1. ACCEPTANCE OF TERMS
Please read the following information carefully. Your use of any services provided by DeviceAlliance (“DeviceAlliance”) and DeviceAlliance’s website (collectively, “Service(s)”) constitute acceptance and understanding of this legal agreement between you and DeviceAlliance, as set forth in these Terms of Service (“TOS”) and our Privacy Policy. By accessing and using the Services, you are consenting to be bound by these TOS and to comply with all applicable laws and regulations. You may not use the Services if you do not accept the TOS and Privacy Policy. The materials contained in DeviceAlliance’s website are protected by applicable copyright and trademark law.
2. USE LICENSE
Permission is granted to temporarily download a single copy of the materials (information or software) on DeviceAlliance’s web site for personal, non-commercial transitory viewing only. This constitutes the grant of a license, but not a transfer of title. Under this license you may not:
a. modify or copy the materials;
b. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
c. attempt to decompile or reverse engineer any software contained on DeviceAlliance’s website;
d. remove any copyright or other proprietary notations from the materials; or
e. transfer the materials to another person or “mirror” the materials on any other server.
This license will automatically terminate if you violate any of these restrictions and may be terminated by DeviceAlliance at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
3. EVENTS & PHOTO WAIVER: DeviceAlliance and/or members or affiliates of DeviceAlliance may also take photographs of you during networking events. Your use of DeviceAlliance’s Services automatically constitutes your express written permission for DeviceAlliance, to take, use, and reproduce my name, likeness, identity, voice, photographic image, video-graphic image and oral or recorded statements in any publication of DeviceAlliance or its affiliates for purposes of use in, though not limited to, film broadcast, printed publications, webpages and electronic publications associated with DeviceAlliance. Your use of the Services further constitutes your understanding and agreement that your name and identity may be revealed in descriptive text or commentary in connection with any image(s) published through DeviceAlliance and its affiliates. You authorize the use of these images without compensation. All negatives, prints, digital reproductions shall be the property of DeviceAlliance.
4. DISCLAIMER AND LIABILITY LIMITATIONS THE MATERIALS ON DEVICEALLIANCE’S WEBSITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS.” DEVICEALLIANCE MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, DEVICEALLIANCE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON DEVICEALLIANCE’S WEBSITE OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITES LINKED TO THIS SITE.
IN NO EVENT SHALL DEVICEALLIANCE OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFIT, OR DUE TO BUSINESS INTERRUPTION) ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIALS ON DEVICEALLIANCE’S WEBSITE, EVEN IF DEVICEALLIANCE OR A DEVICEALLIANCE AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THESE LIMITATIONS MAY NOT APPLY TO YOU.
In consideration of being permitted to participate in any EVENTS OR USE THE SERVICES PROVIDED BY DEVICEALLIANCE, YOU release, waive, discharge, and covenant not to sue DEVICEALLIANCE, ITS respective officers, board members, employees, agents, assigns, and successors in interest, from liability from any and all claims including the negligence of DEVICEALLIANCE, its officers, employees and agents, resulting in personal injury, accidents or illnesses (including death), and property loss arising from, but not limited to, participation in The Activity.
THE MATERIALS APPEARING ON DEVICEALLIANCE’S WEBSITE COULD INCLUDE TECHNICAL, TYPOGRAPHICAL, OR PHOTOGRAPHIC ERRORS. DEVICEALLIANCE DOES NOT WARRANT THAT ANY OF THE MATERIALS ON ITS WEB SITE ARE ACCURATE, COMPLETE, OR CURRENT. DEVICEALLIANCE MAY MAKE CHANGES TO THE MATERIALS CONTAINED ON ITS WEB SITE AT ANY TIME WITHOUT NOTICE. DEVICEALLIANCE DOES NOT, HOWEVER, MAKE ANY COMMITMENT TO UPDATE THE MATERIALS. IN NO EVENT SHALL DAMAGES TO YOU EXCEED $500 FOR ANY CAUSE OF ACTION WHETHER ARISING FROM CONTRACT, TORT, OR ANY OTHER CAUSE OF ACTION.
5. MODIFICATIONS
DeviceAlliance reserves all rights to modify or discontinue, temporarily or permanently, DeviceAlliance’s Services (or any part thereof) with or without notice, at any and all times. You acknowledge and agree that modifications may result in a delayed access to DeviceAlliance’s features or Services, and DeviceAlliance shall not be liable to you or to any third party for any modification, suspension, or discontinuance of DeviceAlliance’s Services.
Unless explicitly stated otherwise, each addition to DeviceAlliance’s website that changes the current Service shall be subject to the TOS. By using DeviceAlliance’s website and Services, you are agreeing to be bound by the then current version of these TOS. You may stop using DeviceAlliance’s Services at any time, without prior notice to DeviceAlliance, unless you require a closure of your account.
6. HYPERLINKS WITHIN DEVICEALLIANCE’S WEBSITE
DeviceAlliance’s Service provides, and third parties may provide, links to other sites and resources on the Internet. DeviceAlliance has no control over such sites and resources, and you acknowledge and agree that DeviceAlliance is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that DeviceAlliance shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such hyperlinked site or resource.
7. GOVERNING LAW
Any claim relating to the Services shall be governed by the laws of the State of California without regard to its conflict of law provisions. Any dispute between You and DeviceAlliance shall be resolved in Irvine, California via binding arbitration. Rules for arbitration shall follow AAA rules, but any mutually agreeable arbitrator shall be used, each party to bear their own attorney fees and costs.
8. ENTIRE AGREEMENT
The TOS constitute the entire agreement between you and DeviceAlliance and govern your use of DeviceAlliance’s website and Services, superseding any prior agreements between you and DeviceAlliance on this subject. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software.
9. WAIVER
The failure of DeviceAlliance to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
10. SEVERABILITY CLAUSE
If any portion of these TOS is found to be unenforceable, the remaining portion will remain in full force and effect.
11. AMENDMENTS
DeviceAlliance reserves the right to modify, supplement or replace the terms of this agreement, effective upon posting at devicealliance.com or notifying you otherwise. If you do not want to agree to changes to this agreement, you can terminate
this agreement at any time per the Termination Section of this TOS.
12. ASSIGNMENTS
You are prohibited from assigning or delegating any rights or obligations under this TOS. Any purported assignment and delegation
shall be ineffective. DeviceAlliance may freely assign or delegate all rights and obligations under the TOS, fully or partially without notice to you. DeviceAlliance may also substitute, by way of unilateral novation, effective upon notice to you, DeviceAlliance for any third party that assumes our rights and obligations under this TOS.
13.PRIVACY POLICY
We believe your privacy is important. DeviceAlliance’s Privacy Policy serves to communicate DeviceAlliance’s policies and practices
relating to the collection, use, and disclosure of information on or through the DeviceAlliance’s website and Services. This Privacy Policy is incorporated into and is subject to the DeviceAlliance’s Terms of Service. Your use of the DeviceAlliance’s website and any personal information you provide through use of the Services are subject at all times to this Privacy Policy and the TOS.
a. We will collect, use, and retain all personal information that you submit to us through the use of our Services by lawful and fair means solely with the objective of fulfilling those purposes specified by DeviceAlliance’s website and for other compatible purposes, unless we obtain the express consent of the individual concerned or as required by law.
b. In consideration of your attendance at any of DeviceAlliance’s events or use of any of the Services, we will collect, use, retain, and distribute your name, likeness, identity, voice, photographic image, video-graphic image and oral or recorded statements in any publication of DeviceAlliance or its affiliates for purposes of use in, though not limited to, film broadcast, printed publications, webpages and electronic
publications associated with DeviceAlliance, and you will not be compensated for any such use or distribution.
c. All negatives, prints, digital reproductions shall remain the property of DeviceAlliance.
d. Information you supply to download or interact with content made available by advertisers and sponsors will be made available to those advertisers and sponsors as well as DeviceAlliance.
e. Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
f. We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
g. We will make readily available to user of the Services any information about our policies and practices relating to the management of personal information.
We are committed to conducting our business in accordance with these principles to ensure the confidentiality of personal information is protected and maintained.
LAST MODIFIED: JANUARY 11, 2017