Terms

TERMS OF USE

ChangeNerd Technologies is referred to ChangeNerd Community on this site.

By responding to the confirmation e-mail with an affirmative response, (i.e. type “I agree” or “I accept” in your reply), you accept all the terms, conditions, and notices contained or referenced herein (the “Terms”) as well as on The ChangeNerd Community’s web-site (the “Site”) Privacy Policy, and the confirmation e-mail.

License – The ChangeNerd Community’s Use of Content

Upon subscribing to The ChangeNerd Community’s information service, you acknowledge and agree to grant The ChangeNerd Community an irrevocable, perpetual, worldwide, unrestricted, royalty-free right and license (the “License”) to use, edit, reproduce, publish, translate, sublicense, assign, copy and distribute and/or incorporate into other works in any form, media, or technology now known or hereafter developed, without compensation of any kind to you or your company (i) any and all content (including but not limited to research reports, subscription lists, customer requests, business studies and analyses, logos, email dialogues, threaded discussions, web or phone conferences, meeting notes from conferences and events), materials, information, opinions, software applications, products, services, site design elements and graphics and related documentation that you may provide or make available to The ChangeNerd Community in any form whatsoever (including but not limited to written and verbal communications and conversations) as well as any and all Content previously provided or made available by you to The ChangeNerd Community since becoming a subscriber to The ChangeNerd Community irrespective of your date of your subscription (collectively, the “Content”); and (ii) any and all trademarks related to the Content ; provided such right and license may only be exercised for the benefit of The ChangeNerd Community’s information service.

You represent and warrant that you and your company owns or otherwise control all of the rights to the Content, have the full right and authority to use and/or license such Content to third parties, that none of such Content is subject to any copyright or other proprietary right of a third party and use by The ChangeNerd Community will not infringe any rights, including without limitation intellectual property rights, of any third party.

 

You represent and warrant that you and your company owns or otherwise control all of the rights to the Content, have the full right and authority to use and/or license such Content to third parties, that none of such Content is subject to any copyright or other proprietary right of a third party and use by The ChangeNerd Community will not infringe any rights, including without limitation intellectual property rights, of any third party.

Proprietary Rights

You acknowledge and agree that The ChangeNerd Community is the sole and exclusive owner of any and all content, materials, information, software applications, products, services, site design elements and graphics and related documentation on our site other than the Content as provided by The ChangeNerd Community subscribers or their companies as discussed above (”The ChangeNerd Community Materials”).

 

Upon your subscription to The ChangeNerd Community, you further acknowledge and agree that The ChangeNerd Community shall be the sole and exclusive owner of any and all Content derived from all meetings, forums and exchanges and The ChangeNerd Community shall have the unfettered right to use, edit, reproduce, publish, translate, assign, copy and distribute and/or incorporate into other works in any form, media, or technology now known or hereafter developed which is derived from such original Content, without compensation of any kind to you or your company including: (i) any and all dialogues or conversations via face-to-face events, discussions, conference calls, online forums, or chat and email electronic communications that result from or take place through or facilitated by The ChangeNerd Community in connection with your subscription (collectively, the “Dialogues”); (ii) any and all photographs taken by The ChangeNerd Community at meetings or forums or in connection with your subscription (”Photographs”); and (iii) any and all changes, corrections, modifications, adaptations, additions to, enhancements, and up-dates to the Content, Dialogues and Photographs ; provided such right may only be exercised for the benefit of The ChangeNerd Community information service.

 

Limitations of Use

Except as expressly authorized in writing by The ChangeNerd Community, you shall have no rights to any ChangeNerd Community Materials, the Dialogues, the Photographs, or third party Content as provided to The ChangeNerd Community by any other subscriber, and agree not to use in any way whatsoever, including without limitation, the sale, license, rental, modification, distribution, or reproduction of any ChangeNerd Community Materials, the Dialogues, the Photographs, or such third party Content. The ChangeNerd Community reserves the right to not publish or to remove any Content, Dialogues, Logos and Photographs that they deem, at any time and in their sole discretion, to be inappropriate for the Site or any ChangeNerd Community event or forum, for any reason whatsoever without notice.

Disclaimers and Warranties

Our services, the site, all ChangeNerd Community materials, content, dialogues and photographs included in or available through the site or at ChangeNerd Community events, forums or exchanges are provided “as is” and “as available” for your use as provided by the terms and conditions of this agreement, and are used entirely at your risk. Our services, the site, all ChangeNerd Community materials, content, dialogues and photographs included in or available through the site or at or through ChangeNerd Community events, forums or exchanges are provided without warranties or representations of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or no infringement. The ChangeNerd Community, its subsidiaries, its affiliates and its licensors do not warrant or represent that their services including access to and use of the site will be available at any particular time or location, be uninterrupted, timely or secure; meet your requirements or expectations in terms of the quality of the information provided; that any defects or errors will be corrected; or that the site, all ChangeNerd Community materials, content, dialogues and photographs thereon are free of viruses or other harmful components. Your use of our services and the site is solely at your risk. Our site may contain links to other web sites. The ChangeNerd Community makes no warranty express or implied as to any such linked web sites including but not limited to any warranties of the accuracy, ownership, validity or legality of any content of a linked web site and is not responsible for the availability of these web sites or their content.

Limitation of Liability

Under no circumstances shall The ChangeNerd Community, its subsidiaries, its affiliates or its licensors be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from your subscription and our services. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if The ChangeNerd Community has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, The ChangeNerd Community’s liability in such jurisdictions shall be limited to the extent permitted by law. The ChangeNerd Community shall in no way be responsible for any detrimental reliance you may place on the services, the site, ChangeNerd Community’s materials, contents, dialogues or photographs.

Indemnification

Upon a request by The ChangeNerd Community, you agree to defend, indemnify, and hold harmless The ChangeNerd Community and its subsidiaries and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including lawyer’s and other professionals’ fees, that arise from your subscription and our services including your use or misuse of our Site, or any ChangeNerd Community Materials, Content, Dialogues or Photographs posted thereon or at or through any ChangeNerd Community event, forum or exchange attended by you. The ChangeNerd Community reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with The ChangeNerd Community in asserting any available defense.

Choice of Law or Forum

These Terms shall be governed by and construed in accordance with the laws of Massachusetts and the federal laws of the United States, excluding its conflicts of the laws rules.

Term and Termination

The term of this agreement shall be for twelve (12) calendar months beginning on the day you respond to the confirmation e-mail with an affirmative response, (i.e. type “I agree” or “I accept” in your reply), hereby known as your “anniversary date.” The term will be automatically extended by twelve (12) additional calendar months on future anniversary dates unless you submit in writing your intention to cancel this agreement more than 30 days prior to your anniversary date.

The ChangeNerd Community reserves the right, at any time and at its sole discretion, to terminate your subscription and your access to all or part of The ChangeNerd Community’s service including conferences, forums of electronic forms of exchange, with or without notice.

Satisfaction Guarantee

The ChangeNerd Community unconditionally guarantees your satisfaction with the service offered under this subscription. If at any time in the first sixty (60) days of your agreement you are dissatisfied, you are entitled to a full refund.

 

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