Terms of Service
Welcome to ITSMA (“Service”), the Information Technology Services Marketing Association (“ITSMA”). Your use of the Service will be subject to the terms of this Terms of Service Agreement (TOS). The TOS may change from time to time. Use of service after a change will subject you to the new terms. IF YOU DO NOT AGREE TO THESE TERMS DO NOT USE THE SERVICE AS VIOLATION OF THE TERMS CAN LEAD TO LEGAL LIABILITY.
Participation and Conduct
During the term of this Agreement, ITSMA grants to you a terminable at will non-exclusive license to use and display the Service, and to download materials available through the Service, all solely for your personal, non-commercial use. You may not transfer, assign, sub-license, lend, or re-sell the rights granted under this license. No deep linking directly to articles is permitted if you sell ads on your site or you charge a subscription fee to use or access your site. Any use in violation of these limits shall constitute a violation of the terms of this license. Absolutely no framing or inlining of our site is permitted.
You may participate in any forums or messaging threads offered through the Service, but you agree not to post any material the content of which (i) is defamatory, libelous, obscene, indecent, abusive, threatening to others, or in violation of any law; or (ii) infringes the copyright, trademark right, or other intellectual property right of any third party. You will be solely responsible for all content that you post on the Service.
You agree to indemnify ITSMA and its officers and employees from and against all liabilities, judgments, damages, and costs (including attorney’s fees) incurred by any of them which arise out of or are related to the content that you post. Forums and messaging are intended only for the personal use of subscribers, and may not be used for commercial purposes or for organized political activity.
ITSMA reserves the right to monitor content posted on the Service, and to modify or remove any messages or postings that it deems, in its sole discretion, to be abusive, defamatory, in violation of the copyright, trademark right, or other intellectual property right of any third party, or otherwise inappropriate for the Service. ITSMA also reserves the right to edit or modify any submissions in response to requests for feedback, Ask ITSMA, or other commentary. Notwithstanding the foregoing, ITSMA is not obligated to take any such actions, and will not be responsible or liable for content posted by any subscriber in any forum, message board, or other area within the Service.
Copyright and Trademarks
The Service is the personal property of ITSMA. ITSMA retains the right to bar any individual or entity from the Service. Accessing the Service after being barred shall constitute an act of trespass. The Service and all materials published therein, including but not limited to articles, graphical images, interactive applications, audio clips, and video clips (collectively, the “Content”), are protected by copyright and are owned by ITSMA or its licensors. You may not modify the Content or re-publish, re-transmit, or otherwise distribute directly or via links any Content to any third person except for your personal, non-commercial use, as permitted by the license granted above. It is understood that some of the content appearing on the site is news and as such releases are not obtained from individuals or entities for the use of the name, likeness, or trademarks. It is your sole obligation to a) determine if your uses require releases or permission, and b) to obtain the necessary releases.
ITSMA and its respective logos are trademarks of The Munn Group. All other trademarks on the Service are the property of their respective holders.
Exclusions of Warranty and Liability
THE SERVICE AND ANY EXECUTABLE PROGRAMS AND OTHER MATERIALS PROVIDED THROUGH THE SERVICE ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE HEREBY EXCLUDED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ITSMA DOES NOT WARRANT THAT THE SERVICE OR ANY MATERIALS OBTAINED THROUGH THE SERVICE ARE VIRUS-FREE. IF YOU DOWNLOAD EXECUTABLE PROGRAMS FROM THE SERVICE, THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF SUCH PROGRAMS IS ASSUMED BY YOU. ITSMA IS NOT RESPONSIBLE FOR THE ACCURACY OF OR ERRORS OR OMISSIONS IN ANY SUCH PROGRAMS, AND ITSMA DOES NOT WARRANT THAT THE OPERATION OF ANY SUCH PROGRAMS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN ANY SUCH PROGRAMS WILL BE CORRECTED. ITSMA DOES NOT WARRANT THAT THE CONTENT OF ITS STORIES WILL BE ERROR FREE.
ITSMA WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOST PROFITS OR REVENUE; LOSS OF USE OF OR RELIANCE ON THE SERVICE, INFORMATION PROVIDED OR OF ANY EXECUTABLE PROGRAMS; LOSS OF USE OF DATA OR EQUIPMENT; OR OTHER SIMILAR DAMAGES) ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR ANY EXECUTABLE PROGRAM OBTAINED THROUGH THE SERVICE, EVEN IF ITSMA HAS BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES. IN NO EVENT SHALL ITSMA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) RELATING TO THE SERVICE EXCEED $100.
SOME STATES DO NOT ALLOW EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Any failure by ITSMA to enforce any provision of this Agreement shall not be construed as a continuing waiver of any rights under such provision. In the event that any portion of this Agreement is held unenforceable, the remaining provisions of the Agreement shall remain in full force and effect.
In the event you breach the terms of this license, or if, any claims are made against ITSMA (its employees, officers, directors, and agents resulting from your actions) you shall be liable to ITSMA for all losses, damages, costs, judgments, expenses (including reasonable attorney fees) which it incurs.
This Agreement shall be governed by and construed in accordance with the laws of the State of Massachusetts (US), as applied to contracts entered into and performed within Massachusetts. You agree to grant jurisdiction over yourself to the courts of Massachusetts and designate it as the forum for resolution of all disputes arising under this Agreement.
The provisions regarding Disclaimer of Warranty, Limitation of Liability, and Indemnification are for the benefit of ITSMA, and its licensors, employees, and agents. Each shall have the right to assert and enforce those provisions against you.
This Agreement states the entire agreement between the parties with respect to the Service, and all prior or contemporaneous agreements are merged herein and superseded hereby.
User Agreement Effective Date: April 30, 2018
Contact Information North America:
ITSMA, 91 Hartwell Avenue, Lexington, MA 02421
Phone: +1-781-862-8500 | Fax: +1-781-674-1366 | Email: email@example.com
Contact Information Europe:
ITSMA Europe, One Alfred Place, London WC1E 7EB, United Kingdom
Phone: +44 (0)7775 765722 | Email: firstname.lastname@example.org