Terms & Conditions
Industrial Exchange Terms & Conditions
Effective as of: 7/26/18
1. ACCEPTANCE OF TERMS
2. USE OF THE SERVICES; PROPRIETARY RIGHTS
IndEx grants you a non-exclusive, non-transferable, limited license to access and use the Web Site and the Services for the fees, if applicable, and under the terms set forth herein. The Services software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, database, proprietary information and all copyrightable or otherwise legally protectable elements of the Services, including, but not limited to, the selection, sequence and ‘look and feel’ and arrangement of items (the “Content”), displayed on the Web Site, may be used only for your personal and non-commercial use. Except as otherwise permitted under these Terms, you agree not to copy, reproduce, modify, create derivative works from, or store any Content, in whole or in part, from the Services or to display, perform, publish, distribute, transmit, broadcast or circulate any Content to anyone, or for any commercial purpose, without the express prior written consent of IndEx. The Content is the exclusive property of IndEx or its licensors, and is protected by copyright and other intellectual property laws. All trade names, trademarks, service marks and other product and service names and logos on the Web Site and within the Content are proprietary to their respective owners and are protected by applicable trademark and copyright laws. Any of the trademarks, service marks or logos (collectively, the “Marks”) displayed on the Web Site may be registered or unregistered marks of IndEx or others. Nothing contained on this Web Site should be construed as granting any license or right to use any of the Marks displayed on the Web Site without the express written permission of IndEx or a third party owner of such Marks. Any unauthorized uses of the Marks or any other Content are strictly prohibited. You shall honor all reasonable requests by IndEx to protect IndEx’s proprietary interests in the Web Site and the Content. You may not use the Web Site or any Content for any unlawful or unauthorized purpose.
4. DISCLAIMERS OF WARRANTIES
THE SERVICES, AND MATERIALS, PRODUCTS AND POSTINGS ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION, PROMISE OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SERVICES WILL BE AVAILABLE FOR USE, OR UNINTERRUPTED OR ERROR FREE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED OR THAT ANY ERRORS WILL BE CORRECTED. IN ADDITION, ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. THE FOREGOING WARRANTY IS IN LIEU OF ALL WARRANTIES, EXPRESS, OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES AS TO ACCURACY, COMPLETENESS, OR ADEQUACY OF INFORMATION. Without limiting the foregoing, IndEx is not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Services. As between you and IndEx, you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Services, including, without limitation, postings and materials associated with your use of the Services. Under no circumstances shall IndEx nor any of its subsidiaries, parent corporations and affiliates, and all of their respective officers, directors, owners, employees, agents, licensors, representatives, licensors and suppliers (collectively, the “IndEx Parties”), be liable for any loss or damage caused by your reliance on information obtained through the Services. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Services.
5. LIMITATION OF LIABILITY
IndEx shall not be liable for any damages incurred by you that arise as a result of reliance upon the Services. IN NO EVENT SHALL ANY INDEX PARTY BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY, UNDER ANY THEORY, INCLUDING NEGLIGENCE, FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, ACTUAL, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST INCOME, REVENUE OR PROFITS, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS, THAT RESULT FROM YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF SUCH INDEX PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE. BY USING THE SERVICES, YOU AGREE THAT THIS LIMITATION WILL APPLY TO ANY SERVICES, AND CONTENT THAT MAY BE AVAILABLE THROUGH SUCH SERVICES. IN THE EVENT THAT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR DAMAGES, YOU AGREE THAT IN NO EVENT SHALL THE TOTAL LIABILITY OF ANY INDEX PARTY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION OF ANY KIND EXCEED ONE HUNDRED DOLLARS ($100.00). IN NO EVENT WILL ANY INDEX PARTY BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE SERVICES, ANY CONTENT OR THE WEB SITE. Notwithstanding any claim that a sole or exclusive remedy which is provided in this agreement may or does fail of its essential purpose, you specifically acknowledge and agree that your sole and exclusive remedy for any loss or damage shall be to have IndEx, upon written notice from you to us, attempt to repair, correct or replace any deficient Service and, if repair, correction or replacement is not reasonably commercially practicable for IndEx, in its sole discretion, to refund any monies actually paid by you for the Service involved and to terminate and discontinue your use of the Services.
You hereby agree to indemnify, defend and hold the IndEx Parties harmless from and against any and all liability, losses, expenses, damages and costs (including attorneys’ fees), incurred by any IndEx Party in connection with any claim arising out of your use of the Services (including any Content or the Web Site), any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you, the content you submit, post, transmit or make available through the Services, your violation of these Terms, your connection to the Services, or your violation of the rights of any other person or entity. IndEx reserves the right to assume, at its sole expense, the exclusive defense and control of any claim, action or other matter for which you are required to indemnify us, and all negotiations for settlement or compromise thereof, and you agree to fully cooperate with IndEx in the defense of any such claim, action, settlement or compromise negotiations, as requested by IndEx.
7. LINKS TO OTHER WEB SITES
You may, through hypertext or other computer links, gain access to web sites operated by persons other than IndEx. Such hyperlinks are provided for your reference and convenience only, and are the exclusive responsibility of such web sites’ owners. You agree that IndEx is not responsible for the content or operation of such web sites, and that IndEx shall have no liability to you or any other person or entity for the use of third party web sites. Except as described below, a hyperlink from this Web Site to another web site does not imply or mean that IndEx endorses the content on that web site or the operator or operations of that site. You are solely responsible for determining the extent to which you may use any content at any other web sites to which you link from the IndEx Web Site.
8. CONFERENCE/EVENT POLICIES
Refund requests will be honored if received via email by April 5, 2019. All refunds will be subject to a 18% handling fee. Cancellations received after the deadline and ‘no shows’ will be subject to the full registration rate.
By attending our conferences or events you consent to IndEx and its agents making recordings of you by any means including, without limitation, electronic recording, film, videotape, audio tape and photography (the “Recordings”) without compensation of any kind to you. You agree that IndEx shall be the copyright owner of the Recordings.
9. ADDITIONAL LEGAL TERMS
These Terms constitute the entire agreement between you and IndEx and govern your use of the Web Site and the Services, superseding any prior agreements between you and IndEx. As noted above, you also may be subject to additional terms and conditions that may apply when you use or purchase certain other Services, affiliate services, third-party content or third-party software. These Terms cannot be changed or terminated orally. These Terms are personal to you, and you may not assign your rights or obligations to anyone. If any provision in these Terms is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. The formation, construction and interpretation of this agreement shall be controlled by the laws of the State of New York, giving no effect to choice of law provisions. The U.N. Convention of Contracts for the International Sale of Goods is expressly excluded from any interpretation of these Terms. Any dispute relating to this agreement shall be subject to the exclusive jurisdiction of the state and federal courts in the County of New York in the State of New York, U.S.A., and the parties agree to submit to the personal and exclusive jurisdiction of these courts.