Terms of Use

Acceptance of Terms

The IAMCP Index website available at iamcpindex.com, is owned and operated by the IAMCP and can only be accessed and used by you under the Terms of Use described below.

Please read these terms of use carefully. By accessing, downloading, or using any of the services on this site, you agree to become bound by these terms and conditions. If you do not agree to all the terms and conditions, then you may not access and use the sites and services.

Use of the Site

The IAMCP Index is a user-based community of Microsoft technology solutions and providers. Membership gives access to member listings who are solution consultants, distributors, service providers, procurement specialists and staffing solutions. Authorized users are granted a non-exclusive, nontransferable, license to access and use the Sites and Services for your personal use. You agree to not access, reproduce, duplicate, copy, sell, resell, modify, distribute, transmit, or otherwise exploit the Sites or Services or any of their content for any purpose except for your personal use and as described in these Terms of Use, without the express written consent of the IAMCP.

User Conduct

As a condition of your access and use of the IAMCP Index and your submission or access to any ratings, reviews, communications, information, data, text, photographs, audio clips, audiovisual works, or other materials on the website (collectively, the “Material”), you agree not to use the IAMCP Index for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by the IAMCP. By way of example, and not as a limitation, you agree not to:

 

  1. violate these Terms of Use, other applicable agreement with the IAMCP, and any applicable local, state, national or international law, and any rules and regulations having the force of law;
  2. use the IAMCP Index in any manner that violates any relevant law or that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any website content that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
  3. use the IAMCP Index or its content for any purposes not authorized by these Terms of Use, including the submission or transmission of any content that contains advertisements, promotional materials, junk mail, or any other form of solicitation;
  4. reproduce, duplicate, copy, modify, sell, resell or exploit any content for any commercial, educational, or any other non-personal purpose or for any purpose unrelated to your personal purchasing decisions, without the express written consent of the IAMCP, which consent may be withheld in our sole discretion;
  5. post irrelevant content, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of the IAMCP Index or any activities conducted on the website;
  6. harass, threaten, intimidate, impersonate, or attempt to impersonate, any other person, falsify your contact or other information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with the IAMCP, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating;
  7. knowingly provide or submit false or misleading information;
  8. take any action that would undermine the review and rating process under the IAMCP Index;
  9. attempt to gain unauthorized access to the website, other user accounts, or other computer systems or networks connected to the IAMCP Index website;
  10. use the IAMCP Index website in any way that could interfere with the rights of the IAMCP or the rights of other users of the IAMCP Index;
  11. attempt to gain unauthorized access to any portion or feature of the IAMCP Index website, or any other systems or networks connected to the Web Sites or to any server used by IAMCP by hacking, password ‘mining’ or any other illegitimate or unauthorized means, including attempting to obtain password, account, or any other personal or private information from any other IAMCP Index user;
  12. transmit or submit any transmission or other materials that are encrypted or that contains viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that is likely or intended to damage, interfere with, disrupt, impair, disable or otherwise overburden the IAMCP Index website;
  13. access, download, monitor, or copy any information contained on the IAMCP Index through artificial means; including but not limited to use any ‘deep-link’, ‘scraper’, ‘robot’, ‘spider’ or other automatic device, program, algorithm or methodology, or any similar or equivalent automatic or manual process, or in any way reproduce or circumvent the navigational structure or presentation of the website or any content, to obtain or attempt to obtain any content, materials, documents or information through any means not purposely made available through the IAMCP Index website; or
  14. probe, scan or test the vulnerability of the IAMCP Index website or any network connected to it, nor breach the security or authentication measures on or of the IAMCP website or any network connected to it. You may not reverse look-up, trace or seek to trace any information on any other user of the IAMCP Index to its source, or exploit the website or any service or information made available or offered by or through it, in any way where the purpose is to reveal any information, including but not limited to personal identification or information other than your own information, except as expressly authorized by the IAMCP and provided for by the IAMCP Index website.

The IAMCP Index Services Offered

When using, accessing, or purchasing particular services or features of the website, you shall be subject to any guidelines or rules applicable to such services or features that may be posted from time to time. All such agreements, guidelines, or rules are hereby incorporated by reference into the Terms of Use.

Registration Information

You will be required to create an account to use or access certain parts of the website. You are required to provide login information such as a username and password to access and utilize your account. As a condition of your use of the IAMCP Index website, you agree to (a) provide true, accurate, current and complete information as prompted by the registration form, when registering for or using the website and (b) update and maintain the truthfulness, accuracy, and completeness of such information. You are responsible for maintaining the confidentiality of any password or other account information not generally available to others and are fully responsible for all activities that occur under your username and password.

Submitting Content

As a condition of submitting any content or other materials to the IAMCP website, you agree that:

  1. the free category permitted allows for one listing only for IAMCP Paid Members, including for companies with multiple offices or different practice areas;
  2. you grant to IAMCP a royalty-free perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, incorporate such content into other works;
  3. you grant to IAMCP all rights necessary to publish or refrain from publishing your name and address in connection with your content; sublicense through multiple tiers the content, and acknowledge that this license cannot be terminated by you once your content is submitted to the Sites and Services;
  4. you grant to IAMCP all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction, distribution, or exploitation of your content by any other party;
  5. you represent that you own or have secured all legal rights necessary for the content submitted by you to be used by you, the IAMCP, and others as described and otherwise contemplated in these Terms of Use;
  6. you represent and warrant that each person identified, depicted, or shown in your content, if any, has provided consent to the use of the content consistent with these Terms of Use;
  7. you are solely responsible for your reviews and ratings;
  8. The IAMCP may, in its sole discretion, choose to remove or not to remove reviews and ratings once published;
  9. you will not submit any reviews that may be considered by the IAMCP Index to be infringing, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, or otherwise violates any relevant law or right of any other party, or racially, ethnically or otherwise objectionable;
  10. all of your reviews and ratings will either be based upon your actual first-hand experiences with the service providers you are reviewing;
  11. all of your reviews and ratings of the service providers that you are rating will be accurate, honest, truthful, and complete in all respects;
  12. you do not work for, own any interest in or serve on the board of directors of, any of the service providers for which you submit reviews and ratings;
  13. you have not received any form of compensation to post reviews and ratings;
  14. you will submit thorough and thoughtful reviews of the service providers you review
  15. you will not submit reviews that comment on other users or the reviews of other users;
  16. you will not submit reviews with hyperlinks; or
  17. the reviews and ratings that you provide do not reflect the views of the IAMCP, its officers, managers, owners, employees, agents, designees or other users.

Publication and Distribution of Content

The IAMCP Index does not guarantee the accuracy, integrity, quality or appropriateness of any content transmitted to or through the website. You acknowledge that the IAMCP simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of content and for the publication and distribution of any content posted by Service providers in response to the content. You understand that all content and service provider content posted on, transmitted through or linked through the service, are the sole responsibility of the person from whom such content originated. You understand that the IAMCP does not control and is not responsible for the content or service provider content made available through the service, and that by using the service, you may be exposed to content that is inaccurate, misleading, or offensive. You agree that you must evaluate and make Your own judgment, and bear all risks associated with, the use of any content.

You further acknowledge that the IAMCP has no obligation to screen, preview, monitor or approve any content or service provider content, or content posted or submitted by any other IAMCP member or any service provider. However, the IAMCP reserves the right to review and delete any content that, in its sole judgment, violates the terms and conditions of this Agreement. By using the service, you agree that it is solely YOUR RESPONSIBILITY to evaluate your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any content that you submit, receive, access, transmit or otherwise convey through the service. Under no circumstances will IAMCP be liable in any way for any content, including, but not limited to, any content or service provider content that contains any errors, omissions, defamatory statements, or confidential or private information or for any loss or damage of any kind incurred as a result of the use of any content submitted, accessed, transmitted or otherwise conveyed via the website. You waive the right to bring or assert any claim against the IAMCP relating to content or service provider content and release the IAMCP from any and all liability for or relating to any content.

You may, however, report content that you believe violates these Terms of Use or is otherwise unlawful by sending an email to us.sponsorship@iamcp.org (for copyright complaints, please see below). Please note that you may be liable for damages (including costs and attorneys’ fees) for unlawful misrepresentations. If you are uncertain whether an activity is unlawful, we recommend seeking advice of an attorney.

You agree that the IAMCP may establish general practices, policies and limits, which may or may not be published, concerning the use of the website and its services, including without limitation, the time that reviews and ratings will be retained, the maximum number of reviews and ratings that may be sent from an account, the length of reviews and ratings sent, and the maximum number of times and the maximum duration for which you may access the Sites and Services in a given period of time. You agree that the IAMCP has no responsibility or liability for the deletion or failure to store any content or other materials maintained or transmitted by or through the website. You agree that the IAMCP has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Service Providers

The IAMCP does not endorse and is not responsible or liable for any content, data, advertising, products, goods or services available or unavailable from, or through, any third party or service provider. You agree that should you use or rely on such content, data, advertisement, products, goods or services, available or unavailable from, or through any third party or service provider, the IAMCP is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions of any service provider, and any other terms, conditions, representations or warranties associated with such dealings, are between you and such service provider exclusively and do not involve the IAMCP. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging service providers.

Third parties and service providers may link or otherwise direct Internet users to our website for the purpose of utilizing one or more of the services we provide on behalf of others. Additionally, we may provide links or otherwise direct you to third party or service provider websites. The IAMCP does not control or operate any such third party or service provider websites. Any information you provide to these third party or service provider websites while on these third party or service provider websites is subject to the respective policies of those third parties or service providers, and not IAMCP’s policies. It is your responsibility to review such third party or service provider policies, including any relevant privacy policies. You agree that the IAMCP will not be responsible or liable for, and does not endorse any content, advertising, goods or services provided on or through these outside websites or for your use or inability to use such websites. The IAMCP does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give to any third party or service provider sites. You use these third party or service provider websites at your own risk.

You agree that the IAMCP is not responsible for the accessibility or unavailability of any service provider or for your interactions and dealings with them, waive the right to bring or assert any claim against the IAMCP relating to any interactions or dealings with any service provider, and release the IAMCP from any and all liability for or relating to any interactions or dealings with service providers.

Without limiting the foregoing, your correspondence or business dealings with, consumption of products or services of, or participation in promotions of, third parties or service providers found on or through the use of the IAMCP Index website, including payment for and delivery or fulfillment of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You agree that the IAMCP shall not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties or service providers on the IAMCP Index website.

Termination of Access

The IAMCP Index may terminate your privilege to use or access the website immediately and without notice for any reason whatsoever. Upon such termination, you must immediately cease accessing or using the website and agree not access or make use of, or attempt to use, the website. Furthermore, you acknowledge that the IAMCP reserves the right to take action -- technical, legal or otherwise -- to block, nullify or deny your ability to access the website. You understand that the IAMCP may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to IAMCP.

All provisions of these Terms of Use which by their nature should survive termination shall survive the termination of your access to the Sites and Services, including, without limitation, the provision regarding ownership, warranty disclaimers, indemnity, and limitations of liability.

TRADEMARKS AND COPYRIGHTS

You should assume all content and material made available on the IAMCP Index website is protect by copyright law. Aside from user-submitted content, all other materials and other information on the website, including, but not limited to, all text, graphics, logos, icons, images, audio and video clips, downloads, data compilations and software are the exclusive property of IAMCP and/or its licensors and are protected by all United States and international copyright laws.

Notices

You agree that IAMCP may communicate any notices to you under these Terms of Use, through electronic mail, regular mail or posting the notices on the Site. All notices to IAMCP will be provided by either sending: (i) an email to us.sponsorship@iamcp.org, or (ii) a letter, first class certified mail, to IAMCP, 909 Lake Carolyn Pkwy, Suite 320, Irving, TX 75039. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.

Warranties and Disclaimers

You acknowledge that the IAMCP has no control over, and no duty to take any action regarding: which users gain access to or use the IAMCP Index website; what effects the content on or in connection with the website may have on you; how you may interpret or use the content on or in connection with the website; or what actions you may take as a result of having been exposed to the content on or in connection with the website. You release the IAMCP from all liability for you having acquired or not acquired content or information through the IAMCP Index website. The website may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. The IAMCP makes no representations concerning any content contained in or accessed through the website, and IAMCP will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the website. The IAMCP makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein.

YOU ACCESS AND USE THE SITES AND SERVICES AT YOUR OWN RISK. THE SITES AND SERVICES ARE PROVIDED ON AN ‘AS IS, AS AVAILABLE’ BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER THE IAMCP NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON OR IN CONNECTION WITH THE SITES AND SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF THE IAMCP, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO, OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. WE ARE NOT LIABLE FOR CRIMINAL, TORTUOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THE SITES AND SERVICES. IN NO EVENT WILL THE IAMCP OR ANY OF ITS DIRECTORS, OFFICERS, AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD-PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTUOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL THE IAMCP OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITES AND SERVICES.

ANY MATERIAL ACCESSED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE IAMCP OR THROUGH OR FROM THE SITES AND/OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, THE IAMCP DOES NOT REPRESENT OR WARRANT THAT (I) THE SITES AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SITES AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES AND/OR SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE IAMCP LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

THE IAMCP SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND THE IAMCP HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

The IAMCP has no control over and no duty to take any action regarding: other users’ behavior; what effects the website content may have on you; how you may interpret or use the content; or what actions you may take as a result of having been exposed to the content. You release the IAMCP from all liability for you having acquired or not acquired through the Sites and Services. The IAMCP makes no representations concerning any content, including the accuracy thereof, contained in or accessed through the Sites and Services, and the IAMCP will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites and Services.

The Sites and Services may display links to other Internet sites or resources. Because the IAMCP has no control over such sites and resources, you acknowledge and agree that the IAMCP 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 the IAMCP 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 site or resource.

Indemnity

You agree to indemnify, defend and hold harmless the IAMCP, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of these Terms of Use by you; (b) the inaccurate or untruthful content or other information provided by you to the IAMCP Index or that you submit, transmit or otherwise make available through the service; or (c) any intentional or willful violation of any rights of another or harm you may have caused to another. The IAMCP will have sole control of the defense of any such damage or claim.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE IAMCP WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF THE IAMCP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICE; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICE; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICE; (E) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY THROUGH THE SERVICE; (F) ANY OTHER MATTER RELATING TO THE SERVICE; (G) ANY BREACH OF THIS AGREEMENT BY THE IAMCP OR THE FAILURE OF THE IAMCP TO PROVIDE THE SERVICE UNDER THIS AGREEMENT OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY SERVICE PROVIDERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.

ENTIRE AGREEMENT

These Terms of Use and other agreements, rules, and policies incorporated by reference to these Terms including, without limitation, the Privacy Policy, constitutes the entire agreement between you and the IAMCP. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and the IAMCP regarding the subject matter contained in these Terms of Use. Additional terms and conditions may exist between you and third parties, including but not limited to, service providers and others. You represent and warrant that those third-party agreements do not interfere with your obligations and duties to the IAMCP under these Terms of Use.

Need Governing Law (state specific)

Contacting Us

If you have any comments or questions regarding these Terms or wish to report any violation of these Terms of Service, please contact us at us.sponsorship@iamcp.org. We will address any issue to the best of our abilities.

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