Terms of Service

October 23, 2023

1. INTRODUCTION

The website located at TheAssociation.AI (the “Website”) is a copyrighted work owned by TheAssociation.AI the “Company”)(herein referred to as “we”, “us” or “our”). Our Website and any other websites, podcasts, applications, widgets, e-mail notifications and other mediums through which you have accessed this Agreement (via desktop, mobile or other application) are collectively referred to as the “Services” and are further defined in Section 1.2 below.

1.1 Agreement

You agree that by registering, accessing or using our Services you are entering a legally binding agreement with us. If you do not agree to the following terms, do not access or otherwise use any of our Services.

The terms of this agreement include these Terms of Use, our Privacy Policy, and our Cookie Policy (collectively, the “Agreement”).

THESE TERMS OF USE ALSO INCLUDE A PROVISION FOR RESOLUTION OF DISPUTES BY ARBITRATION INSTEAD OF IN COURT.

1.2 Services

The Services means websites, products, podcasts, offerings or other channels accessible through any Internet or wireless enabled device.
By using or accessing the Services in any manner, you or the entity you represent agree that you have read and agree to be bound by this Agreement to the exclusion of all other terms. If you do not agree to all the terms and conditions of this Agreement, you have no right to use and should not use the Services.

1.3 Use of Our Services

By using our Services, you agree to comply with the following terms and conditions:

Appropriate Usage: You must use our Services in a manner that is consistent with all relevant laws and regulations. Engaging in activities that may be considered unlawful, obscene, harmful, abusive, defamatory, threatening, or otherwise objectionable is strictly forbidden. Upholding others’ rights, dignity, and privacy is of utmost importance.
User Accounts: You are responsible for all activities maintaining the confidentiality of your user account credentials. You are liable for all activities under your account. If you suspect any unauthorized access to your account, notify us immediately.
Data Usage: Our Services may involve the collection, storage, and processing data. By using our Services, you consent to the collection and use of your information as outlined in our Privacy Policy.
Intellectual Property: All content or materials provided through our Services, including but not limited to text, images, software, and trademarks, remain exclusively the property of TheAssociation.AI. To reproduce, distribute, and modify these materials without our explicit written consent is unacceptable. Use them solely for the purpose of using our Services.
Prohibited Activities: Engaging in actions that pose a risk to the availability, integrity, and security of our Services is strictly prohibited. These actions include, but are not limited to, hacking, introducing malware, unauthorized intrusion, or any form of unethical conduct. Reverse-engineering, decompiling, or disassembling our Services and other service components is forbidden.
Conduct Standards: Users are encouraged to foster a respectful, inclusive, and professional community. Harassment of any kind and form, including but not limited to cyberbullying, hate speech, or any offensive language, is not tolerated and will result in immediate account suspension.
Content Submission: You are solely responsible for ensuring that you have the necessary rights to share any content you share to our Services, including text, images, or other materials. You may not submit and content that infringes on the intellectual property or privacy of others.
Termination: TheAssociation.AI reserves the right to terminate or suspend your account and access to our Services if you fail to comply with these terms and conditions.
Change to Services: At our sole discretion, we may modify, suspend, or discontinue our Services, or any part thereoft, at any time without prior notice.
Disclaimer: TheAssociation provides no warranties related to the use of our Services. Your use of our Services is undertaken entirely at your own risk.

1.4 Modifications

TheAssociation reserves the right to revise these terms at any time. It is your responsibility to stay informed and review these terms periodically for any changes.

2. OBLIGATIONS

2.1 Access to the Services

The Services are owned and operated by the Company. We may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or Content (as defined below). We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.

2.2 Service Eligibility

You must be 18 or older to use our Services. Minors under 18 and at least 13 years of age are only permitted to use our Services under the direct supervision and with the permission of a parent or legal guardian. Children under 13 are not permitted to use the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.

We do not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register for the Services. If you are under 13, please do not attempt to register for the Services or send any information about yourself to us, including your name, address, telephone number, or email address. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at contactus@theassociation.ai

2.3 Notices and Messages

You agree that we will provide notices and messages to you in the following ways: (1) within the applicable Service or Website, or (2) sent to the contact information you provided us (e.g. email, phone number, physical address). You agree to keep your contact information up to date.
Please review your applicable settings and/or email preferences to control and limit the messages you receive from us.

3. WEBSITE, SERVICES AND CONTENT

The Website, the Services, and their Content (as defined below) may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Website or through the Services (including, but not limited to podcasts, videos, text, graphics, articles, photographs, images, illustrations, and User Submissions (as defined below) (collectively, the “Content”) are protected by copyright, pursuant to U.S. copyright laws, international conventions, and other copyright laws. You shall abide by all copyright notices, trademark rules, information, and restrictions contained therein, and shall not use, copy, reproduce, link to, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit any of the foregoing for any purposes whatsoever: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.

The Company reserves all of its intellectual property rights in the Website and Services. Using the Website and Services does not give you any ownership therein. Trademarks and logos used on and in connection with the Website and Services are the trademarks of their respective owners. TheAssociation.AI and other Company trademarks, service marks, graphics, and logos used for our Website and Services are trademarks or registered trademarks of the Company.

3.1 Your Content

User Submissions

You understand that by providing content, materials or information to Company or in connection with the Services (collectively, “User Submissions”), you grant Company a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable, and transferable right to fully exploit, reformat, modify, create derivative works of, excerpt, or translate such User Submissions (including all related intellectual property and proprietary rights) in connection with the Services, the Website, and Company’s (and its successors’ and assigns’) business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels. For clarity, the foregoing license grant to Company does not affect your ownership of or right to grant additional licenses to the material in your User Submissions, unless otherwise agreed in writing.

You waive any and all rights of privacy, publicity, or any other similar rights of a similar nature in connection with your User Submissions, or any portion thereof, including, without limitation, your name, likeness, voice, image, and persona or any advertising or publicity relating thereto. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Submissions. You expressly release Company and all of Company’s agents, partners, subsidiaries, affiliates, licensees, successors, and assigns from any and all claims, demands, liabilities, and causes of action, whether now known or unknown, for defamation, copyright infringement, violation of moral rights, and invasion of the rights to privacy, publicity, or personality or any similar matter or based upon or relating to the use of your User Submissions. Notwithstanding the preceding sentences of this Section, you should let us know immediately if you object to any uses of your User Submissions on or through the Services or in the promotion of the Services.

If you are not the owner of or are not fully authorized to grant all necessary rights in, all of the elements of the User Submissions you intend to provide, then you must not provide the User Submissions to or through the Services. We will have no liability to you for any actions taken by us pursuant to this Section.

User Information

We may access, store, process and use any information and personal data that you provide in accordance with the terms of the Privacy Policy and your choices (including settings). You also agree that your account information will be truthful.

User Feedback

We may use any reports, comments, and suggestions in any form regarding the Services that you provide to use (collectively, the “Feedback”). You grant us a worldwide, non-exclusive, irrevocable, perpetual, royalty-free right and license to incorporate and use the Feedback in connection with any products and services.

3.2 Other Users’ Content

You understand that all information publicly posted or privately transmitted through the Services is the sole responsibility of the User from which such Content originated and that Company will not be liable for any errors or omissions in any Content. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.

3.3 Availability; Access

We may change, suspend or discontinue any of our Services. We don’t promise to store or keep showing any information and Content that you may have provided.

You agree that we have no obligation to store, maintain or provide you a copy of any Content or information that you or other Users provide, except to the extent required by applicable law and as noted in our Privacy Policy.
The Company reserves the right to limit your use of the Services and to restrict, suspend, or terminate your use if the Company believes that you may be in breach of this Agreement or law or are misusing the Services.

3.4 Third Party Services

The Website or Services may link to, allow access to or otherwise incorporate websites, products or services offered by third parties not owned or controlled by Company or User Sites, as applicable (“Third Party Services”). When you access Third Party Services, you do so at your own risk and should make whatever investigation you feel necessary or appropriate before using such Third Party Service or conducting any transactions thereon. You hereby represent and warrant that you have read and agree to be bound by all applicable policies of any Third Party Services relating to your use of the Services (“Third Party Policies”) and that you will act in accordance with those policies, in addition to your obligations under this Agreement. To the extent there is a conflict between any term in the Third Party Policies and this Agreement, the term in the Third Party Policies shall take precedence. Company has no control over, and assumes no responsibility for, the content, services, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Services. In addition, Company will not and cannot monitor, verify, censor or edit the content of any Third Party Services. Company may modify or discontinue your use of, or access to, the Third Party Services, or any content or services available thereunder, at any time in its sole absolute discretion with or without notice to you. By using the Services, you expressly relieve and hold harmless Company from any and all liability arising from your use of any Third Party Services, including without limitation any damages or losses incurred as a result of any transactions thereon.

4. RESTRICTIONS

You warrant, represent and agree that you will not contribute any Content or otherwise use the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) involves commercial activities and/or sales without Company’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including without limitation any employee or representative of Company; or (vi) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program.

Company reserves the right to remove any Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Company is concerned that you may have breached the immediately preceding sentence), or for no reason at all. You, not Company, remain solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such content to Company and to grant Company the rights to use such information in connection with the Services and as otherwise provided herein.

You are responsible for all of your activities in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the Services. Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of auto-responder, or “spam” on the Services, or any processes that run or are activated while you are not logged on to the Website, or that otherwise interfere with the proper working of or place an unreasonable load on the Services’ infrastructure. Further, the use of manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any page of the Website is strictly prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services.

5. WARRANTY DISCLAIMER

Company has no special relationship with or fiduciary duty to you. You acknowledge that Company has no control over, and no duty to take any action regarding which users gain access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Company from all liability for you having acquired or not acquired Content through the Services. The Services may contain or direct you to websites containing, information that some people may find offensive or inappropriate. The company makes no representations concerning any content contained in or accessed through the Services, and Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. Company makes no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. THE SERVICES, CONTENT, WEBSITE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITE, AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

6. PRIVACY POLICY

For information regarding Company’s treatment of personally identifiable information, please review Company’s current Privacy Policy, which is hereby incorporated by reference; your acceptance of this Agreement constitutes your acceptance and agreement to be bound by our Privacy Policy.

7. INDEMNITY

You will indemnify and hold Company, its parents, subsidiaries, affiliates, officers, suppliers, licensors, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.

9. LIMITATION OF LIABILITY

IN NO EVENT SHALL COMPANY OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE WEBSITE OR THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT GREATER THAN $100; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL.

10. TERMINATION

This Agreement shall remain in full force and effect while you use the Services. You may terminate your use of the Services at any time. Company may terminate or suspend your access to the Services at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your use. Company may also terminate or suspend any and all Services and access to the Website immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Upon termination of your account, your right to use the Services, access the Website, and any Content will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, those relating to payment obligations, ownership provisions, warranty disclaimers, and limitations of liability.

12. MISCELLANEOUS

The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with Company’s prior written consent. Company may transfer, assign or delegate this Agreement and its rights and obligations without consent. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement (provided that if a separate written agreement with respect to Company products or services exists between you and Company, the terms and conditions of that written agreement shall take precedence over this Agreement in the event of any conflict), and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind the Company in any respect whatsoever. Headings for each section have been included above for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede. Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company’s reasonable control.

13. ARBITRATION; GOVERNING LAW; OUR REMEDIES

This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions thereof. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Berkeley, California, using the English language in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Streamlined Arbitration Rules and Procedures of JAMS. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Northern District of California.

You acknowledge that we may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, we shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement.

14. COPYRIGHT DISPUTE POLICY

Company has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at https://www.copyright.gov/legislation/pl105-304.pdf). The address of Company’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this Section. It is the Company’s policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.

Procedure for Reporting Copyright Infringements:

If you believe that material or content residing on or accessible through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below: 1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed; 2. Identification of works or materials being infringed; 3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Company is capable of finding and verifying its existence; 4. Contact information about the notifier including address, telephone number and, if available, email address; 5. A statement that the notifier has a good faith belief that the material identified in (3) is not authorized by the copyright owner, its agent, or the law; and 6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:
It is the Company’s policy:

1. To remove or disable access to the infringing material; 2. To notify the content provider, member or user that it has removed or disabled access to the material; and 3. Those repeat offenders will have the infringing material removed from the system and that Company will terminate such content provider’s, member’s or user’s access to the Services.

Procedure to Supply a Counter-Notice to the Designated Agent:
If the content provider, member or user believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider, member, or user, must send a counter-notice containing the following information to the Designated Agent listed below: 1. A physical or electronic signature of the content provider, member or user; 2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled; 3. A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and 4. Content provider’s, member’s or user’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or, if the content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which Company is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, Company may send a copy of the counter-notice to the original complaining party informing that person that Company may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Company’s discretion.

15. CONTACT

If you have any questions, complaints, or claims with respect to the Services, you may contact us at Email: contactus@theassociation.ai