Terms and Conditions

Last Updated: June __, 2021

General

These Terms and Conditions, together with any documents they expressly incorporate by reference (collectively, the “Terms”) are entered into by and between you and the City Innovators Forum (the “Forum”, “we,” or “us”). These Terms govern your access to and use of websites owned and operated by the Forum, which include, https://cityinnovatorsforum.com and https://theinnovatorsforum.org/, and any related interfaces or mobile applications we may offer (collectively, the “Website”), and any content, exams, functionality, and services offered on or through the Website, whether you access or us them as a guest or member of the Forum.

Please read the Terms carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to be bound by the Terms, then do not join the Forum or otherwise access or use the Website. Your use of certain areas or features of the Website may be subject to additional terms and conditions as posted.

Eligible Users

By using this Website, you represent and warrant that you meet all of the following eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

No Minors. This Website is designed for senior executives from cities around the world. As such, this Website is not directed at or intended for use by minors under the age of 18. This Website does not knowingly collect personal information from persons under 18.

If you are under the age of 16 you should not be visiting the Website without parental consent. If you are under the age of 16 and are visiting or otherwise using the Website without your parent’s knowledge and consent please discontinue such use immediately and do not disclose or provide any personal information to us.

If you are a parent who learns that your child has provided us with personal information without your consent, please contact us using the information below with sufficient detail to enable us to delete that information from our records. We will act promptly on your request to delete such information.

Users Outside of the United States. Please be advised that if you are located in the European Union or another region with laws related to data collection and use that may differ from U.S. law, your personal information transferred to the U.S. may not have the same legal data protection as in your jurisdiction. If you are a non-US resident or a user in a location outside the US and you elect to register through or otherwise use this Website, you should be aware that your personal information will be transferred to the US and processed by us and by US-based service providers at our direction. For more information regarding our privacy practices, including with respect to cross-border data transfers, please see our Privacy Policy.

Intellectual Property

The Forum reserves all of its intellectual property rights in the Website. The Website and its entire contents, features, and functionality, including the text, logos, designs, icons, software, scripts, source code, graphics, photos, images, likenesses, domain names, interactive features, and the like, and the trade secrets, trademarks, trade names, service marks, and copyrights contained therein, are owned by the Forum or its partners, third-party vendors and service providers, and are proprietary and protected by U.S. and other applicable intellectual property law.

These Terms permit you to use the Website to further innovation in your city and for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website without our prior written consent, except as follows:

Your computer or mobile device may temporarily store copies of such materials in its memory incidental to your accessing and viewing those materials.

You may store files that are automatically cached by your Web browser for display enhancement purposes.

You may print or download copies of materials from our online Articles library or any other publications or materials that the Forum places on the Website to further innovation in your city or for your own personal, non-commercial use. The Website materials are not intended for further reproduction, publication, or distribution.

You must not:

Modify copies of any materials from this site.

Access or use for any commercial purposes any part of the Website.

Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials downloaded from or printed off of the Website.

If you print, copy, modify, download, or otherwise use any part of the Website in breach of these Terms, your right to use the Website is immediately terminated and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Forum. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

Purchases

If you wish to purchase any product or service made available through the Website, you may be asked to supply certain information relevant to your purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. We may require additional information from you prior to accepting or processing your order. All provisions of these Terms and the Privacy Policy apply to your purchase. We recommend you carefully review these documents before placing an order through the Website. By making a purchase through the Website, you acknowledge that you have read and understood the provisions in these Terms and agree to be bound by them.

When making a purchase through the Website, or through any other means we offer for online purchases, you may be asked to select from a list of available payment methods. You authorize the Forum and its payment processor or other service provider to charge the payment method you submit in conjunction with such registration. By submitting an order to the Forum and providing your payment method information, you acknowledge that:

you have confirmed the details of your purchase;

you have read and accept these Terms, and any applicable additional terms;

your billing and payment method information are true and accurate, and

you are legally authorized to use such payment method.

After making a purchase, you will receive a confirmation e-mail. The formation of the contract of sale between you and the Forum is not complete unless and until you have received your confirmation e-mail.

The Forum expressly reserves the right in its sole discretion to change all pricing and rights granted for any product or paid-for services offered by, through, or in relation to the Website.

The Forum further reserves the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order, if fraud or an unauthorized or illegal transaction is suspected, or other reasons.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms. Specifically, you will not:

Interfere with, tamper with, or damage the Website in any way whatsoever, including but not limited to by trespass, burdening network capacity, or otherwise disseminating viruses, worms, spyware, adware, or other harmful code.

Circumvent, disable, or otherwise interfere with access controls or security-related features of the Website or any features that prevent or restrict access, use, or copying of any content, or enforce limitations on access to or use of the Website.

Manipulate the Website by any means, including but not limited to the use of bots, botnets, automated scripts, or other automated or electronic means.

Impersonate or attempt to impersonate the Forum, a Forum employee or manager, another user or member, or any other person or entity including, without limitation, by using email addresses associated with any of the foregoing.

Reverse engineer, reverse assemble, or reverse compile the Website or any services we make available on the Website.

Use the Website or any services we make available via the Website to transmit advertising or promotional material to our members without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

Use the Website in any way that is inconsistent with applicable federal, state, local, or international law or regulation.

Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Forum or users of the Website, or expose them to liability.

Consent to Receive Communications

If you register to receive newsletters, alerts, emails or any other communications from the Forum or any of its affiliates, you consent to receive such communications. You may opt out of these communications at any time using any “unsubscribe” prompts contained in these communications.

User Submissions

If you submit comments, questions, information, files, images or other materials (each a “User Submission” and collectively, “User Submissions”) to us through the Website, by email, or otherwise, you agree that such User Submission does not (1) violate or infringe the privacy, copyright, trademark, trade dress, trade secret or intellectual property rights of any person or entity, or (2) contain or transmit a virus or any other harmful component. You represent and warrant to the Forum that you have the legal right and authorization to provide all User Submissions to the Forum for the purposes and uses as set forth herein. The Forum shall have a royalty-free, perpetual, irrevocable, transferable right and license to use the User Submissions in whatever way the Forum desires, including without limitation, to copy, link to, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell, sublicense and/or distribute such User Submissions and/or incorporate such User Submissions into any form, medium or technology throughout the world. The Forum is and shall be under no obligation, except as warranted in these Terms or the Privacy Policy or as otherwise required by law, (1) to maintain any User Submissions in confidence; (2) to pay to you any compensation for any User Submissions; (3) to provide notice to you or attribution regarding any User Submissions; or (4) to respond to any User Submissions. The Forum has the right to assert and enforce these provisions relating to User Submissions directly or on behalf of its third-party vendors and service providers.

You further understand and agree that we cannot guarantee that User Submissions sent over the Internet are completely confidential. There are certain aspects of Internet usage and the devices you use to connect to the Internet we cannot control. Therefore, transmission of information to us on the Internet must be undertaken at your own risk.

Links to Third-Party Websites

The Website may contain links to third-party websites that are not under the control of the Forum (each a “Linked Website” and together the “Linked Websites”). The Forum disclaims any and all responsibility for the contents of any Linked Website, including without limitation any link contained in a Linked Website, or any changes or updates to a Linked Website. The Forum is providing these links, if any, to you only as a convenience, and the inclusion of any link does not necessarily imply endorsement or representations by the Forum of the Linked Website or any association with its operators. You are encouraged to review any privacy policy or terms of service posted on the Linked Websites.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

The WEBSITE and all of the services AND CONTENT offered THEREIN are provided “as is” without express or implied warranty of any kind (including, without limitation, the implied warranties of merchantability, fitness for a particular purpose and noninfringement). In no event will THE FORUM, iTS AFFILIATES or SUBSIDIARIES or any of their service providers, or any of their OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, PARTNERS, AGENTS or EMPLOYEES, be liable for damages of any kind, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE website OR ANY OF THE SERVICES AND CONTENT OFFERED THEREIN, OR ANY CONTENT OR SERVICES FROM WEBSITES LINKED TO thE PLATFORM or the SERVICES AND CONTENT OFFERED THEREIN, including without limitation any special, indirect, incidental, consequential, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE AND ALL INTELLECTUAL PROPERTY TORTS AND QUASI-TORTS), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING LIMITATION DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Management of the Website

We reserve the right, but do not undertake the obligation to: (a) monitor or review the Website for violations of Terms, and for compliance with our policies; (b) report to law enforcement authorities and/or take legal action against anyone who violates these Terms; (c) refuse, restrict access to or the availability of, or remove, delete, edit or disable (to the extent technologically feasible) any Website content or any portion thereof; (d) manage the Website in a manner designed to protect our and third-parties’ rights and property or to facilitate the proper functioning of the Website; and/or (e) terminate or block your use of the Website for violating these Terms.

Without limiting any other provision of these Terms or any remedy we may have under law or in equity, we reserve the right to, in our sole discretion, and without notice or liability, restrict or deny access to the Website or to revoke the certification or cancel the membership of any person who violates these Terms, including without limitation a breach of any representation, warranty or covenant contained in these Terms, or of any applicable law or regulation.

Legal Disputes

Governing Law and Jurisdiction. The Terms and the relationship between you and us shall be governed by the laws of the State of North Carolina, without regard to its or any other jurisdiction’s conflict of law provisions. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of North Carolina located in the County of Wake. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Indemnification. You agree to indemnify, defend, and hold harmless the Forum and its directors, officers, members, employees, agents, representatives, affiliates, successors, agents, partners, clients, service providers, and contractors from and against any loss, liability, claim, demand, damage, cost, and expense (including reasonable legal fees) asserted by any third party due to or arising from or in connection with your use of or conduct on the Website, your violation of these Terms, as applicable, or your violation of any rights of another user of the Website or member of the Forum. The Forum reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.

Class Action Waiver. WHERE PERMITTED UNDER APPLICABLE LAW, YOU AND THE FORUM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR A CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.

Arbitration. At the Forum’s sole discretion, it may require you to submit any disputes arising from the use of the Website or arising out of these Terms, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying North Carolina state law, with such arbitration to take place in the State of North Carolina, County of Wake. Notwithstanding this provision for arbitration, either party may be entitled to seek injunctive relief from a court of competent jurisdiction at any time.

No Obligation to Participate in Disputes. If there is a dispute between users of the Website or between the Forum’s members, or between a user or Forum member and any third party, you understand and agree that the Forum is under no obligation to become involved. In the event that you have a dispute with one or more other parties, you release the Forum and its officers, members, employees, agents, representatives, affiliates, successors, agents, partners, clients, service providers, and contractors from any and all claims, demands, and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Website.

Miscellaneous

Waiver. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of the Terms by the Forum must be made in writing and signed by an authorized representative of the Forum specifically referencing the Terms and the provision to be waived. Headings used in the Terms are for convenience only and are not to be relied upon or used to construe any provision of the Terms. All rights not expressly granted herein are hereby reserved. The Terms will inure to the benefit of, and are intended to be enforceable by, the Forum’s successors, assigns and licensees.

Entire Agreement. These Terms comprise the entire agreement between you and the Forum relating to your use of the Website, and supersede all prior agreements and negotiations, whether oral or written, to which you and the Forum may have been bound. There are no other agreements, understandings, promises or conditions, oral or written, express or implied, concerning the subject matter of these Terms, except as set forth in these Terms.

Neither course of conduct between the parties nor trade practice shall act to modify any provision of these Terms.

Changes to the Terms. We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in the Governing Law and Jurisdiction provision above will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Website. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

Changes to the Website. We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website, including information presented in our online Articles or related to past events, may be out of date at any given time, and we are under no obligation to update such material.

Severability. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Terms shall remain in full force and effect.

Information We Collect When you Visit the Website. All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Notice to California Users. Under California Civil Code Section 1789.3, users located in California are entitled to the following consumer rights notice: If a user has a question or complaint regarding the Services, please send an email to admin@theinnovatorsforum.org. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at +1.916.445.1254 or +1.800.952.5210.

Independent Contractors. Nothing in these Terms shall be deemed to create an agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship of any kind between us and any user or member of the Forum.

Assignment. We may assign our rights under these Terms without your approval and with or without notice to you.

Further Inquiries

You may direct questions about these Terms, or other issues, to us by emailing us at admin@theinnovatorsforum.org or by writing to us at:

P.O. Box 37628

Raleigh, NC 27627