Insurance Discourse

Insurance Discourse User Agreement

Effective Date: August 15, 2018

1. When you use Insurance Discourse you agree to these terms.

2. Our relationship ends whenever either party chooses to end it subject to other provisions of this agreement.

3. This User Agreement applies to members, website users and visitors, registered and unregistered Insurance Discourse live event participants, event teams including other persons involved before, during or after an Insurance Discourse event.

4. We may modify, alter otherwise make changes to this User Agreement at our sole discretion at any time and from time to time, which you will be deemed to agree if you use Insurance Discourse.

5. For the purposes of the agreement, the terms “Insurance Discourse Events” and “Events” means official Insurance Discourse Event types with published descriptions and rules found on the website. In some cases, users may describe or link to other events in their profiles or elsewhere on the website. These may include events by third parties that are not associated with Insurance Discourse and are governed by their respective terms of services and policies, and we disclaim any and all liability for third-party acts or omissions related to such events. Listing of third party events on the website is not to be considered an express or implied recommendation or endorsement by of such events by Insurance Discourse.

6. The material, content and services of Insurance Discourse and accessible from this site (collectively,"Content") constitutes our proprietary information or the party that provided or licensed the Content to us and we, and they, retain all rights, title and interest in the Content. The Content may not be copied, decompiled, reverse engineered, disassembled, transferred, distributed, republished, resole, sublicensed, uploaded, posted used to create derivative works, or transmitted in any way without the prior written consent of us or the Content owner.

7. We take your privacy very seriously. Any personal data you provide is subject to our Privacy Policy. By using our site, you agree to have your personal data collected, transferred, used and processed in the United States. We cannot guarantee that any third parties will not gain unauthorized access, use or disclosure of your personal data, and you provide any Submitted Material (defined below), including personal information at your own risk.

8. We may assign this agreement without your consent to an affiliate or to a party that buys us or it.

9. You agree to act within the guidelines of the most current versions of Insurance Discourse Decorum and event type specific rules.

10. You will not use Insurance Discourse unless you are at least 18 years old.

11. You agree to keep your contact information updated.

12. You agree to provide or share only truthful information that you have the right to share and to never intentionally mislead.

13. You understand that any notices we provide will be directed to the most recent contact information you have provided.

14. You will follow the law including antitrust laws when using Insurance Discourse.

15. You will not share your password or give access to your account to anyone else.

16. You will honor any financial commitments you make on Insurance Discourse.

17. You understand that our prices are subject to various taxes.

18. Unless otherwise indicated in official Insurance Discourse promotional materials found on the website or agreed to in writing, subscription-based services such as but not limited to licensing a company directory page are non-refundable licenses with a one-year term which start on the day of payment and automatically renew upon expiration unless notified otherwise by the licensee 30 days prior to expiration. For the avoidance of doubt, access to individual events are not subscription base services subject to term-based licensees.

19. We may or may not agree that a refund is due you.

20. Insurance Discourse event tokens have no monetary or use value other than registering for Insurance Discourse events which are subject to published use restrictions that can be updated from time to time at our sole discretion.

21. Others can obtain information you share on our site, at an Event or directly or indirectly related to an event and may copy, share, or otherwise use that information.

22. If you use content provided by others on our site, at an event or directly or indirectly related to an event, you understand that you use it at your risk and that we have not evaluated whether its use is in violation of any rule, agreement, policy or law or if it is factual.

23. By using our site or participating directly or indirectly in an Insurance Discourse event, you are granting us a non-exclusive, perpetual, transferrable, irrevocable, royalty-free sub-licensable, and worldwide license to use, reproduce, adapt, distribute, modify, edit, publish, publicly display, list information , and to make derivative works of all submitted information you may provide, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with Insurance Discourse (“Submitted Material”).

24. In using our site, you may be provided the ability to contact us through email addresses, contact forms, or other means. To the extent that you do so and send along any ideas, input, feedback, or anything of similar nature, your grant us a perpetual, irrevocable, nonexclusive, royalty-free license to use any such ideas, input, feedback, or anything of similar nature to change our existing products or services, to develop new products or services, or otherwise in our business.

25. We may change our site, our policies or our prices at any time and from time to time in our sole discretion.

26. You agree to provide us with accurate, complete and up to date billing information.

27. We are not responsible for any third-party activities that may occur on our site or at an event. While we may advertise or otherwise promote our site and our events, and we may contact, discuss or encourage access and use of our site or attendance at events by third parties, or permit, encourage or assist third parties to attend, participate, moderate or lead one of our events, you understand that none of such persons’ views, advice, recommendations or suggestions represent our views or beliefs, and we disclaim responsibility and shall not be liable in any respect whatsoever for the views, advice, recommendations or suggestions offered by third parties on our site, or at an event.

28. Users are prohibited from linking to third-party events on any webpage including but not limited to user profiles, company directory listings and spotlight pages unless explicitly allowed in accordance with Insurance Discourse Policy on Third-Party Events or express written consent from Insurance Discourse is obtained.

29. We may enable you to use third-party services on our site, at an Insurance Discourse event or related to an Insurance Discourse Event. Any fees for use of third-party services will be billed to you directly by those third-parties. The services provided by any third parties are governed by their respective terms of services and policies, and we disclaim any and all liability for third-party acts or omissions.

30. We may choose to limit or disable your access to some or all functionality of our site and to our Events, or to remove, disable or restrict access to or the availability of any Submitted Material in our discretion. We may also retain and use your Submitted Material as necessary to provide our services to you, comply with our legal obligations, resolve disputes and enforce our agreements.

31. Our site and materials provided at live events may contain offers by third-parties and links to other third-party sites, which are not maintained by, or related to, us. We have not reviewed such sites or materials and are not responsible for the content of those sites or materials. Links are to be used and third-party sites accessed at your own risk. We make no representations or warranties about the content, completeness or accuracy of these links or the sites hyper-linked to this site or provided at an event. We reserve all of our intellectual property rights and using our site or participating in an event does not give you any ownership or rights. Trademarks, product and service names, designs, slogans and logos used on our site or in any of our materials are the trademarks of their respective owners. Insurance Discourse logos, marks and graphics are our trademarks or registered trademarks. You may not use such marks without our prior written permission, or as otherwise set out in this User Agreement.

32. Disclaimer: We cannot and do not guarantee or warrant that files, information and data available for accessing or downloading from this site will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output and maintain a means external to this site for any reconstruction or backups of any lost data.

We don’t assume any responsibility or risk for your use of the Internet. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WE DON’T WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVICE THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULTS OF USE, OF THE CONTENTS IN TERMS OF ACCURACY, RELIABILITY OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND WE MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT US, ASSUME THE ENTIRE COSTS OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE TO YOU OR YOUR PROPERTY ARISING FROM THE ACCESS OR USE OF THIS SITE OR ITS CONTENT. WE MAKE NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL INFRINGE THE RIGHTS OF OTHERS AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSION IN SUCH CONTENT.

All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and we do not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer accurate or complete.

We don’t assume any responsibility or risk for your activities at event locations owned or operated by third parties. ACTIVITIES AT AN EVENT LOCATION ARE AT YOUR OWN RISK.

33. LIMITATION OF LIABILITY: WE, OUR SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “HELD HARMLESS PARTIES”) WILL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES INCLUDING, WITHOUT LIMITATION LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF SAVINGS, LOSS OF INFORMATION AND DATA, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF ANY OF THE HELD HARMLESS PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE HELD HARMLESS PARTIES (REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY) EXCEED FIVE HUNDRED DOLLARS ($500).

You will indemnify and hold harmless the Held Harmless Parties as a result of any breach by you of this User Agreement, or with respect to any claims brought by third parties arising out of your use of the information accessed from this site, from and against any loss, liability or damages including, without limitation, reasonable attorney’s fees and expenses, and any action, suit or proceeding involving, arising out of or related to the foregoing.

If any term of this User Agreement is found to be unenforceable by an authorized court of law, we agree to exclude the term only to the extent of its unenforceability and with the aim of preserving the term’s original intent. We also agree to leave all other terms unchanged

34. No delay or failure by us to enforce any of the terms of this User Agreement shall constitute a waiver of any of our rights. The only way to provide us legal notice is at the following address: Deep Elm Group, Cambridge Innovation Center One Broadway St. Cambridge MA 02139

35. ARBITRATION: YOU SHOULD READ THIS ARBITRATION SECTION VERY CAREFULLY SINCE IT MAY SIGNIFICANTLY AFFECT YOUR RIGHTS TO INITIATE LAWSUITS

Any controversy or claim involving, arising out of related to this User Agreement or any of the other agreements and policies referenced in this User Agreement shall be exclusively and finally settled by binding arbitration in accordance with the most current commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated before a single arbitrator in New York, New York, and judgment on the arbitration award may be entered in any court having jurisdiction thereof.

36. No delay or failure by us to enforce any of the terms of this User Agreement shall constitute a waiver of any of our rights. The only way to provide us legal notice is at the following address: Deep Elm Group, Cambridge Innovation Center One Broadway St. Cambridge MA 02139

37. In addition to any excuse provided by applicable law, we shall be excused from any claim, loss liability or damage involving, arising from or due to any event beyond our reasonable control, whether or not foreseeable including, but not limited to, labor or civil disturbance, war, fire, accident, adverse weather, governmental act or regulation, terrorist incident, internet hacking, failure or delay caused by a third party internet service provider or telecommunications or improperly designed, maintained or managed event facilities.