1. Acceptance of Terms. Please read the Agreement carefully before accessing or using (or continuing to access or use) the Website. By accessing or using (or continuing to access or use) any part of the Website, you agree to be bound by the terms and conditions of the Agreement. If you do not agree to all the terms and conditions of the Agreement, then you may not access the Website or use any services. The Website is available only to individuals who are at least 18 years old. You affirm that you are more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Agreement, and to abide by and comply with the Agreement.
2. Your Account. You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account. You must immediately notify BE of any unauthorized uses of your account or any other breaches of security. BE will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. Without limiting the foregoing, you may not allow or enable a third party to access or use your account.
3. Membership. CIO Professional Network membership is granted or continued at BE’ sole discretion. Among the benefits of membership in the CIO Professional Network are a subscription to The National CIO Review and, as BE may deem appropriate to offer in its sole discretion, discounts or special access to certain goods or services.You understand that BE frequently communicates to CIO Professional Network members throughout the course of their memberships by email regarding membership benefits and posts and other updates to the Website and that the terms of being a CIO Professional Network member include your acceptance of receipt of such emails. BE may provide CIO Professional Network membership support by phone, email, social media or other digital means. You hereby consent to allow the BE, for training, quality assurance or other purposes, in BE’ sole discretion, to record the entirety of any calls or communications in which you utilize or receive membership support, regardless of whether BE asks you for consent to record a particular call or communication.
4. Prohibited Practices. The following list (which is representative, but not exhaustive) of practices (collectively, “Prohibited Practices”) are prohibited from the Website, and by accessing or using (or continuing to access or use) the Website, you are confirming that you will not use the Website in connection with Prohibited Practices:
- Adult content and services. Pornography and other obscene materials (including (but not limited to) literature, imagery and other media); offering any sexually-related services such as prostitution, escorts, pay-per view, adult live chat features;
- Gaming. Gaming, internet gaming, video gaming, virtual worlds;
- Gambling. Gambling, sweepstakes, lotteries, auctions, sports forecasting or odds making, fantasy sports leagues;
- Politically-oriented. Political groups, movements or affiliations; political parties, political candidates, political activists, political protests; racially-centric groups;
- Regulated products or services. Marijuana dispensaries, e-cigarettes, e-liquids, online pharmacies, age restricted goods and services, weapons and munitions; products and services with varying legal status on a state-by-state basis;
- Advertising. Generating revenue from the sale of advertising on the community;
- Unfair, predatory, or deceptive practices. Including (but not limited to) get rich quick schemes, investment opportunities or other services that promise high rewards;
- Illegal activities. Any activity that violates federal, state, or local laws;
- Intellectual property or proprietary rights infringement. Sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder; any product or service that directly infringes or facilitates infringement upon the trademark, patent, copyright, trade secrets, or proprietary or privacy rights of any third party;
- Other. Use of the Website to submit, transmit or display any content in a context, which may be deemed as defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of BE, its affiliates, or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval.
5. Responsibility of Contributors. If you or your account posts a topic or comment in a community, posts material to the Website, posts links on the Website, or otherwise makes (or allow any third party to make) material available by means of the Website (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content, regardless of whether the Content in question constitutes text, graphics, video, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- THE CONTENT IS NOT SPAM, IS NOT MACHINE- OR RANDOMLY-GENERATED, AND DOES NOT CONTAIN UNETHICAL OR UNWANTED COMMERCIAL CONTENT DESIGNED TO DRIVE TRAFFIC TO THIRD PARTY SITES OR BOOST THE SEARCH ENGINE RANKINGS OF THIRD PARTY SITES, OR TO FURTHER UNLAWFUL ACTS (SUCH AS PHISHING) OR MISLEAD RECIPIENTS AS TO THE SOURCE OF THE MATERIAL (SUCH AS SPOOFING);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by BE or otherwise.
Without limiting any of those representations or warranties, BE has the right (though not the obligation) to, in BE’ sole discretion (i) refuse or remove any content that, in BE’ reasonable opinion, violates any BE policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in BE’ sole discretion. BE will have no obligation to provide a refund of any amounts previously paid.
6. Responsibility of Website Visitors. BE has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating or co-operating the Website, BE does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. BE disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
7. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which the Website links, and that link to the Website. BE does not have any control over those non-BE websites and webpages and is not responsible for their contents or their use. By linking to a non-BE website or webpage, BE does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. BE disclaims any responsibility for any harm resulting from your use of non-BE websites and webpages.
8. Intellectual Property. The Agreement does not transfer from BE to you any BE or third-party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with BE. BE, CIO Professional Network, mycionetwork.com, the CIO Professional Network logo and all other trademarks, service marks, graphics and logos used in connection with the Website are trademarks or registered trademarks of BE or its affiliates or its or their licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any BE or third-party trademarks. Nothing contained herein should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed herein without the written permission of BE or such third party that may own the trademark displayed herein. Your misuse of the trademarks displayed herein, or any other content on this website, except as provided herein, is strictly prohibited.
9. Changes. BE reserves the right, at its sole discretion, to modify or replace any part of the Agreement. It is your responsibility to check the Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to the Agreement constitutes acceptance of those changes. BE may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of the Agreement.
10. Termination. BE may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice. All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
11. DISCLAIMER OF WARRANTIES. THE WEBSITE IS PROVIDED “AS IS.” BE AND ITS AFFILIATES, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER BE, NOR ITS AFFILIATES, SUPPLIERS OR LICENSORS, MAKE ANY WARRANTY THAT THE WEBSITE WILL BE ERROR FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED. YOU UNDERSTAND THAT YOU DOWNLOAD FROM, OR OTHERWISE OBTAIN CONTENT OR SERVICES THROUGH, THE WEBSITE AT YOUR OWN DISCRETION AND RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BE OR THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
12. LIMITATION OF LIABILITY. IN NO EVENT WILL BE, OR ITS AFFILIATES, OWNERS, OFFICERS, EMPLOYEES, SUPPLIERS OR LICENSORS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (I) ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (II) THE COST OF PROCUREMENT FOR SUBSTITUTE PRODUCTS OR SERVICES; (III) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; OR (IV) FOR ANY AMOUNTS THAT EXCEED THE FEES PAID, IF ANY, BY YOU TO BE FOR YOUR ACCOUNT DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION. BE SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS WITHIN OR OUTSIDE OF THEIR CONTROL. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
13. General Representation and Warranty. In addition to any representations elsewhere in the Agreement, you represent and warrant that (i) your use of the Website will be in strict accordance with the Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
14. Indemnification. You agree to indemnify and hold harmless BE, its affiliates, suppliers, and licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of the Agreement.
15. Miscellaneous. The Agreement constitutes the entire agreement between BE and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of BE, or by the posting by BE of a revised version. The Website is offered in the United States of America. BE makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law. You agree that: (i) the Website shall be deemed solely based in Georgia, U.S.A; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over BE, either specific or general, in jurisdictions other than Georgia, U.S.A. Except to the extent applicable law, if any, provides otherwise, the Agreement, any access to or use of the Website will be governed by the laws of the State of Georgia, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts in and for Cobb County, Georgia. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under the Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Marietta, Georgia, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce the Agreement shall be entitled to costs and attorneys’ fees. If any part of the Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may not assign your rights under the Agreement to any third party and such attempted assignment shall be void. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.