This Agreement includes ETC’s policy for acceptable use of the ETC Services and Content (as defined in Section 6.1 below) posted on or through the ETC Services as well as your rights, obligations and restrictions regarding your use of the ETC Services and Content posted on or through the ETC Services. In order to participate in certain ETC Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions from ETC. Unless otherwise provided by the additional terms and conditions applicable to the ETC Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.
ETC reserves the right, in its sole discretion, to modify or replace any part of this Agreement at any time, effective upon the date of the change. In the event of any such change, ETC will post a notice on the ETC Website that it has changed this Agreement. If you have an ETC account, ETC may (but is not required to) provide you with notice via the email address that ETC has on file for you that ETC has changed this Agreement. You and ETC both understand that sometimes there are issues with email communication. ETC is not responsible if any email notice gets caught by your SPAM filter and you do not see it, if you have given ETC the wrong email address (or failed to update your address) or if there are other communications issues that prevent email from reaching you. Therefore, ETC encourages you to frequently visit this page periodically to monitor any changes. Your continued use of or access to the ETC Services following the posting of any changes to this Agreement constitutes acceptance of those changes.
Please choose carefully the information that you post on or through the ETC Services and that you provide to other Users. Your ETC profile may not include any form of Prohibited Content, as outlined in Section 8 below. Despite this prohibition, information, materials, products, or services provided by other ETC Members (for instance, in their profiles) may, in whole or in part, be unauthorized, impermissible, or otherwise violate this Agreement, and ETC assumes no responsibility or liability for this material. If you become aware of misuse of the ETC Services by any person, please click on the “Contact ETC” link at the bottom of the emergingtechcouncil.com website, or communicate through the Yammer portal.
1. General. ETC has the right, but not the obligation, to monitor any activity and content associated with this site. ETC may investigate any apparent or reported violations of its policies and take any action that it, in its sole and absolute discretion, deems appropriate, including but not limited to issuing warnings; rejection of, refusal to post, or removal of any materials on the site; and/or denial, restriction, suspension, or termination of your access to any or all part(s) of the ETC Services at any time. ETC expressly reserves the right to remove, screen, or edit any content that ETC deems, in its sole and absolute discretion, to violate this Agreement or any applicable law or to be otherwise objectionable. If we receive complaints that upon investigation show that you have repeatedly violated these policies, ETC may permanently suspend your registration for and use of the ETC Services. ETC may take any or all of the actions above at any time, with or without prior notice or explanation, and without liability.
2. Eligibility. Use of the ETC Services and registration to be a Member for the ETC Services (“Membership”) is void where prohibited. By using the ETC Services, you represent and warrant that (a) all registration information that you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the ETC Services does not violate any applicable law or regulation.
3. Term. This Agreement and any posted revision to this Agreement shall remain in full force and effect while you use the ETC Services or are a Member. You may terminate your Membership at any time, for any reason, by e-mailing email@example.com or communicating through the Yammer portal. ETC may terminate your Membership at any time for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership is terminated, this Agreement, including Sections 5 to 14, will remain in effect.
4. Password. When you sign up to become a Member, you will also be asked to choose a password. The use of the ETC is personalized and you are not to share your username or password with other employees at your organization. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify ETC immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
5. Use by Members. The ETC Services are for the use of Members only. To safeguard the operation of the ETC Services, users must abide by the following specific rules and regulations:
5.1 The Services may only be used for commercial endeavors if such endeavors are specifically endorsed or authorized by ETC. The ETC is not a forum to market or sell your services or products. The ETC reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the ETC Services, including collecting usernames, user ID numbers, and/or e-mail addresses of Members by electronic or other means for the purpose of sending unsolicited e-mail or unauthorized framing of or linking to the ETC Website, or employing third-party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliated business links, and other forms of unauthorized solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. The ETC reserves the right to take appropriate legal action for any illegal or unauthorized use of the ETC Services.
5.2 Unauthorized copying, reproduction, republishing, posting, transmitting or duplicating any of any Member, ETC material and Lopez Research Works is prohibited. Lopez Research Works” means Lopez Research LLC research newsletters, reports, scorecards, rankings, product comparisons, spreadsheets, graphics, tables, charts, data, compilations of data, assessment tools such as product rankings, formulas, and algorithms and all other Lopez Research LLC proprietary content and material that Lopez Research has developed prior to or independently of performance of Services under this Agreement. Each User License entitles the licensed user to: (a) make a single copy of ETC content and Lopez Research Works for the licensed user’s individual archival use; and (b) make a copy or slide of each scorecard, ranking, product comparison, spreadsheet, graphic, table, or portions of text less than a paragraph long contained in the Lopez Research Works for internal presentation purposes only, provided the Lopez Research copyright are affixed thereto. Except as explicitly permitted herein or in the applicable Purchase Agreement, Client shall not sell, lease, transfer, sublicense, or otherwise make available or permit access to the Lopez Research Works, or any portion thereof, to any third party or any non-licensed employee, consultant or contractor and shall not copy the Lopez Research Works in whole or in part. Client shall be fully responsible for any of its employees’, consultants’ or contractors’ use of the Lopez Research Works in accordance with this Agreement.. This information is not to be shared to third parties..
5.3 Users shall not restrict nor inhibit any other user from enjoying any service on the Emerging Technology Council. Posting of obscene materials or use of obscene language, posting of vulgar materials, or use of vulgar language, or use of abusive, defamatory, profane, or threatening language of any kind, will constitute a violation of these policies governing the use of the ETC Services. Additionally, users shall not upload, transmit, distribute or otherwise publish any materials containing a virus or any other harmful component.
6. Proprietary Rights in Content on the ETC Website
6.1 The ETC does not claim any ownership rights in the text, files, images, photos, video, sounds, works of authorship, software scripts and applications, or any other materials (collectively, “Content”) that you post on or through the ETC Services. After posting your Content to the ETC Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By displaying or publishing (“posting”) any Content on or through the ETC Services, you hereby grant to ETC a limited license to use, modify, delete from, add to, reproduce, and distribute such Content in furtherance of ETC’s mission and ETC’s sole and absolute discretion to other ETC members.
6.2 The license that you grant to ETC is non-exclusive (meaning that you are free to license your Content to anyone else in addition to ETC); fully paid and royalty-free (meaning that ETC is not required to pay you for the use on the ETC Services of the Content that you post); sublicensable; and worldwide (because the Internet and the ETC Services are global in reach).
6.3 By uploading or otherwise posting any Content to the ETC Website, you represent, warrant, and covenant that: (i) you own the Content posted by you on or through the ETC Services or otherwise have the right to grant the license set forth in this Section 6; (ii) the posting of your Content on or through the ETC Services does not violate any applicable laws, including but not limited to all applicable data protection laws and the privacy rights, publicity rights, intellectual property rights, copyrights, contract rights, or any other rights of any person or entity; and (iii) you have obtained the prior consent of any individuals whose personal information you use, disclose, or transmit on or through the ETC Services. You agree to pay for all royalties, fees, and any other monies owing to any person or entity by reason of any Content posted by you on or through the ETC Services.
6.5 The ETC Services contain Content of Users and other ETC licensors. Except as provided within this Agreement and subject to ETC’s copyright policy (viewable at ETC.org), you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the ETC Services.
6.6 ETC performs technical functions necessary to offer the ETC Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the ETC Services.
7. Content Posted.
7.1 ETC may reject, refuse to post, or delete any Content for any or no reason, including Content that in the sole judgment of ETC violates this Agreement or which may be offensive or illegal, violate the rights of any person or entity, or harm or threaten the safety of any person or entity. ETC assumes no responsibility for monitoring the ETC Services for inappropriate Content or conduct. If at any time ETC chooses, in its sole discretion, to monitor the ETC Services, ETC nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
7.2 You are solely responsible for the Content that you post on or through any of the ETC Services, any material or information that you transmit to other Members, and your interactions with other Users. Your Emerging Technology Council profile may not include the following items: any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. The Emerging Technology Council assumes no responsibility or liability for inaccurate, inappropriate, offensive or sexually explicit material, products or services provided by other Emerging Technology Council Members.
8. Content/Activity Prohibited. ETC prohibits the use of the ETC Services to post or transmit Content that is illegal or depicts illegal activity. The following are examples of the kind of Content that is illegal or prohibited to post on or through the ETC Services. ETC reserves the right to investigate and take appropriate action against anyone who, in ETC’s sole and absolute discretion, violates this provision, including, without limitation, removing the offending Content from the ETC Website, terminating the Membership of such violators, and/or reporting violators to law enforcement authorities. Prohibited Content includes, but is not limited to, Content that in the sole and absolute discretion of ETC:
8.1 is patently offensive and promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;
8.2 is derogatory toward or disparaging of ETC;
8.3 publicly posts information that poses or creates a privacy or security risk to any person or organization;
8.4 constitutes or promotes information that you know is false or misleading or that promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous;
8.5 constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing copyrighted material;
8.6 involves the transmission of “junk mail,” “chain letters,” unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
8.7 contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page);
8.8 furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
8.9 solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
8.10 involves commercial activities and/or sales such as contests, sweepstakes, barter, advertising, or any other soliciting of services without prior written consent from ETC; or
8.11 violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights, or any other rights of any person or organization.
The following are examples of the kind of activity that is illegal or prohibited on the ETC Website and through use of the ETC Services. ETC reserves the right to investigate and take appropriate legal action against anyone who, in ETC’s sole and absolute discretion, violates this provision, including, without limitation, reporting such individuals to law enforcement authorities. Prohibited activity includes but is not limited to:
8.12 criminal or tortious activity, including fraud, harassment, stalking, spamming, sending of viruses or other harmful files, infringing others’ intellectual property rights (including but not limited to copyright, trademark, and patent infringement), or theft of trade or industrial secrets;
8.13 advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the ETC Services. If you breach this Agreement and solicit ETC members for services or product, your membership to the ETC will be revoked.
8.14 circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the ETC Services;
8.15 activity that involves the use of viruses, bots, worms, or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or otherwise permit the unauthorized use of or access to a computer or a computer network;
8.16 any automated use of the system, including but not limited to using scripts to post comments or upload Content;
8.17 using the account, username, or password of another Member at any time, disclosing your password to any third party, or permitting any third party to access your account;
8.18 selling or otherwise transferring your profile;
8.19 using any information obtained from the ETC Services in order to illegally abuse or harm another person, organization or entity, or attempting to do the same;
8.20 displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the ETC Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose; or
8.21 using the ETC Services in a manner inconsistent with any and all applicable laws and regulations.
9. Privacy and Security. The ETC have not, do not and will never sell users information to anyone. All user information is strictly guarded for use by individual users for personal and ETC-related purposes only.
The ETC has taken all reasonable precautions to secure the personal information available through the Emerging Technology Council. The Emerging Technology Council is password protected to allow access by registered users only. Although this precaution should effectively protect any personal information available through the ETC Services from abuse or outside interference, a certain degree of privacy risk is faced any time information is shared over the Internet.
10. Disclaimers. ETC is not responsible for and makes no warranties, express or implied, as to the user content or the accuracy and reliability of the user content posted on or through the ETC Services, whether caused by users of the ETC Services or by any of the equipment or programming associated with or used in the ETC Services, and such user content does not necessarily reflect the opinions or policies of ETC. ETC does not warrant that the ETC Services will operate error-free or that the site and its server are free of computer viruses or other harmful material. To the fullest extent permitted by the law, the ETC disclaims all warranties, including the warranties of merchantability, non-infringement, and fitness for particular purpose. Profiles and third-party applications created and posted by members on the ETC Website may contain links to other websites. ETC is not responsible for the content, accuracy, or opinions expressed on such websites, and such websites are not necessarily investigated, monitored, or checked for accuracy or completeness by ETC. Inclusion of any linked website on the ETC Services does not necessarily imply approval or endorsement of the linked website by ETC. When you access these third-party sites, you do so at your own risk. ETC takes no responsibility for third-party advertisements or third-party applications that are posted on or through the ETC Services, nor does it take any responsibility for the goods or services provided by its advertisers. ETC is not responsible for the conduct, whether online or offline, of any user of the ETC Services. ETC assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, unauthorized access to, or alteration of any user or member communication. ETC is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, or software or the failure of any e-mail or players because of technical problems or traffic congestion on the internet or on any of the ETC Services or combination thereof, including any injury or damage to users or to any person’s computer related to or resulting from participation or downloading materials in connection with the ETC Services. Under no circumstances shall ETC be responsible for any loss or damage, including personal injury or death, resulting from use of the ETC Services, from any user content posted on or through the ETC Services, or from the conduct of any users of the ETC Services, whether online or offline. The ETC Services are provided “as is” and as available, and ETC expressly disclaims any warranty of fitness for a particular purpose or non-infringement. ETC cannot guarantee and does not promise any specific results from use of the ETC Services.
11. Limitation and Liability. In no event shall the ETC be liable to you or any third party for any damages whatsoever, including, without limitation, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit damages, resulting from the use of or inability to use information or materials available from the use of ETC Services, even if ETC to the contrary contained herein, ETC’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 ETC for the ETC Services during the term of membership.
12. Disputes. The Agreement shall be governed by, and construed in accordance with, the laws of Delaware, without regard to its conflict of law provisions. Your organization and the ETC agree to submit to the exclusive jurisdiction and venue of the appropriate state or federal court to resolve any dispute arising out of the Agreement or the ETC Services. Each of the parties hereby knowingly, voluntarily, and intentionally waives any right that it may have to a trial by jury in respect of any litigation (including but not limited to any claims, counterclaims, cross-claims, or third-party claims) arising out of, under, or in connection with this agreement. Further, each party hereto certifies that no representative or agent of either party has represented, expressly or otherwise, that such party would not, in the event of such litigation, seek to enforce this waiver of right to jury trial provision. Each of the parties acknowledges that this section is a material inducement for the other party entering into this agreement.
13. Indemnity. By using the ETC Services, you agree to indemnify, defend, and hold harmless the ETC Website or any of the ETC Services and their respective officers, agents, employees, successors from and against any and all losses, liability, claims, damages, costs, and expenses including reasonable attorneys’ fees, made by any third party that may arise from your use of the ETC Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or if any Content that you post on or through the ETC Services causes ETC to be liable to another. The ETC will provide notice to you of any such action or claim, and reserves the right to participate, at our expense, in the investigation, settlement, and defense of any such action or claim.
14. Other. This Agreement is accepted upon your use of the ETC Website or any of the ETC Services and is further affirmed by your becoming a Member. This Agreement constitutes the entire agreement between you and ETC regarding the use of the ETC Services. The failure of ETC to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.