Welcome to the IMA community.

Institute of Management Accountants, Inc., “IMA” provides a social networking service that offers a platform and an array of features that allows members to create personal profiles online in order to communicate with other people. The services offered by IMA (“IMA”, “LinkUpIMA”, “us” or “we”) include the IMA website (the “Website”), and any other features, content, or, applications offered from time to time by IMA in connection with the Website (collectively, the “Services”).

This Terms of Use Agreement (“Agreement”) sets forth the legally binding terms for your use of the Services. By using the Services, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Website) or you are a “Member” (which means that you have registered with and a member of IMA). The term “User” refers to a Visitor or a Member.

Additional Terms. In order to participate in certain Services, you may be required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.

Amendments. IMA may modify this Agreement from time to time and such modification shall be effective: (1) upon posting by IMA on the Website or within the LinkUpIMA community, for all Users who first use the Services affected by such modification after the posting, or (2) thirty (30) days after posting by IMA on the Website, for all existing Users of the affected Services. If you do not agree to the modifications, you must cease your use of the Services.

Eligibility. By using the Services, you represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the Services does not violate any applicable law or regulation. Your profile may be deleted without warning if we believe that you are younger than 13.
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Term. This Agreement shall remain in full force and effect while you use the Services or are a Member. You and end your membership at any time, for any reason by contacting customer service. IMA may terminate your membership for any reason, at anytime without any notice. Even after any termination, Sections 5-16 of this Agreement will remain in effect. You understand that termination of this Agreement and your IMA account involves deletion of your profile information from our live databases. IMA will not have any liability whatsoever to you for any termination of your account or related deletion of you information.
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Fees. You acknowledge that IMA reserves the right to charge for the Services and to change its fees from time to time in its discretion, upon notice to you at the then-current e-mail address in your IMA member profile or within the community. Upon using the Services, you will be responsible for the payment of any applicable fees, and shall pay such fees to IMA.
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Password. When you sign up to become a Member, you will receive a username and a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time. You agree to notify IMA immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
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Proprietary Rights. IMA does not claim ownership in any Content that you post on the Website, but to be able to legally provide you with and promote the Services, we have to have certain rights to use such Content in connection with the Services, as set forth below in Subsection a. In return, we also grant you certain use rights to the Content that IMA (or its licensors) owns and uses to provide the Services to you and other Members and Users, as set forth below in Subsection b.

a. Your Content. By posting any “Content” (which means any and all postings, messages, text, files, images, photos, video, sounds, works of authorship, feedback, bug reports, or other materials) on the Website, you hereby grant to IMA, an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, perform, display, create derivative works of, and distribute such Content in any and all media (now known or later developed) throughout the world. No compensation will be paid with respect to the Content that you submit, upload, post, transmit or otherwise make available through the Services.

b. IMA. The Services contain Content of IMA and its licensors (“IMA Content”). IMA and its licensors (including the Members) own and retain all proprietary rights in the IMA Content and the Services. Except for that Content that is owned by you, that is in the public domain, or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such Content. IMA hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the IMA Content (excluding any software code) solely for your personal use in connection with viewing the Website and using the Services.

Your Content and Activity. You are solely responsible for any and all Content that is published or displayed (“posted”, as used herein) by or through your account on any Service, including any e-mail, and for your interactions with other Users.

a. Prohibited Content. You agree that you will not post any Prohibited Content. “Prohibited Content” includes Content that: (i) is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) bullies, harasses or advocates stalking, bullying, or harassment of another person; (iii) involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing, or “spamming,”; (iv) is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (v) promotes, copies, performs or distributes an illegal or unauthorized copy of another person’s work that is protected by copyright or trade secret law, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protection devices, or providing pirated music or links to pirated music files; (vi) is involved in the exploitation of persons under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; (vii) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses and other harmful code; (viii) solicits passwords or personally identifying information for commercial or unlawful purposes from other Users; (ix) except as expressly approved by IMA, involves commercial activities and/or promotions such as contests, sweepstakes, barter, advertising, or pyramid schemes; (x) contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software; or (xi) otherwise violates the terms of this Agreement or creates liability for IMA. You represent and warrant that: (i) you own the Content posted by you on the Service or otherwise have the right to grant the license set forth in this section, and (ii) your Content does not violate the privacy rights, publicity rights, copyright rights, or other rights of any person.

b. Enforcement by IMA. IMA has the right (but not the obligation) to review any Content and delete any Content that in the sole judgment of IMA violates this Agreement or which may be offensive, illegal, violate the rights, harm, or threaten the safety of any User or any other person, or create liability for IMA or any User. IMA reserves the right (but has no obligation) to investigate and take appropriate legal action in its sole discretion against you if you violate this provision or any other provision of this Agreement, including without limitation, removing the Prohibited Content from the Services, terminating your membership, reporting you to law enforcement authorities, and taking legal action against you.

c. Your Profile. Any Content used for or photographs posted by you in your profile may not contain nudity, violence, sexually explicit, or offensive subject matter. You may not post a photograph of another person without that person’s permission.

d. Non-Commercial Use. The Services are for the personal use of Users only and may not be used in connection with any commercial endeavors except those that are specifically approved in writing by the management of IMA or in connection with Services expressly designated for commercial use. You will not engage in advertising to, or solicitation of, any User to buy or sell any products or services through any Service. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from your Content without notice and may result in suspension or termination of your account.

e. Member Interaction. You will not use any information obtained from the Services in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent. In order to protect our Members from such advertising or solicitation, IMA reserves the right to restrict the number of communications which a Member may send to other Members in any 24-hour period to a number which IMA deems appropriate in its sole discretion.

f. No Disruption. You will not: (i) cover or obscure the banner advertisements on your personal profile page, or any IMA page via HTML/CSS, scripting, or any other means, if any (ii) interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services, or (iii) introduce software or automated agents to the Services so as to produce multiple accounts, generate automated messages, or to strip or mine data from the Services.

g. Miscellaneous. You will not attempt to impersonate another User or person, including any employee of IMA. You will use the Services in a manner consistent with any and all applicable laws and regulations.

Copyright Policy. It is the policy of IMA to terminate membership privileges of any Member who repeatedly infringes copyright upon prompt notification to IMA by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Service; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for IMA Copyright Agent for notice of claims of copyright infringement is as follows:

Attn: Copyright Agent, IMA Customer Service
e-mail: ima@imanet.org

Third Parties and other Users.

a. Third Party Content. Content from other Users, advertisers, and other third parties is made available to you through the Services. Because IMA does not control such Content, you agree that IMA is not responsible for any such Content, including advertising and information about third party products or services. Because IMA does not have control over such Content, IMA makes no guarantees about the accuracy, currency, suitability, or quality of the information in such Content, and IMA assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by other Users, advertisers, and third parties.

b. Responsibility. Your interactions with other Users on the Services or with advertisers, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other User or the advertiser. You agree that IMA will not be responsible for any loss or damage incurred as the result of any such dealings or with respect to any other User’s use or disclosure of your personally identifiable information. If there is a dispute between you and any third party (including any User), IMA is under no obligation to become involved; however, IMA reserves the right, but has no obligation, to monitor disputes between you and other Users.

Privacy. Use of the Services is also governed by our Privacy Policy, which is incorporated in this Agreement by this reference.
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Disclaimers. IMA is not responsible for any incorrect or inaccurate Content (including any profile information) posted on the Services, whether caused by Users, Members or by any of the equipment or programming associated with or utilized in the Services. IMA is not responsible for the conduct, whether online or offline, of any User of the Services. IMA assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or User communication. IMA is not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or at the Website or combination thereof, including any injury or damage to Visitors and/or Members or to any person’s computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall IMA be responsible for any loss or damage, including personal injury or death, resulting from use of the Services or from any Content posted on the Website or transmitted to Users, or any interactions between Users of the Services, whether online or offline.

THE SERVICES ARE PROVIDED “AS-IS” AND AS AVAILABLE. IMA EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. IMA MAKES NO WARRANTY THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.

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Limitation on Liability. IN NO EVENT SHALL IMA BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF IMA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IMA’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF FIFTY US DOLLARS ($50) AND THE AMOUNTS YOU PAID TO IMA IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF THE CLAIM.
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Release. You hereby release IMA, its officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from (i) any interactions with other Users, or (ii) your participation in any offline IMA event.

If you are a California resident, you hereby waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

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Indemnity. You agree to defend, indemnify, and hold IMA, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from your breach of any provision of this Agreement.
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U.S. Export Controls. Software available in connection with the Services (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. By downloading or using the Software, you represent and warrant that such download or use is not in violation of any such law.
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Governing Law. This Agreement shall be governed by the laws of the State of New Jersey without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. Any legal action or proceeding relating to your access to, or use of, the Service shall be instituted in a state or federal court located in New Jersey and no other venue. You and IMA agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
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Other. This Agreement is accepted upon your use of the Website or any of the Services or by you registering to be a Member. This Agreement constitutes the entire agreement between you and IMA regarding the use of the Services. The failure of IMA to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement.
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Copyright/Trademark Information. Copyright © 2009 IMA. All rights reserved. The trademarks, logos and service marks ("Marks") displayed on the Site are the property of IMA or other third parties. You are not permitted to use these Marks without the prior written consent of IMA or such third party which may own the Mark.