Website, Membership and Event Terms and Conditions
Graduate Business Curriculum Roundtable Website, Event and Membership Terms and Conditions
IMPORTANT NOTICE: THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION PROVISION AND A CLASS ACTION WAIVER. THESE PROVISIONS AFFECT YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
These Terms and Conditions (“Terms”) are a legal agreement between you and Graduate Business Curriculum Roundtable, a Minnesota nonprofit corporation (the “Roundtable,” “us,” “we,” or “our”), and govern (a) for all website users, your use of our website located at: https://gbcroundtable.org/ (the “Site”); (b) for members, your membership in our organization and receipt of the membership benefits arising from membership in our organization (the “Membership Services”); and (c) for participants, your registration or participation in one of our educational events (e.g., webinars, symposiums, workshops, conferences, etc.) (the “Educational Events”). The Membership Services and Educational Events may be collectively referred to herein as the “Services.”
Your use of our Site, receipt of our Membership Services, or participation in our Educational Events are offered to you conditioned on your acceptance without modification of these Terms. Your use of the Site, registration as a member (both educational or academic organizations), or your attendance at or participation in one or more Educational Events (either as a participant, sponsor, or exhibitor) constitutes your express agreement to these Terms. You warrant that you are of the age of majority and agree to these Terms. If you object to these Terms or our Privacy Policy, you agree that your sole and exclusive remedy is to discontinue using the Site and our Services.
CHANGES TO THESE TERMS
We reserve the right to modify these Terms at any time, in our sole discretion. If we do, we may give notice by posting the updated Terms on the Site, sending you an email, or by any other reasonable means, so it is important that you periodically review these Terms for changes. You agree to the updated Terms by using the Site and/or our Services after the updated Terms have been posted.
MEMBERSHIP TERMS
Membership. Membership is school-wide, not on an individual basis. Schools may designate up to 30 school contacts who may benefit from membership to have a login to the member portal on our Site and receive other member benefits. Each member school must designate a primary contact or administrator for updates, renewal, and billing information. Member schools may become a member by completing the application on our Site.
Membership Fees. The annual membership period is August 1 through July 31. Membership fees are paid annually. New members joining after August 1 and before May 1 will pay a pro-rated fee. For new members joining after May 1, the pro-rated fee will be added to the annual fee. Any membership fees paid for the current period are non-refundable, even if you elect to terminate your membership. Please see the provision titled “Fees/Credit Card Charges” for more information about fees.
User Account. Representatives of members may create a user account through our Site. You shall be solely responsible for the security, confidentiality, and integrity of all messages and the content that you receive, transmit, or store via your user account. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your user account using your credentials (i.e., user ID and password). You agree to bear all responsibility for the confidentiality of your user account credentials and all use or charges incurred from your user account. We will protect the privacy of information provided in your user account in accordance with our Privacy Policy.
Termination. Members may terminate their membership at any time for any reason by providing notice to the Roundtable. We may terminate your membership at any time upon notice: (i) for failure to pay the membership fees; or (ii) for your material breach of these Terms or any policies of the Roundtable. Members acknowledge that any fees paid for the current membership period will not be refunded regardless of the reason for termination.
Discussion Forums. Representatives of members may use the Site’s discussion forum to post blogs, comments, or questions. Any such blogs, comments, or questions posted are public and non-confidential.
Publicity. The name, title, organization, phone, and email address of each member representative will, in the Roundtable’s discretion, be included on the Site along with similar information on other members and their representatives. You may withdraw this consent at any time by sending written notice to the Roundtable using the contact information below. In addition, you may update and edit your privacy preferences in your member portal, and we will remove your identifying information from our Site. Please see our Privacy Policy for more information about how we collect and use your personal information.
EDUCATIONAL EVENTS TERMS
Registration. You can register for our Educational Events through our Site. You are responsible for ensuring all information provided during registration is accurate and up to date. All applicable fees must be paid in full at the time of registration, provided that members have the option to pay within thirty (30) days via check, credit card, wire, or ACH transfer. Registration fees are non-refundable except as explicitly set forth herein. The Roundtable reserves the right to accept or deny your registration in its sole discretion. Registration for an Educational Event is completed once the Roundtable confirms the registration in writing through an acknowledgement email. Please keep this confirmation for your records. Transferring your registration to a colleague is allowed and is free of charge provided you inform the Roundtable at least ten (10) days prior to the Educational Event.
Changes/Rescheduling. The Roundtable reserves the right to reschedule an Educational Event and change the location of an Educational Event by providing written notice (email) to registrants without liability. The Roundtable may also adjust, alter, and modify the sessions and Education Materials included in an Educational Event without providing notice to registrants.
Cancellation. The Roundtable may, in its sole discretion, cancel an Educational Event for any reason by providing written notice (email) to registrants without liability. If the Roundtable cancels the Educational Event, it will promptly refund the registration fee to you. The Roundtable is not responsible for any losses or damage you may suffer due to cancellation of the Educational Event.
No Liability. The Roundtable is not responsible for your travel, hotel, or other accommodation, unless otherwise agreed to in writing between you and the Roundtable. You attend all Educational Events at your own risk, and the Roundtable is not liable for any personal injury, loss, damage, or theft of personal property incurred during your travels or during the Educational Event.
Removal of Registrants. Attendees must conduct themselves professionally and respectfully at all times. The Roundtable may, in its sole discretion, remove you from further participation in an Educational Event if the Roundtable determines your behavior to be inappropriate, disruptive, or otherwise offensive or dangerous to other attendees or the Roundtable. No refund will be given to any attendee who is removed from the Educational Event by the Roundtable.
Intellectual Property. All materials, content, information, resources, data, and other documents and information (“Educational Materials”) presented during an Educational Event are the intellectual property of the Roundtable or its licensors and may not be reproduced or copied without permission. You may not record Educational Events without prior written consent from the Roundtable.
Artificial Intelligence Notetaking. The Roundtable is committed to protecting the confidentiality and privacy of all Educational Event attendees and speakers as well as the content and information shared during Educational Events. Therefore, the Roundtable reserves the right to prohibit any recording or use of artificial intelligence notetaking tools at Educational Events.
Photographs; Media. Photographs, videos, and/or audio recordings may be taken by or on behalf of the Roundtable while you attend, participate, or present at an event (“Media”). You agree that any Media shall be the exclusive property of the Roundtable, and you irrevocably assign all right, title, and interest in and to any Media to the Roundtable and all intellectual property rights therein. You understand that the Roundtable may keep, use, or disclose the Media and any derivatives now and in the future. The Roundtable may edit and modify the Media by such means necessary to improve the appearance or content. You waive any rights to inspect or approve the finished Media. The Roundtable may, but is not required to, include your name in connection with the Media.
The Roundtable may use any Media in any media or format for its marketing and business purposes, including without limitation, internal or external publications, magazines, the Site, social media (e.g., Facebook, Instagram, or LinkedIn), or other printed media, without further consent from or royalty, payment, or other compensation to you.
Attendee Lists. The Roundtable believes it is in the best interest of attendees to use sponsors and exhibitors at our Educational Events. We may share limited information of attendees at our Educational Events with our sponsors and exhibitors who request attendee lists and to other event attendees through our virtual event platform (i.e., Whova) where attendees may view name, job title and other Personal Information of other attendees. Please see our Privacy Policy for more information about how we collect and use your personal information.
Event Mobile Application. The Roundtable uses a third party mobile application that enhances attendee experience, and includes agendas, schedules, and interactive maps. You acknowledge that the Roundtable is not responsible for the third party application. Instead, your use of the third party application is subject to such third party’s terms of use and privacy policy.
For Vendors. The organization name, organization ID number, and other organization information from the IRS Form W-9 will be collected by the Roundtable for vendors. The organization name and contact information of vendors will be provided to the Roundtable event attendees, may be listed on promotional materials, and may be provided to event sponsors, exhibitors, and other vendors.
PRIVACY
The Roundtable collects personal information to provide the Site and Services. By submitting personal information to the Roundtable, you consent to being contacted by the Roundtable at the contact information you submitted, including notifying you of upcoming events or events for which you are registered, and providing you with updates regarding your membership or membership fees. We may also send you marketing emails. You may opt-out of receiving any marketing emails at any time by clicking the appropriate unsubscribe link in the email or by emailing us at info@gbcroundtable.org, and we will promptly honor such opt-out request.
Our Privacy Policy informs you of how we collect and use your personal information and is expressly incorporated into these Terms by this reference. By using the Site and/or Services, you agree to the terms of our Privacy Policy.
FEES/CREDIT CARD CHARGES
You are responsible for paying the fees, if any, associated with the Services. All fees are exclusive of sales and other taxes, and you are responsible for payment of any applicable federal, state, local, and city taxes, in addition to any processing fee charged by the Roundtable.
If you elect to pay for fees by credit card, you are responsible for providing valid payment information (i.e., bank debit or credit card number) at the time you register to pay. You represent and warrant that you are an authorized user of any bank debit or credit card number provided, and you agree to pay all charges resulting from your user account, including any unauthorized charges incurred prior to your notice to the Roundtable of such charges. You agree that we may pass your bank debit or credit card information and personally identifiable information as necessary to our designated payment provider(s) for their use in processing the bank debit or credit card payment.
INTELLECTUAL PROPERTY RIGHTS
Ownership. We are the owner of the Site and the Services. Our Site, the Services, all information provided through the Site and the Services, and all derivatives shall be and remain the property of the Roundtable or its licensors and are protected by copyright, trademark, and other intellectual property laws. Information includes all information such as the “look and feel” of our Site, the data files, graphics, text, photographs, drawings, logos, images, sounds, music, video or audio files part of our Site, and the educational content, resources, research, surveys, and presentations provided through our Site and Services. You shall have no rights or interests therein except as set forth in these Terms. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within our Site, Services, or the information provided therein.
Investigate and Defend. You acknowledge and agree that the Roundtable (and not any third party) shall be solely responsible to investigate, defend, settle, and discharge any third party claims that our Services infringes any United States patent right, copyright, trade secret or other intellectual property right of such third party. You agree to notify us immediately in writing of any such claim and to cooperate as necessary in the defense and settlement of such claim.
Marks. The Roundtable name, trademarks, logos, domain names, slogans, and all related product and services names, trademarks, and logos are owned or licensed by the Roundtable (the “Marks”). No license to the Marks is granted under these Terms, and access to our Site or Services does not authorize you to use the Marks in any manner.
Copies. You shall have no right to make or use copies of the Site, Services, or information provided therein. Without our prior express written consent, you may not rent, lease, lend, sell, sublicense, assign, publish, copy, reproduce, distribute, transfer, upload, post, transmit, or otherwise make available, in whole or in part, the Site, Services, or information provided therein to any third party for any reason.
Copyright Infringement – DMCA Notice. 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 US copyright law. If you believe in good faith that content or material on this Site infringe a copyright owned by you, you (or your agent) may send the Roundtable a notice requesting that the material be removed or access to it be blocked. This request should be sent to: info@gbcroundtable.org. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or the subject of infringing activity; (d) contact information for the copyright owner or authorized agent; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the Site should be sent to the address above.
PROHIBITED USES
You acknowledge and agree that your use of the Site is for your personal use and not for advertising or commercial purposes. You agree not to copy or collect our content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). You may not use the Site for any purpose not contemplated herein.
Except as otherwise permitted under these Terms, you shall not (and shall not assist any third party to):
- Use our Site to access websites which risk the security or brand of our Site (for example, a website believed to spread malware) (NOTE: we reserve the right to block certain websites which we reasonably believe pose a risk to our Site);
- Send spam or any other form of duplicative and unsolicited messages, other than marketing and promotional messages permitted under an organization’s agreement with us, to any third party or other users through our Site;
- Harvest, collect, gather, or assemble information or data regarding other users of our Site without their consent;
- Transmit through or post on our Site unlawful, libelous, tortuous, infringing, defamatory, threatening, vulgar, or obscene material or material that may be harmful to minors;
- Knowingly transmit material containing software viruses or other harmful or deleterious computer code, files, scripts, agents, or programs;
- Knowingly interfere with or disrupt the integrity or performance of our Site or the data contained therein or attempt to gain unauthorized access to our Site, computer systems, or networks related to our Site;
- Decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or derive any source code (or underlying ideas, algorithms, structure, or organization) from our Site or from any other information by any means whatsoever;
- Distribute, disclose, or allow use of any of our Site in any format, through any timesharing device, service bureau, network or by any other means, to or by any third party;
- Violate the terms and conditions of these Terms;
- Create Internet “links” to or from our Site, or “frame” or “mirror” any of our content which forms part of our Site;
- Modify or create a derivative work of our Site, Content, or any portion thereof; or
- Post or disseminate information, educational materials, or other data or materials that belong to a third party without such third party’s consent or that is otherwise infringing.
ACCESS LIMITATIONS
You shall be solely responsible for providing, maintaining, and ensuring compatibility with our Site access requirements: all hardware, software, electrical or other physical requirements for your use of our Site, including without limitation, telecommunications and Internet service provider access, connections, links, web browsers, or other equipment, programs, or services, required to access the Internet or to use our Site. You acknowledge and agree that from time to time our Site may be inaccessible or inoperable for any reason, including without limitation: (i) equipment malfunctions; (ii) periodic maintenance or repairs; or (iii) other causes beyond our control. Additionally, because our Site is accessed via the Internet or a mobile carrier, you may have connection issues due solely to your own Internet or telecommunications service provider or other technological access requirements. We are not responsible for any third party access requirements (e.g., your ISP).
THIRD PARTY SERVICE PROVIDERS
You acknowledge that we contract with our third party development, application, and data hosting, wireless network services, payment processing, and other technology services providers to provide our Site functionality (“Third Party Providers”). For example, all user data is stored at computer data centers operated and maintained by our Third Party Provider. We are responsible for ensuring that our Third Party Providers abide by these Terms.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU HAVE NO CONTRACTUAL RELATIONSHIP WITH ANY OF OUR THIRD PARTY PROVIDERS AND THAT YOU ARE NOT A THIRD PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN THE ROUNDTABLE AND ANY THIRD PARTY PROVIDER. ALL OF OUR THIRD PARTY PROVIDERS AND THEIR AFFILIATES AND CONTRACTORS SHALL HAVE NO LEGAL, EQUITABLE, OR OTHER LIABILITY OF ANY KIND TO ANY USER, AND YOU HEREBY WAIVE AND DISCLAIM ANY AND ALL CLAIMS OR DEMANDS OF SUCH NATURE. THIRD PARTY PROVIDERS HAVE NO OBLIGATION FOR ANY WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO OUR SITE AND SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIRD PARTY PROVIDERS SHALL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO OUR SITE OR SERVICES, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY UNDER THESE TERMS WILL BE SOLELY AS PERMITTED UNDER THESE TERMS.
LINKS
We may include links on our Site to other websites or resources operated by third parties, including advertisers. We have not reviewed all of the sites linked to our Site, and we are not responsible for the content or accuracy of any off-site pages or the availability of such external websites or resources, and we do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products, or other materials or services on or available from such websites or resources, nor for any damage, loss, or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, products, or services available on such external websites or resources. You are solely responsible for reviewing any privacy policies or terms of such third party websites.
NO WARRANTIES
OUR SITE, INFORMATION PROVIDED THEREIN, SERVICES, AND EDUCATIONAL MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT THE ROUNDTABLE HAS NO OBLIGATION FOR ANY ERRORS OR ANY WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR NON-INFRINGEMENT OR ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO OUR SITE, INFORMATION PROVIDED THEREIN, SERVICES, OR EDUCATIONAL MATERIALS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ROUNDTABLE DISCLAIMS AND SHALL HAVE NO OTHER LIABILITY OR WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO OUR SITE, INFORMATION PROVIDED THEREIN, SERVICES, OR EDUCATIONAL MATERIALS, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY UNDER THESE TERMS WILL BE SOLELY AS PERMITTED UNDER THESE TERMS. THE ROUNDTABLE DOES NOT WARRANT OR REPRESENT THAT OUR SITE, INFORMATION PROVIDED THEREIN, SERVICES, OR EDUCATIONAL MATERIALS, ARE ACCURATE, ERROR-FREE, OR RELIABLE OR THAT YOUR USE OF OUR SITE, INFORMATION PROVIDED THEREIN, SERVICES, OR EDUCATIONAL MATERIALS WILL NOT INFRINGE RIGHTS OF THIRD PARTIES. THE ROUNDTABLE IS NOT RESPONSIBLE FOR COSTS OR ANY DAMAGES THAT RESULT FROM RELIANCE ON OR USE OF THE SITE, INFORMATION PROVIDED THEREIN, SERVICES, OR EDUCATIONAL MATERIALS. Some jurisdictions do not allow the exclusion of implied warranties, so this exclusion may not apply.
DAMAGES LIMITATION
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR THIRD PARTY PROVIDERS OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, RESULTING FROM ANY LOSS OF USE, LITIGATION, OR ANY OTHER PECUNIARY LOSS, INCLUDING LOSS OF GOODWILL OR REPUTATION, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF OUR SITE, INFORMATION PROVIDED THEREIN, SERVICES, OR EDUCATIONAL MATERIALS, WITH THE DELAY OR INABILITY TO USE OR WITH THE PROVISION OF OR FAILURE TO MAKE AVAILABLE OUR SITE, INFORMATION PROVIDED THEREIN, SERVICES, OR EDUCATIONAL MATERIALS EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT NEITHER US NOR OUR THIRD PARTY PROVIDERS OR AGENTS ARE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE SITE, INFORMATION PROVIDED THEREIN, SERVICES, OR EDUCATIONAL MATERIALS. Any claims arising in connection with your use of our Site or Services must be brought within one (1) year of the date of the event giving rise to such action. Remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms. If you are dissatisfied with our Site or Services, your sole and exclusive remedy shall be for you to discontinue use of our Site and/or Services.
Bargained For Basis. You acknowledge and agree that the limitations of liability set forth above are fundamental elements of these Terms and neither the Site nor Services would be provided to you absent such limitations of liability.
INDEMNIFICATION
To the greatest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless us and our officers, directors, employees, agents, licensors, third party providers, and suppliers from any liability, loss, claim, action, demand, and expense (including reasonable attorneys’ fees) resulting from, or alleged to result from, your violation of these Terms and your acts or omissions as a member of the roundtable or attendee of an educational event.
GOVERNING LAW; ARBITRATION; JURISDICTION
IMPORTANT NOTICE: THIS PROVISION CONTAINS A BINDING ARBITRATION PROVISION AND A CLASS ACTION WAIVER. THESE PROVISIONS AFFECT YOUR LEGAL RIGHTS; PLEASE READ CAREFULLY.
Arbitration. Except for a claim by the Roundtable of infringement of our intellectual property rights or misappropriation of our trade secrets, any and all disputes between you and us arising under or related in any way to these Terms must be resolved through binding arbitration as described in this section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of our Services. BY AGREEING TO THESE TERMS, YOU AND THE ROUNDTABLE ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND THE ROUNDTABLE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
Disputes. You and we agree to discuss in good faith any concern you may have arising out of or in connection with these Terms, including any question regarding its validity or breach hereof (a “Dispute”). If you and we cannot resolve a Dispute through good faith discussions within sixty (60) days, then, upon the written request of either you or us, such Dispute will be referred to and finally resolved by final, binding and confidential arbitration in Hennepin County, Minnesota under Arbitration Rules and Procedures of the Judicial Arbitration and Mediation Service, Inc. (JAMS) then in effect (“Rules”) which Rules are deemed to be incorporated by reference into this clause.
Arbitration Process. The number of arbitrators shall be one (1), appointed in accordance with the Rules. All arbitration proceedings shall take place in Hennepin County, Minnesota, provided that there may be an electronic meeting option. The language of the proceedings shall be English. You and we undertake as a general principle to keep confidential all awards in the arbitration, together with all materials in the proceedings created for the purpose of the arbitration and all other documents produced by either you or us in the proceedings not otherwise in the public domain - save and to the extent that disclosure may be required of you or us by legal duty, to protect or pursue a legal right or to enforce or challenge an award in bona fide legal proceedings before a state court or other judicial authority. The deliberation of the arbitrator is likewise confidential to its members, save and to the extent that disclosure of an arbitrator’s refusal to participate in the arbitration is required by the Rules. We will cover the first $250 of the arbitration costs for you. The prevailing party shall be awarded reasonable attorneys’ fees, together with any costs and expenses, to resolve the Dispute and to enforce final judgment (subject only to our coverage of the first $250 of your costs). Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Acknowledgement. The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
Governing Law. These Terms and the resolution of any dispute related to these Terms shall be governed by and construed in accordance with the laws of the State of Minnesota, without giving effect to any principles of conflicts of law.
Class Action Waiver. The parties further agree that the arbitration will be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND THE ROUNDTABLE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above will be deemed null and void in their entirety and the parties will be deemed to have not agreed to arbitrate disputes.
Opt-Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending (from the email address you use on your user account) written notice of your decision to opt-out to the Roundtable at the email address noted below with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within thirty (30) days of the later of the Effective Date of these Terms or your first use of our Services; otherwise, you will be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, we also will not be bound by them.
To effect service of process on the Roundtable, please contact the Minnesota Secretary of State to obtain the name of the registered agent and the registered office address that is on file with the Secretary of State for the Roundtable.
MISCELLANEOUS PROVISIONS
Compliance with Applicable Laws. You agree that you will not use our Site or Services for activities prohibited by local, state, federal, or your country’s law or other applicable rules or regulations. You represent and warrant that: (i) you are not located in a country that is subject to U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Notices. Notices under these Terms shall be in writing and shall be deemed given when: (i) delivered personally; (ii) on the date sent by facsimile or email to the number or email address provided through your account; or (iii) three (3) business days after the date sent by certified mail, postage prepaid with return receipt requested. Notices to the Roundtable shall be made by using the contact information below.
Agreement. These Terms constitute the entire agreement and understanding among the parties with respect to the subject matter hereof and supersede all prior and contemporaneous agreements, understandings, inducements, and conditions, expressed or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. These Terms shall be binding upon and inure to the benefit of the parties, their successors, and assigns.
Waiver. Our failure to insist upon strict enforcement of any provision(s) of these Terms shall not be construed as a waiver of any provision or right.
Assignment. You are not permitted to assign these Terms, your user account, or any of your rights and obligations under these Terms, in whole or in part, without the prior written consent of the Roundtable.
Severability. Should any provision of these Terms be held invalid or unenforceable, such invalidity will not invalidate the whole of these Terms, but rather that invalid provision will be amended to achieve as nearly as possible the same economic effect as the original provision and the remainder of these Terms will remain in full force and effect.
CONTACT INFORMATION
Email: info@gbcroundtable.org
Phone: (844) 784-6227 or (610) 616-4593
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