NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the Parties agree as follows:
Rights and Obligations.
Programming Fees. With limited exceptions (e.g. a Site visitor), you will, in most instances, be required to pay a fee to TAB Ventures (“Programming Fees”) which are determined in accordance with our current fee schedule. Programming Fees are non-refundable.
Standards of Conduct. You agree that you shall be subject to the following code of conduct (“Code of Conduct”), and a violation of any portion of the Code of Conduct may, in the sole discretion of TAB Ventures, result in revocation of your access to any programming or other services provided by TAB Ventures. More specifically, In connection with our Code of Conduct, you agree:
to cooperate with and respect the opinions of fellow TAB Ventures members.
to represent the organization in a positive and supportive manner at all times and in all places.
to show respect and courteous conduct in TAB Ventures meetings.
to refrain from intruding on administrative issues that are the responsibility of management.
to not market any products, services, classes, training, coaching or mentoring to other members or guests of TAB Ventures without TAB Ventures’ prior written approval.
and understand that TAB Ventures strives to maintain a network of member that is free from illegal discrimination and harassment. While all forms of harassment are prohibited, it is the organization’s policy to emphasize that sexual harassment is specifically prohibited. The membership of any member who engages in discriminatory or harassing conduct towards another member or sponsor shall be terminated immediately.
and acknowledge that you shall have access to the email addresses and contact information of other TAB Ventures members (“Contact Information”) and shall not utilize the Contact Information in any way to harass other members of TAB Ventures.
User Submissions. You are solely responsible for the content of your User Submissions. You agree you will not:
are unlawful, obscene, hateful, defamatory, libelous, threatening, fraudulent, abusive, pornographic, sexually explicit, harassing or racially, ethnically or otherwise offensive;
encourage conduct that would be considered a criminal offense, or do or could give rise to civil liability or violate any law, rule or regulation, or are otherwise objectionable;
are intended to victimize, harass, degrade or intimidate an individual or group of individuals on the basis of age, disability, ethnicity, gender, race, religion or sexual orientation;
comprise non-public or insider information about companies, or are otherwise confidential or private;
contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant to TAB Ventures all of the license rights granted herein;
comprise an advertisement, solicitation, pyramid scheme, firm offer to invest or other unsolicited commercial communication (except as otherwise expressly permitted by TAB Ventures in writing); or
include recommendations to buy or refrain from buying a particular security or which otherwise have the purpose of affecting the price or value of any security;
Disguise or attempt to disguise the true origin of any User Submissions;
Impersonate any person or entity (including, without limitation, TAB Ventures staff or other members of the TAB Ventures community) or misrepresent any affiliation with any person or entity;
Knowingly post or transmit any User Submissions that contain software viruses, files, code or other harmful components designed to interrupt, destroy or limit the functionality of the Sites, the Content or any TAB Ventures computer software, systems or equipment;
Collect or store other users’ personal data;
Restrict or inhibit any other user from using the Sites, Site Services, Content or Online Communities;
Upload, post, email, or otherwise transmit any material that infringes any patent, trademark, trade secret, copyright or other intellectual property right, privacy right, or publicity right of any person or entity;
Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” chain letters, or any other potentially objectionable form of unsolicited communication, including without limitation, via initiation or perpetuation of “SPAM,” or to newsgroups, bulletin boards, or users that have requested that messages not be sent to them;
Upload, post, email, or otherwise transmit any material that you do not intend to disclose to all recipients of your transmission, including users who have access to the areas of the Sites in which your User Submission is posted;
Use the Sites for any purpose or in any manner that violates any local, state, or federal law or regulation, or any applicable laws or regulations of any foreign government; or
Upload, post, email or otherwise transmit without authorization any material that would reasonably be considered to contain confidential or private information concerning any third party person or entity, including without limitation, personal (i.e., non-business) phone number(s) or addresses, account numbers, social security numbers, passwords or other similar information.
TAB Ventures neither endorses nor is responsible for any User Submissions, or for any opinion, advice, recommendation, information or other utterance made or displayed therein or otherwise posted on the Sites or Online Communities by third parties, whether such third parties are visitors to the Sites, members of the TAB Ventures community or others. TAB Ventures expressly disclaims any and all liability in connection with any User Submissions. The opinions expressed in any User Submission reflect solely the opinions of the user submitting such User Submission and do not reflect the opinions or views of TAB Ventures. You should not rely on User Submissions in making (or refraining from making) any specific investment, business or other decisions.
Publicity Release. You agree that TAB Ventures, its officers, directors, employees, agent and representatives acting on their behalf have the absolute right and permission to publish and use, at any time in the future, your likeness and/or name in any photograph, image, video, motion picture, performance or sound recording taken by TAB Ventures at TAB Ventures meetings or events in which you may be included in whole or part (“Images”) (with or without your name) for any purpose related to TAB Ventures’ business affairs, including but not limited to advertising, publicizing or marketing its products and/or services and programs without compensation to you. You understand that any Images are the sole property of TAB Ventures.
NO WARRANTIES. TAB VENTURES AND YOU EACH ACKNOWLEDGE THAT, TAB VENTURES MAKES NO WARRANTY, EXPRESS OR IMPLIED, RELATING TO THE CONTENT, THE SITES, THE SITE SERVICES, THE SOFTWARE OR ANY PRODUCTS AVAILABLE THROUGH THE SITES, WHICH ARE PROVIDED “AS IS” AND “AS AVAILABLE.” YOUR USE OF THE SITE IS AT YOUR OWN RISK, AND YOU, AND NOT TAB VENTURES, ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SITE OR ANY CONTENT. TAB VENTURES EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, OR NON-INFRINGEMENT. TAB VENTURES DOES NOT GUARANTEE THE ACCURACY, RELIABILITY OR TIMELINESS OF THE CONTENT OR SITE SERVICES, THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR RELATED SYSTEMS ARE FREE FROM VIRUSES OR OTHER CONTAMINATING OR DESTRUCTIVE PROPERTIES. TAB VENTURES MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT. NO VERBAL OR WRITTEN REPRESENTATIONS, INFORMATION OR ADVICE GIVEN BY TAB VENTURES OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE OR EXPAND ANY WARRANTY. TAB VENTURES DOES NOT RENDER LEGAL, TAX, ECONOMIC OR INVESTMENT ADVICE AND YOU AGRES THAT YOU WILL NOT RELY ON ANY INFORMATION PROVIDED BY TAB VENTURES AND WILL CONSULT WITH YOUR OWN PROFESSIONAL ADVISERS AS TO RISKS AND LEGAL, TAX, ECONOMIC OR INVESTMENT IMPLICATION IN MATTERS CONCERNING REAL ESTATE AND OTHER INVESTMENTS.
Assumption of Risk. In addition, you agree that the successful implementation of any program discussed or presented at TAB Ventures meetings or events is not evidence of the likelihood of successful implementation of the same or a similar plan by any other person or entity. Anyone who attempts to implement the programs, strategies or plans presented by TAB Ventures, including but not limited to you, and TAB Ventures’ other members, vendors, guests or speakers shall assume all risks associated with such activities. TAB Ventures members and guests are encouraged to do their own research and due diligence regarding ideas and concepts obtained at TAB Ventures meetings or events or through any email or online discussion board activity. TAB Ventures recommends consultation with appropriate professional advisers prior to the implementation of any ideas or concepts obtained at its meetings.
Limitation of Liability & Disclaimer of Liability. YOU ACKNOWLEDGE THAT THERE ARE SECURITY, PRIVACY AND CONFIDENTIALITY RISKS INHERENT IN ONLINE COMMUNICATIONS AND ASSOCIATED TECHNOLOGY. YOU AGREE THAT TAB VENTURES WILL NOT BE RESPONSIBLE OR LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (a) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (b) DATA NONDELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (c) LOSS OR DAMAGES OF ANY KIND INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-SITE LINKS ON THE SITE; (d) COMPUTER VIRUSES, SYSTEM FAILURE OR MALFUNCTION THAT MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD-PARTY WEBSITE; (e) DECISIONS MADE OR ACTIONS TAKEN BY THE USER OR A THIRD PARTY IN RELIANCE ON THE SITE OR CONTENT; OR (f) EVENTS BEYOND OUR REASONABLE CONTROL.
YOU AGREE THAT IF YOU SUFFER ANY INJURY ARISING OUT OF ANY USER SUBMISSION, YOU WILL SEEK RELIEF DIRECTLY FROM THE INJURING USER AND THAT TAB VENTURES’ RESPONSIBILITY SHALL BE LIMITED TO REMOVING THE INJURIOUS POSTING OR PORTION THEREOF FROM THE SITE(S) UPON NOTICE FROM THE INJURED PARTY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL TAB VENTURES, ITS AFFILIATES, LICENSEES, REPRESENTATIVES OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR OTHER PECUNIARY LOSS) ARISING DIRECTLY OR INDIRECTLY FROM THE USE OF (OR FAILURE TO USE) OR RELIANCE ON THE SITE OR SITE SERVICES, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF TAB VENTURES HAS BEEN ADVISED OF THE POSSIBILITY THAT SUCH DAMAGES MAY ARISE. THE LIMITATION OF LIABILITY SET FORTH ABOVE IS AN ESSENTIAL ELEMENT OF THE AGREEMENT BETWEEN TAB VENTURES AND YOU. NEITHER THE SITES NOR THE CONTENT WOULD BE PROVIDED ABSENT SUCH LIMITATIONS.
Termination. You may terminate its membership of your own accord, or be removed at any time by TAB Ventures in its sole discretion..
Force Majeure. TAB Ventures, its affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of the Content or Site Services resulting directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, fire, flood or other natural disasters, strikes or other labor problems, wars, civil unrest, acts of terrorism or governmental restrictions.
Advertising, Third Party Content and other Web sites. Parts of the Site may contain third party content or have links to other websites which may or may not be operated by TAB Ventures. TAB Ventures has not reviewed all of the web sites that are linked to the Sites, and TAB Ventures has no control over such sites. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Sites, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that TAB Ventures shall not be responsible or liable 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 advertisers on the Sites. Content providers are responsible for ensuring that material submitted for inclusion on the Sites complies with international and national law. TAB Ventures is not responsible for any third party content. The Sites may contain links to other Web sites. TAB Ventures is not responsible for the availability of these Web sites or their contents.
Non-Waiver. No delay or omission on the part of either party in requiring performance by the other party of its obligations will operate as a waiver of any right.
Notices. Notices to TAB Ventures must be given in writing and sent to TAB Ventures at the following address: TAB Ventures, LLC, 3200 Glen Royal Rd Suite 104, Raleigh, NC 27617, Attention: Legal. Notices to you may be sent to the email address supplied for your account or we may broadcast notices or messages through the Sites to inform you of changes to the Sites or other matters of importance, and such broadcasts shall constitute notice to you. Any notices or communication will be deemed delivered to the party receiving such communication (a) on the delivery date if delivered personally to the party; (b) two business days after deposit with a commercial overnight carrier, with verification of receipt; (c) five business days after the mailing date, if sent by U.S. mail, return receipt requested; (d) on the delivery date if transmitted by confirmed facsimile; or (e) on the delivery date if transmitted by confirmed email.
Relationship Between the Parties. There is no agency, partnership, joint venture, or employee-employer relationship between you and TAB Ventures arising solely through the access or use of the Sites or Site Services.
Export Controls. You shall comply with all export laws and restrictions and regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or other United States or foreign agency or authority, and not export or re-export Visage Content in violation of any such restrictions, laws, or regulations. By downloading or using the Content, you agree to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any restricted country or on any such list.
International Use. Although the Site may be accessible worldwide, we make no representation that the Sites or their Content are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Site from international locations do so at their own initiative and are responsible for compliance with applicable local laws. Any offer of any product, service, and/or information made in connection with the Site is void where prohibited.