You may choose to register and create an account in order to access certain content and functionality of the Sites, including on any of the IFC Services. If you choose to create an account, you must provide an email address and password and may be required to provide additional, authenticatable information. To protect your account security, you should choose a username and password that are not associated with your personal information.
You are responsible for maintaining the confidentiality of your account, password, and other information. You agree not to provide any other person with access to it. You agree to notify IFC immediately if you become aware of any unauthorized access to or use of your account. You may be required to logout from your account at the end of each session or you may be automatically logged out after a certain time period. You should use caution when accessing your account from a public or shared computer so that others are not able to view or access your information. IFC may disable an account at any time in its sole discretion.
The Site and Services provide users with the ability to assess and measure compliance and related activity. The information you provide through the Site and Services for such purposes is referred to as “User Content,” and you agree that you will not post any User Content that (a) infringes or violates any other party’s intellectual property rights; (b) fails to comply with applicable laws and regulations, or (c) contains any expressions of hate, abuse, offensive images or conduct, or any similar content. Without limiting the foregoing, User Content must not:
With regard to the security of User Content, we have implemented administrative, physical and technical safeguards designed to protect User Content and improve the security of the information we maintain. For more information, please see our Trust Center. IFC does not monitor or access User Content other than on an aggregated basis as more fully described in our Trust Center.
You should notify IFC of any suspected copyright infringement in accordance with the relevant provisions of the Digital Millennium Copyright Act.
All other names, logos, product and service names, designs and slogans on the Sites and Services are the trademarks of their respective owners and are used in accordance with law and/or license or other agreement.
The Sites and Services may include content provided by third parties. Other than content provided by IFC, all statements and/or opinions expressed, all articles and responses to questions, and other content are solely the opinions and the responsibility of the party providing those materials. IFC is not responsible for the content or accuracy of any materials provided by any third parties. IFC does not warrant the accuracy, completeness, or reliability of any third party information on the Sites or Services.
You may link out to IFC Sites, provided you do so in a way that is legal and does not damage or take advantage of the IFC reputation. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on the part of IFC part without the express written consent of IFC.
IFC may change, suspend, modify, or discontinue all or any part of the Sites or Services in its sole discretion with or without notice. IFC is not liable if all or any part of a Site or Service is, for any reason, unavailable at any time or for any period. IFC reserves the right to block or deny access to any of the Sites or Services to anyone at any time for any reason. Unless otherwise expressly provided by IFC in a fully executed subscription agreement between you and IFC, IFC is not obligated to correct or update any information or content on the Sites or the Services.
THE SITES AND ALL CONTENT AND SERVICES ON OR AVAILABLE THROUGH THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, OTHER THAN THOSE EXPRESS WARRANTIES PROVIDED IN YOUR SUBSCRIPTION AGREEMENT, IF APPLICABLE AND IF ANY. NEITHER IFC NOR ANY PERSON ASSOCIATED WITH IFC MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITES OR SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER IFC NOR ANYONE ASSOCIATED WITH IFC REPRESENTS OR WARRANTS THAT THE SITES OR SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE, SERVICES OR THE SERVERS THAT MAKES SUCH AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR EXPECTATIONS OR NEEDS.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, IFC DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IFC IS AN ONLINE PROVIDER OF AND COMPLIANCE AND ASSESSMENT INFORMATION. IFC IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL ADVICE OR REPRESENT YOU IN ANY WAY.
BY USING THE SITES OR OUR SERVICES, YOU ARE NOT ACCESSING ATTORNEY SERVICES OR LEGAL ADVICE. IFC’S SITES AND SERVICES, INCLUDING THE WEB APPLICATION, ITS ASSESSMENT TOOLS AND REPORTS, AND ANY LEGAL, COMPLIANCE OR OTHER INFORMATION IT PROVIDES, IS NOT A SUBSTITUTE FOR THE ADVICE OF AN ATTORNEY.
BY USING THE SITES OR OUR SERVICES, YOU ACKNOWLEDGE YOUR UNDERSTANDING THAT WE PROVIDE TOOLS HELP YOUR ORGANIZATION OR YOUR ORGANIZATION’S THIRD PARTY VENDORS ASSESS AND UNDERSTAND THE ACTIONS NEEDED TO COME INTO COMPLIANCE WITH APPLICABLE COMPLIANCE FRAMEWORKS. IFC DOES NOT MAKE YOUR ORGANIZATION OR YOUR THIRD PARTY VENDORS COMPLIANT OR CERTIFY YOUR ORGANIZATION’S OR YOUR THIRD PARTY VENDOR’S COMPLIANCE. YOUR ORGANIZATION OR YOUR THIRD PARTY VENDORS MAY NEED TO TAKE ADDITIONAL MEASURES TO COMPLY WITH THE APPLICABLE COMPLIANCE REQUIREMENTS.
BY USING THE SITES OR OUR SERVICES, YOU ARE NOT ESTABLISHING AN ATTORNEY-CLIENT RELATIONSHIP WITH IFC, ANY OF ITS EMPLOYEES, OR WITH ANY ATTORNEY. ANY INFORMATION YOU PROVIDE TO IFC IS NOT PROTECTED BY ATTORNEY-CLIENT PRIVILEGE OR AS WORK PRODUCT.
IN ACCESSING THE SITES OR OUR SERVICES, THE USER ASSUMES RESPONSIBILITY TO PROVIDE CORRECT AND UP-TO-DATE INFORMATION. INACCURACIES IN INFORMATION PROVIDED COULD AFFECT THE VALIDITY OR ENFORCEABILITY OF THE REPORTS GENERATED BY THE SITES OR OUR SERVICES. YOU TAKE SOLE RESPONSIBILITY FOR THE COMPLETENESS, CORRECTNESS AND ACCURACY OF THE INFORMATION YOU PROVIDE TO IFC.
IFC DOES NOT: REVIEW YOUR DOCUMENTS OR ANY INFORMATION YOU INPUT FOR ACCURACY OR LEGAL SUFFICIENCY, DRAW LEGAL OR OTHER CONCLUSIONS, PROVIDE LEGAL ADVICE, OR APPLY THE COMPLIANCE REQUIREMENTS TO THE FACTS OF YOUR PARTICULAR SITUATION.
EACH USER HAS THE OBLIGATION TO MAKE HIS OR HER OWN DETERMINATION AS TO WHETHER TO SEEK THE ADVICE OF A LAWYER OR COMPLIANCE PROFESSIONAL.
IFC WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITES OR THE SERVICES.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL IFC, ITS SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MANAGERS, OR DIRECTORS, OR AFFILIATES OR THEIR LICENSORS, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE SITES OR SERVICES, ANY WEBSITES LINKED TO THE SITES OR SERVICES, ANY CONTENT ON THE SITES OR SERVICES OR SUCH OTHER WEBSITES OR ANY THIRD PARTY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR SUCH OTHER WEBSITES. THIS LIMITATION INCLUDES ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES ARISING FROM PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, AND LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
UNLESS OTHERWISE PROVIDED IN AN APPLICABLE SUBSCRIPTION AGREEMENT BETWEEN YOU AND IFC, YOU AND IFC HEREBY AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CIVIL CLAIMS ARISING FROM OR RELATED TO YOUR USE OF THE SITES OR SERVICES IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT WOULD BE AVAILABLE IN COURT PROCEEDINGS MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND IFC ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect. (The AAA Rules are available at https://www.adr.org/sites/default/files/Consumer_Rules_Web_0.pdf or by calling the AAA at 1-800-778-7879.)
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR IFC WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
All feedback, comments, requests for technical support, and other communications relating to the Sites and Services should be directed to: firstname.lastname@example.org.