Terms & Conditions
The initial term of EMBITZ membership is one (1) year (“Initial Term”). EMBITZ shall send membership renewal reminders to its Members at least fourteen (14) days prior to the Member’s membership renewal date.
Certain EMBITZ Content may be marked “Confidential” or “Proprietary.” In that event, Member agrees to maintain the confidentiality of such content and not disclose or make it available to any third parties.
Contributions to EMBITZ
Members may contribute to EMBITZ Content, in various forms including, but not limited to, submitting ideas, participating in committees, and making presentations. Member hereby fully and irrevocably grants, assigns and conveys to EMBITZ all right, title and interest worldwide in and to all Content conceived, reduced to practice, authored, developed or delivered by Member, Member’s officers, directors, employees, agents and independent contractors acting on Member’s behalf, either solely or jointly with others, including, but not limited to (i) any Content expressly labeled as “Content” or provided with an express statement that it is a contribution to EMBITZ; (ii) any Content provided to EMBITZ to be included in EMBITZ standards, specifications, policies, guidance, reports, analyses, procedures that are published by the EMBITZ or as part of a larger compilation or identified as a EMBITZ publication, whether in written or electronic form; or (iii) any Content that is developed in connection with Member’s membership in EMBITZ, developed in connection with Member’s participation in a EMBITZ working group or committee, or developed by Member in connection with Member making a presentation at a EMBITZ event. For purposes of this provision, “Content” means images, text, written works, standards, designs, graphics, pictures, business and product names, domain names, corporate names, logos, slogans, inventions (whether or not patentable), processes, formulae, industrial models, specifications, data, databases and data collections, technology, methodologies, computer programs (including all source codes, object codes, firmware, software, development tools, files, records and data and improvements thereof), software and any and all other copyrightable material. Content shall be the exclusive property of EMBITZ (becoming EMBITZ Content) and EMBITZ shall have the right to use the Content, or any part or parts thereof, as it sees fit. Member will not seek, and will require its officers, directors, employees, agents and independent contractors acting on its behalf, not to seek, patent, copyright, trademark, registered design or other protection for any rights in any such Content. Member agrees that it shall require its personnel, at EMBITZ’s expense, to take any actions and execute all documents as EMBITZ may reasonably require to vest in EMBITZ or its nominees the rights referred to herein and to secure for EMBITZ or its nominees all right, title and interest in and to the Content.
Online Payment Center Terms and Conditions
By accessing or using EMBITZ’s online payment service, Member agrees to be bound by all applicable terms and conditions. EMBITZ may modify the terms and conditions at any time, with or without notice.
The EMBITZ online payment service is provided to Member to facilitate payment of dues, sponsorships and other products and services. Member will receive a confirmation once payment has been received. PayPal, a third party service, processes payments.
EMBITZ will not be liable for any deficiencies in the accuracy, completeness, availability, privacy, security or timeliness of payment information sent via this online payment service. EMBITZ will not be liable for any damages of any kind arising from the use of this online payment site, including, but not limited to, direct, indirect, incidental, consequential, exemplary, and punitive damages. EMBITZ will not be liable for any breach of Member’s personal or credit card information resulting from the interception of such information during its transmission to EMBITZ. Member expressly agrees that its use of this service is at Member’s sole risk. Member agrees that it will not intentionally provide false information when accessing or using the EMBITZ’s online payment service.
EMBITZ is committed to Member’s privacy and will not distribute information sent via this service to third parties. EMBITZ’s finance and membership departments alone have access to data collected and will not store any personally identifiable information, including credit card information.
Disclaimers; Limitation of Liability
THE EMBITZ SITE, EMBITZ CONTENT AND ANY OTHER GOODS OR SERVICES PROVIDED BY EMBITZ ARE PROVIDED “AS IS” AND THERE ARE NO WARRANTIES, CONDITIONS, GUARANTIES OR REPRESENTATIONS MADE BY EMBITZ WITH RESPECT TO THE FOREGOING, WHETHER EXPRESS OR IMPLIED, IN LAW OR IN FACT, ORAL OR IN WRITING. FURTHERMORE: (a) EMBITZ MAKES NO WARRANTY THAT THE EMBITZ SITE OR EMBITZ CONTENT, AND ACCESS THERETO, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE; (b) MEMBER’S USE OF THE EMBITZ SITE AND EMBITZ CONTENT, AND MEMBER’S RELIANCE THEREON, IS AT MEMBER’S OWN RISK; (c) EMBITZ MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE ADEQUACY, TRUTH, COMPLETENESS, ACCURACY OR TIMELINESS OF EMBITZ CONTENT, AND; (d) EMBITZ EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
UNDER NO CIRCUMSTANCES SHALL EMBITZ OR ITS ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF MEMBER’S MEMBERSHIP IN EMBITZ, THE USE OF, OR INABILITY TO USE, THE EMBITZ SITE OR EMBITZ CONTENT. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF EMBITZ OR ITS ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EMBITZ’S MAXIMUM LIABILITY TO ANY MEMBER SHALL BE THE AMOUNT OF THE MEMBERSHIP DUES PAID BY MEMBER TO EMBITZ IN THE TWELVE MONTHS PRECEDING THE MEMBER’S CAUSE OF ACTION. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, EMBITZ AND ITS ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED AS MUCH AS PERMITTED BY THE LAW OF SUCH JURISDICTION.
Governing Law and Venue
These Terms and Conditions shall be construed, enforced and performed in accordance with the laws of the Netherlands, without reference to its principals of conflicts of laws, to the extent not pre-empted by federal law. The dutch court in Leeuwarden shall have exclusive jurisdiction over the parties to enforce these Terms and Conditions.