Terms of Service
Latest Revision: March 17, 2020
1 Acceptance of Terms
1.1 International Association for Bear Research and Management. (“IBA” or “we”) agrees to provide its Service (as defined below) to you, the Visitor (uses the services and information without becoming a Member) or Member (registers as a Member by providing personal information and receiving login credentials), collectively a User, through its website (the “Site”) or website provided services (as defined below), subject to this Terms of Service (“TOS”). By signing below, and/or by accessing or using the Service or Site, “you,” the individual or the entity you represent enter into this TOS, agree to this TOS and acknowledge that you have read, understood, and agree to be bound by this TOS. If you agree to this TOS on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity and its affiliates to this TOS, in which case the terms “you” or “your” shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with this TOS, you must not use the service or site.
1.2 The Service, the Site, and any software that may be made available by IBA in connection with the Service and Site contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of this TOS, IBA hereby grants you a non-transferable and non-exclusive right to use and access the Service and Site, provided that you shall not (and shall not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code or sell, assign, sublicense, or otherwise transfer any right in any of the Service, Site, or software. You agree not to access the Service by any means other than through an interface provided by IBA Site. Any rights not expressly granted herein to you by this TOS are reserved.
2 Description of Service. The “Service” includes (a) the Site; (b) IBA’s Site delivered services, information, programs, and publications; and (c) all software services including delivery and\or presentation of documents, reports, text, images, sounds, video, and content made available through any of the foregoing (collectively, the “Content”). Any new features added to or augmenting the Service are also subject to this TOS.
3 General Conditions/ Access and Use of the Service.
3.1 Subject to the terms and conditions of this TOS, you shall not (a) sublicense, resell, rent, lease, transfer, assign, time share, or otherwise commercially exploit or make the Service available to any third party; (b) use the Service in any unlawful manner (including without limitation in violation of any data, privacy, or export control laws) or in any manner that interferes with or disrupt the integrity or performance of the Service or its components; or (c) modify, adapt or hack the Service to, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks.
3.2 The Service, the Site, and any software that may be made available by IBA in connection with the Service and Site contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of this TOS, IBA hereby grants you a non-transferable and non-exclusive right to use and access the Service and Site, provided that you shall not (and shall not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code or sell, assign, sublicense, or otherwise transfer any right in any of the Service, Site, or software. You agree not to access the Service by any means other than through an interface provided by IBA Site. Any rights not expressly granted herein to you by this TOS are reserved.
3.3 You are solely responsible for all data, information, feedback, suggestions, text, content, and other materials that you upload, post, deliver, provide, or otherwise transmit or store in connection with or relating to the Service (“Your Content”). For every communication sent on behalf of your organization via the Service, you acknowledge and agree that IBA has the right to add an identifying footer in accordance with IBA’s standard policies then in effect. You agree to cooperate with and provide reasonable assistance to IBA in promoting and advertising the Service.
3.4 You are responsible for maintaining the confidentiality of your login, password, and account information for all accounts assigned or made available to you. IBA reserves the right to access your account to respond to your requests for technical support. IBA has the right, but not the obligation, to monitor the Service, Content, or Your Content. You further agree that IBA may remove or disable any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.
3.5 You understand that the operation of the Service, including Your Content, may be unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices; and (c) transmission to IBA’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection, and backup of Your Content.
3.6 You shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access, or otherwise use the Service, including, without limitation, modems, hardware, server, software, operating system, networking, web servers, long distance and local telephone service (collectively, “Equipment”). You shall be responsible for ensuring that such Equipment is compatible with the Service (and, to the extent applicable, the Software) and complies with all configurations and specifications outlined in IBA’s published policies then in effect. You shall also be responsible for maintaining the security of the Equipment, your Account, passwords (including but not limited to administrative and user passwords), and files, and for all uses of your Account or the Equipment with or without your knowledge or consent.
3.7 The failure of IBA to exercise or enforce any right or provision of this TOS shall not be a waiver of that right. You acknowledge that this TOS is a contract between you and IBA and it governs your use of the Service. A signature transmitted by electronic means will be valid, and a copy or copies of this agreement, original or electronically transmitted, containing the signatures of all of the parties will be enforceable against and binding on all of the parties.
3.8 IBA will always gain your permission prior to using your name and/or IBA’s name as a reference for marketing or promotional purposes on IBA’s website and in other communication with existing or potential IBA Users.
3.9 Subject to the terms of this TOS, IBA may (but has no obligation to) provide technical support services, through email in accordance with IBA’s standard practice.
4 Payment. To the extent the Service or any portion of the Service is made available for any fee, you agree to pay IBA the amount that is specified on the Site in accordance with the terms posted on the Site. You will be required to provide IBA information regarding your payment instrument. You represent and warrant to IBA that such information is true and that you are authorized to use the payment instrument. If you dispute any charges you must inform IBA in writing within thirty (30) days after payment. All fees are exclusive of any applicable federal, state, or local taxes. All such fees and charges will be charged to the payment method you provided.
5 Your Representation and Warranties. You represent and warrant to IBA that (i) you have full power and authority to enter into this TOS; (ii) you own all Your Content or have obtained all permissions, releases, rights, or licenses required to engage in your posting and other activities (and allow IBA to perform its obligations) in connection with the Services without obtaining any further releases or consents; (iii) Your Content and other activities in connection with the Service, and IBA’s exercise of all rights and license granted by you in this TOS, do not and will not violate, infringe, or, misappropriate any third party’s copyright, trademark, right of privacy or publicity, or other personal or proprietary right, nor does Your Content contain any matter that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or harassing; and (iv) you are eighteen (18) years of age or older.
6 IBA’s Representations and Warranties and Exclusive Remedy.During the term of this TOS, IBA represents and warrants to you that (i) it shall use industry standard procedures to protect and deny unauthorized access or use of any of Your Content, or any corruption, deletion, destruction, or loss of any of Your Content; (ii) it shall use commercially reasonable efforts to make the Service available 24 hours a day, 7 days a week aside from temporary unavailability for scheduled maintenance or for unscheduled emergency maintenance, either by IBA or by third-party providers, or because of other causes beyond IBA’s reasonable control; (iii) it shall use commercially reasonable efforts to provide advance notice in writing or by email of any scheduled service disruption; (iv) the Service and Site will comply with the material functionality described in this TOS, any applicable referenced payment schedule, invoice, or quotation and that such functionality will be maintained in all material respects in subsequent upgrades to the Service and Site; and (v) it will make commercially reasonable efforts to promote your successful utilization of the Service and Site. You must promptly provide us with a written notice that describes any deficiency in the Service (including, as applicable, the service request number notifying us of the deficiency in the Service). Your sole and exclusive remedy for IBA’s breach of any warranty shall be IBA’s commercially reasonable effort to correct such errors or modify the Service to achieve the material functionality within a reasonable period of time.
7 Terms and Termination.The terms and conditions of this TOS are effective so long as you have access to the Service or Site or use the Service or Site. Any portion of the Service made available to you for any fee may be governed and/or limited by any payment schedule separately entered into in association with this TOS. You have the right to terminate your account at any time by logging into your account and cancelling the Service subject to earlier termination as provided below. IBA may terminate your Account and this TOS at any time by providing thirty (30) days prior notice to the administrative email address associated with your Account. In addition to any other remedies we may have, IBA may also terminate this TOS upon ten (10) days’ notice in the case of nonpayment, or upon thirty (30) days’ notice if you breach any of the terms or conditions of this TOS. IBA reserves the right to modify or discontinue, temporarily or permanently, the Service or any part of the Service. All of Your Content on the Service (if any) will be permanently deleted by IBA upon any termination of your account unless such Content must be retained for financial or legal requirements. There will be no refunds or credits for partial months of the Service. However, all accrued rights to payment and the terms of Section 4 shall survive termination of this TOS.
8 DISCLAIMER OF WARRANTIES. EXCEPT FOR THE WARRANTIES PROVIDED IN PARAGRAPH 6, THE SERVICE, INCLUDING THE SITE AND CONTENT, AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND IBA EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT IBA DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM IBA OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS.
9 LIMITATION OF LIABILITY.
9.1 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL IBA BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, OR (B) FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE to YOUR CLAIM or, IF NO FEES APPLY, one hundred ($100) U.S. dollars. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS TOS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS TOS.
9.2 Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE STATES, IBA’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
10 Indemnification. You shall defend, indemnify, and hold harmless IBA from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of this TOS, any of Your Content, or your other access, contribution to, use or misuse of the Service. IBA shall provide notice to you of any such claim, suit or demand. IBA reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting IBA’s defense of such matter.
11 U.S. Government Matters. You may not remove or export from the United States or allow the export or re-export of the Services or anything related to the Services, or any direct product of the Services in violation of any restrictions, laws, or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. As defined in FAR section 2.101, the software and documentation installed by IBA on your Equipment (if applicable) are “commercial items” and according to DFAR section 252.227 7014(a)(1) and (5) are deemed to be “commercial computer software” and “commercial computer software documentation.” Consistent with DFAR section 227.7202 and FAR section 12.212, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this TOS and will be prohibited except to the extent expressly permitted by the terms of this TOS.
12 Assignment. You may not assign this TOS without the prior written consent of IBA, but IBA may assign or transfer this TOS, in whole or in part, without restriction, or notice to you.
13 Miscellaneous. If any provision of this TOS is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this TOS will otherwise remain in full force and effect and enforceable. Both parties agree that this TOS is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this TOS, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided in this TOS. No agency, partnership, joint venture, or employment is created as a result of this TOS and you do not have any authority of any kind to bind IBA in any respect whatsoever.
14 Governing Law. This TOS shall be governed by the laws of the State of Montana without regard to the principles of conflicts of law. Unless otherwise elected by IBA in a particular instance, you hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of Montana for the purpose of resolving any dispute relating to your access to or use of the Service. Any addendums to this TOS shall be governed by laws and venue as designated in such addendum, or if silent on governing laws and venue shall be governed by the laws and venue specified in this section.
15 Governing Law. This TOS shall be governed by the laws of the State of Montana without regard to the principles of conflicts of law. Unless otherwise elected by IBA in a particular instance, you hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of Montana for the purpose of resolving any dispute relating to your access to or use of the Service. Any addendums to this TOS shall be governed by laws and venue as designated in such addendum, or if silent on governing laws and venue shall be governed by the laws and venue specified in this section.
16 DMCA. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. IBA will promptly process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to IBA’s Copyright Agent at: firstname.lastname@example.org (subject line: “DMCA Takedown Request”). You may also contact us by mail at:
Attention: Copyright Agent
IBA International Association for Bear Research and Management
c/o Jennapher Teunissen van Manen
907 Jessie Way
Bozeman, MT 59715, USA
Notice: To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it on the Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Counter-Notice: If you believe that relevant Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use such Content, you may send a written counter-notice containing the following information to the Copyright Agent:
- your physical or electronic signature;
- identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court located within the Northern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, IBA will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at IBA’s sole discretion.
Repeat Infringer Policy:In accordance with the DMCA and other applicable law, IBA has adopted a policy of terminating, in appropriate circumstances and at IBA’s sole discretion, members who are deemed to be repeat infringers. IBA may also, at its sole discretion, limit access to the Site and/or terminate memberships of any users who infringe intellectual property rights of others, whether there is any repeat infringement.