB and its affiliated entities, its and their respective officers, directors, members, agents, employees, consultants, freelancers, independent contractors and representatives to the fullest extent permitted by law from and against any and all actions, proceedings, arbitrations or investigations or threats thereof, losses, expenses, damages, costs and expenses (including reasonable fees, disbursements, and other charges of counsel), resulting from content you make available, submit, post to or transmit through the Site, your use of the Site, your connection to the Site, your violation of these Terms or your violation of any rights of another.
Applicable Law. These Terms will be governed by and construed in accordance with the laws of the State of New York, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to any use of the Site will be filed only in the state or federal courts located in New York County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
Please contact us at firstname.lastname@example.org if you have any questions or concerns regarding the Site or these Terms.