IANS Decision Support Terms of Service
Version 1.31, Updated 5/23/2025
The websites (“Sites”) on which this Terms and Conditions
statement (“Terms”) appears are owned and operated by the
Institute for Applied Network Security (referred to as "IANS," "we," "us" or
"our"). For purposes of these Terms, “you” or “your”
means the person accessing the Sites and any persons that allow others to
provide information about themselves to us. The Sites may provide
information, documents, tools, products, services, accounts, offers,
suggestions on the best way to use our products and/or information on where
to purchase our products (collectively, “Services”).
1. Acceptance of Terms
THESE TERMS CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND IANS. PLEASE READ
CAREFULLY THROUGH ALL SECTIONS OF THESE TERMS. BY CLICKING ON LINKS WITHIN
THE IANS SITES OR WEBPAGES BEYOND THE SITES’ HOMEPAGES OR BY CLICKING
ON A BOX OR ICON, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE
TO BE BOUND BY THESE TERMS WHETHER OR NOT YOU COMPLETE A TRANSACTION WITH
IANS AND WHETHER OR NOT YOU COMPLETE YOUR TRANSACTION ON THE SITES OR
THROUGH OTHER CHANNELS, SUCH AS BY TELEPHONE, EMAIL, FACSIMILE OR OTHERWISE.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE
SITES, ANY SERVICES AVAILABLE THROUGH THESE SITES, OR ANY INFORMATION
CONTAINED ON THESE SITES.
Mandatory Arbitration Notice and Class Action and Jury Trial
Waiver
These Terms contain a mandatory (binding) arbitration provision and class
action and jury trial waiver clauses. Except for certain types of disputes
described in the arbitration section below or where prohibited by applicable
law, you agree that disputes between you and IANS regarding your use of the
Sites or Services will be resolved by binding, individual arbitration and
you waive your right to participate in a class action lawsuit or class-wide
arbitration, including as a class representative. The arbitrator’s
decision will be subject to very limited review by a court. You will be
entitled to a fair hearing, but the arbitration procedures are simpler and
more limited than rules applicable in court. For more details, see below.
IANS may make changes to the content available on the Sites at any time.
IANS can change, update, add, or remove provisions of these Terms at any
time by posting the updated Terms on the Sites. IANS will make commercially
reasonable efforts to notify you of any material changes to these Terms,
however, IANS is not obligated to. You waive any right you may have to
receive specific notice of such changes to these Terms except for changes to
our agreement to arbitration, which is discussed more fully below. By using
the Sites after IANS has updated the Terms, you are agreeing to the
then-current Terms. You are responsible for regularly reviewing these Terms.
In addition to these Terms, your use of certain Services may be governed by
additional agreements.
2. Privacy Policy
Besides these Terms, IANS also publishes a
Privacy Policy. Although it is not part of these Terms, IANS encourages you to read it to
better understand how you can update, manage, access, and delete your
information.
3. Description of Services
IANS is a cybersecurity research and advisory firm that provides Services to
support decision- making for CISOs and their cybersecurity teams to improve
their security posture. These Services include:
- Ask-an-Expert: IANS offers the "Ask-An-Expert" (AAE)
service, providing clients with unlimited access to seasoned cybersecurity
professionals for guidance on various topics.
- Ask IANS: Ask IANS is an AI Q&A service providing
trusted and reliable answers fueled by our proprietary database of IANS
Faculty expert advice.
- Client Portal: Contributed by expert IANS Faculty, the
Client Portal provides an extensive library of research, tools, and
templates that give client users step-by-step guidance on cybersecurity
best practices and recommendations.
- CISO Inquiry: The IANS CISO Inquiry Community is an
exclusive, invitation-only service that allows CISOs to gain insights and
perspectives from a private community of their peers.
- Executive Communication: IANS Ffaculty, cybersecurity
experts with a wide range of experience, help executives communicate
effectively about cybersecurity risks and strategies to their teams and
stakeholders.
- Tech Briefing: IANS provides briefings on the latest
cybersecurity threats and technologies. These briefings cover emerging
trends, vulnerabilities, and best practices to keep your organization
informed and prepared.
- Privacy Operations: IANS offers this service to provide
CISOs, Privacyprivacy, and Compliance compliance teams with clear,
practical guidance that avoids legal jargon and helps them manage privacy
operations effectively. This includes an operational privacy framework,
privacy toolkit, bi-monthly privacy briefings, regulation cheat sheets,
and privacy communication slides.
- Vendor Assessment Community: IANS offers unbiased,
practitioner-based insights from IANS Faculty and industry peers, covering
various aspects of the vendor management lifecycle.
4. Accessing the Sites and Services
IANS reserves the right to withdraw or amend these Sites, and any Services
or Materials (defined below) IANS provides on the Sites, at our sole
discretion and without notice. IANS will not be liable if, for any reason,
all or any part of the Sites is unavailable at any time or for any period.
From time to time, at our sole discretion and without notice, IANS may
restrict access to some parts of the Sites, or the entirety of the Sites, to
users, including registered users.
You are responsible for both:
- Making all arrangements necessary for you to have access to the Sites.
- Ensuring that all persons who access the Sites through your internet
connection are aware of these Terms and comply with them.
To access the Sites or certain of the resources it offers, you may be asked
to provide certain registration details or other information. It is a
condition of your use of the Sites that all the information you provide on
the Sites is correct, current and complete, and that you have the authority
to provide such information to us.
If you choose, or are provided with, a username, password or any other piece
of information as part of our security procedures, you must treat such
information as confidential, and you must not disclose it to any other
person or entity. You also acknowledge that your account is personal to you
and agree not to provide any other person with access to the Sites or
portions of it using your username, password or other security information.
You shall bear the entire risk for any use thereof, whether you have
authorized such use and whether or not you are negligent. If you permit
other persons to use your computer or mobile device, login information or
any other means to access the Services, you will be held responsible for any
actions or transactions they undertake, and IANS will not be liable for any
damages resulting to you.
You agree to notify IANS immediately of any unauthorized access to or use of
your username or password or any other breach of security. You also agree to
ensure that you sign out of or exit from your account at the end of each
session. You should use particular caution when accessing your account from
a public or shared computer so that others are not able to view or record
your password or other personal information.
IANS has the right to disable any username, password or other identifier,
whether chosen by you or provided by us, at any time at our sole discretion
for any reason, including if, in our opinion, you have violated any
provision of these Terms.
5. Proprietary Rights and Your Use of the Sites
Unless otherwise specified in these Terms, all information and screens
appearing on the Sites are the sole property of IANS or its subsidiaries and
affiliates, and other parties. IANS provides content through the Sites that
is copyrighted or contains protectable trademarks of IANS or its third-party
licensors and suppliers (collectively, the “Materials”). Materials may
include documents, services, software, site design, text, graphics, logos,
video, images, icons, AI-generated responses and answers, and other content,
as well as the arrangement thereof.
Subject to these Terms, IANS hereby grants Licensee (the corporate entity
that has entered into a licensing agreement with IANS) a revocable, limited,
corporate, non-exclusive and non-transferable license. This license permits
authorized users to use, view, print, display and download the Materials
solely for Licensee's internal business purposes on computers or mobile
devices owned or controlled by Licensee or its authorized users in
furtherance of such internal business purposes. This license is granted for
the use of the sites and the materials solely for Licensee's internal
operational and informational requirements and not for re-use in products or
services being sold by the Licensee, and not for the personal use of any
individual.
Except for the foregoing license and as otherwise required or limited by
applicable law, you have no other rights on the Sites or any Materials. You
may not modify, edit, copy, reproduce, create derivative works of, reverse
engineer, alter, enhance, feed into any form of public or private AI
language models, or in any way exploit any of the Sites or Materials in any
manner or for any purpose that would constitute infringement of our, our
licensors’ or the Sites’ other users’ intellectual property rights.
Citations to IANS’ Materials must be presented verbatim, be limited in scope
and include proper attribution. All rights not expressly granted herein are
reserved.
If you breach any of these Terms, the above license will terminate
automatically, and you must immediately destroy any downloaded or printed
Materials.
6. Your Communications to the Sites
By forwarding any content or communications to IANS through the Sites or by
other electronic means, you thereby grant IANS a perpetual, royalty-free,
fully paid-up, worldwide, irrevocable, non-exclusive, freely transferable
and freely sublicensable license to use, reproduce, modify, adapt, publish,
translate, create derivative works from, redistribute and display such
content and communications in any form for the purposes of providing the
Services and any purpose tangentially related to the Services. No
compensation will be paid to you with respect to our or our sublicensees’
use of your communications. By providing or submitting content, you
represent and warrant that you own or otherwise control all the rights to
your submitted content and communications as described in this section,
including all the rights necessary for you to submit the content and
communications and grant the license above.
7. Electronic Communications
By using the Sites and/or the Services, you consent to receiving electronic
communications, including electronic notices, from IANS. These electronic
communications may include notices about applicable fees and charges,
transactional information and other information concerning or related to the
Sites and/or Materials. These electronic communications are part of your
relationship with us. You agree that any notices, agreements, disclosures or
other communications IANS sends you electronically will satisfy any legal
communication requirements, including that such communications be in
writing.
8. Permitted and Prohibited Uses
When using the IANS Sites or Services, you agree that:
- Your use of the Sites is subject to and governed by these Terms;
- You will only access or use the Sites and transact business with IANS if
you are at least eighteen (18) years old;
- You will use the Sites solely for its Services offered in the normal
course of business;
- You will comply with and be bound by these Terms as they appear on the
Sites each time you access and use the Site;
- You will always act in accordance with all applicable laws, regulations
and customs, and in good faith;
- Each use of the Sites by you indicates and confirms your agreement to be
bound by these Terms;
- These Terms are a legally binding agreement between you and IANS that will
be enforceable against you;
- You may not systematically or programmatically download, store, archive,
reproduce, republish, modify, create derivative works from, distribute,
publicly perform or display, or otherwise exploit any portion of the
content for the purpose of building, directly or indirectly, a collection,
compilation, library, database or directory of IANS’ content, products or
service deliverables—whether for internal use, resale, competitive
analysis or any other purpose not expressly authorized in writing by IANS;
- You will provide accurate and complete information when creating an
account and using our Services;
- You will use the Sites and Services in a responsible and ethical manner,
respecting the rights of other users and third parties;
- You will keep your account information confidential and secure, including
your username, password and any other access credentials;
- You will use the Client Portal responsibly to access resources,
communicate with IANS staff and manage your account;
- You will use "My Products" to access and manage the Services and resources
you have purchased or subscribed to; and
- You will manage your account settings, including contact information,
preferences and notification settings, through the "Account Settings"
feature;
You further agree to not use the Sites in any way that:
- Violates the rights of others, including but not limited to intellectual
property rights, privacy rights and contractual rights;
- Interferes with the operation of our Sites or Services, including attempts
to disrupt, disable or impair any other person’s access to and use of our
Sites, platforms or systems;
- Changes or alters the Sites or content or Services that may appear on the
Sites;
- Interferes with or induces a breach of the contractual relationships
between IANS and its employees;
- Is in any way unlawful or prohibited, or that is harmful or destructive to
anyone or their property;
- Transmits any advertisements, solicitations, schemes, spam, flooding or
other unsolicited email and commercial communications;
- Transmits any harmful or disabling computer codes or viruses;
- Harvests email addresses from the Sites;
- Transmits unsolicited email to the Sites or to anyone whose email address
includes the domain name of the Sites;
- Interferes with our network services;
- Attempts to gain unauthorized access to our network services;
- Suggests an express or implied affiliation or relationship with IANS
without its express written permission;
- Unlawfully impersonates or otherwise misrepresents your affiliation with
any person or entity;
- Transmits or uploads violent, obscene, sexually explicit, discriminatory,
hateful, threatening, abusive, defamatory, offensive, harassing or
otherwise objectionable content or images;
- Dilutes or depreciates IANS’ or any of our affiliates’ name and
reputation;
- Transmits or uploads content or images that infringe upon any third
party’s intellectual property rights or right to privacy; or
- Unlawfully transmits or uploads any confidential, proprietary or trade
secret information.
9. Reliance on Information Posted
The information presented on or through the Sites is made available solely
for general information purposes. The information provided does not
constitute legal advice or counsel. IANS does not warrant the accuracy,
completeness or usefulness of this information. Any reliance you place on
such information is strictly at your own risk. IANS disclaims all liability
and responsibility arising from any reliance placed on such materials by you
or any other visitor to the Sites, or by anyone who may be informed of any
of its contents.
Content on the Sites may originate from various sources. This includes
material developed by IANS' internal AI systems, as well as contributions
from third parties. Third-party content can encompass materials provided by
other users, bloggers and third-party licensors, syndicators, aggregators
and/or reporting services. All statements and/or opinions expressed in these
materials, and all articles and responses to questions and other content,
other than the content provided by IANS, are solely the opinions and the
responsibility of the person or entity providing those materials. These
materials do not necessarily reflect our opinion. IANS is not responsible or
liable to you or any third party for the content or accuracy of any
materials provided by any third party.
- Client Portal Content and Ask-an-Expert: Many views or opinions
presented in these documents or formats are those of the Faculty and do
not necessarily represent the views and opinions of IANS. Although
reasonable efforts will be made to ensure the completeness and accuracy of
the information contained in our written reports, no liability is accepted
by IANS or our Faculty for the results of any actions taken by you in
connection with such information, opinions or advice.
- Vendor Assessment Community (VAC) Case Studies: Any views or
opinions presented in these documents are solely those of the interviewed
customer at the time of the interview and do not necessarily represent the
views and opinions of IANS. No liability is accepted by IANS or our
Faculty for the results of any actions taken by you in connection with
such information, opinions or advice.
- CISO Inquiry: Any views or opinions presented in this document are
solely those of the CISO Inquiry Community participants and do not
necessarily represent the views and opinions of IANS. Although reasonable
efforts will be made to ensure the completeness and accuracy of the
information contained here, no liability is accepted by IANS for the
results of any actions taken by you in connection with this information,
opinions or advice. IANS is not responsible for any reliance on the
content. These documents are for your internal use only.
10. Third-Party Links
These Sites may link to other websites that are not controlled or operated
by IANS (collectively, “Third-Party Sites”). Certain areas of the Sites may
allow you to interact and/or conduct transactions with such Third-Party
Sites, and, if applicable, allow you to configure your privacy settings in
your Third-Party Site account to permit your activities on these Sites to be
shared with your contacts in your Third-Party Site account and, in certain
situations, you may be transferred to a Third-Party Site through a link but
it may appear that you are still on this Site. In any case, you acknowledge
and agree that the Third-Party Sites may have different privacy policies and
terms and conditions and/or user guides and business practices than IANS,
and you further acknowledge and agree that your use of such Third-Party
Sites is governed by the respective Third-Party Site privacy policy and
terms and conditions and/or user guides. IANS provides links to the
Third-Party Sites to you as a convenience, and IANS does not verify, make
any representations or take responsibility for such Third-Party Sites,
including the truthfulness, accuracy, quality or completeness of the
content, services, links displayed and/or any other activities conducted on
or through such Third-Party Sites. YOU AGREE THAT IANS WILL NOT, UNDER ANY
CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY
GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR
THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS,
OR FOR ANY HARM RELATED THERETO, OR ANY DAMAGES OR LOSSES CAUSED OR ALLEGED
TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR
BUSINESS PRACTICES OF ANY THIRD PARTY. Any reference on the Sites to any
product, service, publication, institution or organization of any
third-party entity or individual does not constitute or imply our
endorsement or recommendation.
11. Linking to the Sites and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and
legal and does not damage our reputation or take advantage of it, but you
must not establish a link in such a way as to suggest any form of
association, approval or endorsement on our part without our express written
consent.
The Sites may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on
these Sites.
- Send emails or other communications with certain content, or links to
certain content, on these Sites.
- Cause limited portions of content on the Sites to be displayed or appear
to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by IANS and otherwise
in accordance with any additional terms and conditions IANS provides with
respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website not owned by you.
- Cause the Sites or portions of them to be displayed on, or appear to be
displayed by, any other site, for example, framing, deep linking or inline
linking.
- Otherwise take any action with respect to the materials on the Sites that
is inconsistent with any other provision of these Terms.
The websites from which you are linking, or on which you make certain
content accessible, must comply in all respects with these Terms. You agree
to cooperate with IANS to stop any unauthorized framing or linking
immediately. IANS reserves the right to withdraw linking permission without
notice. IANS may disable all or any social media features and any links at
any time in our sole discretion and without notice.
12. Copyright Complaints
IANS respects the intellectual property of others. If you believe your work
has been copied in a way that constitutes copyright infringement, please
contact IANS as provided in the Contact Information section.
13. Federal and State Laws
The Sites and their services are operated from the U.S. and governed by U.S.
federal, state and local laws. While the Sites are accessible to users
outside the U.S., IANS does not represent that our content is appropriate or
available for use in other jurisdictions. Users outside the U.S. access and
use the Sites at their own initiative and are responsible for complying with
all applicable local laws and regulations in their respective countries. By
using the Sites, you agree to comply with all relevant laws, including those
of the U.S. and your own jurisdiction.
14. Minimum Age
IANS does not allow persons under the age of eighteen (18) to use the Sites.
By using the Sites, you represent and warrant that you are eighteen (18)
years of age or over.
15. Disclaimer of Warranties
Your use of the Sites is at your own risk. The Materials have not been
verified or authenticated in whole or in part by us, and they may include
inaccuracies or typographical or other errors. IANS does not warrant the
accuracy or timeliness of the Materials contained on these Sites. IANS has
no liability for any errors or omissions in the Materials, whether provided
by IANS, our licensors or suppliers or other users. TO THE FULLEST EXTENT
PROVIDED BY LAW AND EXCEPT AS OTHERWISE PROVIDED HEREIN OR ON THE SITES, THE
INFORMATION AND SERVICES OFFERED ON OR THROUGH THE SITES AND ANY REFERENCED
THIRD-PARTY SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED. ANY THIRD-PARTY GOODS OR SERVICES PROVIDED ARE
SUPPLIED AS A CONVENIENCE TO YOU AND DO NOT CONSTITUTE SPONSORSHIP,
AFFILIATION, PARTNERSHIP OR ENDORSEMENT. TO THE FULLEST EXTENT ALLOWED BY
LAW, IANS DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING THE
IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
AND NON-INFRINGEMENT.
TO THE FULLEST EXTENT ALLOWED BY LAW, IANS DOES NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITES,
THE MATERIALS, ANY CONTENT OR OTHER POSTED MATERIALS ON THE SITES IN TERMS
OF ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
BY PROVIDING THE SERVICES ON THE SITES, IANS DOES NOT IN ANY WAY PROMISE
THAT THE SERVICES WILL REMAIN AVAILABLE TO YOU. IANS IS ENTITLED TO
TERMINATE ALL OR PART OF ANY OF THE SITES AT ANY TIME, AT OUR SOLE
DISCRETION WITHOUT NOTICE TO YOU.
16. Limitation of Liability
IANS CANNOT GUARANTEE THE SITES WILL BE AVAILABLE ONE HUNDRED PERCENT (100%)
OF THE TIME BECAUSE PUBLIC NETWORKS, SUCH AS THE INTERNET, OCCASIONALLY
EXPERIENCE DISRUPTIONS. ALTHOUGH IANS STRIVES TO PROVIDE THE MOST RELIABLE
WEBSITES REASONABLY POSSIBLE, INTERRUPTIONS AND DELAYS IN ACCESSING THE
SITES ARE UNAVOIDABLE AND IANS DISCLAIMS ANY LIABILITY FOR DAMAGES RESULTING
FROM SUCH PROBLEMS.
NOTWITHSTANDING THE FOREGOING, OUR LIABILITY AND THE LIABILITY OF OUR
AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES AND THIRD-PARTY SERVICE
PROVIDERS WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE
SITES, THE MATERIALS AND ANY CONTENT OR SERVICES OBTAINED THROUGH THE SITES,
WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, SHALL NOT EXCEED, IN THE AGGREGATE, FIFTY DOLLARS ($50).
IN NO EVENT WILL IANS BE LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF
THE SITES, OR ON ANY OTHER HYPERLINKED WEBSITES, INCLUDING, WITHOUT
LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR
OTHER DATA OR OTHERWISE, EVEN IF IANS IS EXPRESSLY ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
17. Indemnification
You agree to indemnify, defend and hold harmless IANS and, to the extent
applicable, our subsidiaries and affiliates, and each of their and our
respective directors, officers, shareholders, employees, agents,
representatives, clients, contractors and third-party service providers, for
any and all losses, claims, demands, actions, liability, fines, penalties
and expenses (including reasonable legal fees) that may arise from any of
your acts through the use of the Sites. Such acts may include: (a) providing
content to or communicating with IANS or, to the extent applicable, our
subsidiaries or affiliates; (b) unauthorized use of material obtained
through the Sites; (c) engaging in a prohibited activity; or (d) any other
action that breaches these Terms. IANS reserves the right to assume the
exclusive defense and control of any matter otherwise subject to
indemnification by you, which shall not excuse your indemnity obligations.
18. Injunctive Relief
You acknowledge that IANS may be irreparably damaged if these Terms are not
specifically enforced, and damages at law would be an inadequate remedy.
Therefore, in the event of a breach or threatened breach of any provision of
these Terms by you, IANS shall be entitled, without prejudice to any other
rights and remedies that may be sought under the mandatory arbitration
provision of these Terms, to an injunction restraining such breach or
threatened breach, without being required to show any actual damage or to
post an injunction bond, and/or to a decree for specific performance of the
provisions of these Terms. For the purposes of this Section, you agree that
any action or proceeding with regard to such injunction restraining such
breach or threatened breach shall be brought in the state or federal courts
located in Massachusetts. You consent to the jurisdiction of such court and
waive any objection to the laying of venue of any such action or proceeding
in such court. You agree that service of any court paper may be affected on
such party by mail or in such other manner as may be provided under
applicable laws, rules of procedure or local rules.
19. Mandatory Arbitration and Class Action and Jury Trial Waiver
Most concerns can be resolved quickly and to your satisfaction by contacting
IANS as set forth in the “Contact Information” section below.
In the event that IANS is not able to resolve a dispute, and with the
exception of the claims for injunctive relief by IANS as described above and
to the extent allowed by law, you hereby agree that either you or IANS may
require any dispute, claim or cause of action (“Claim”) between you and IANS
or any third parties arising out of use of the Sites, the Services and any
other actions with IANS (whether based in contract, tort, statute, fraud,
misrepresentation or any other legal theory) to be arbitrated on an
individual (non-class) basis. Claims also include, except as otherwise
provided herein, disputes related to the coverage, applicability,
arbitrability, enforceability, formation, scope or validity of these Terms,
including this Arbitration provision, all of which shall be subject to the
sole power of the arbitrator as described herein. Notwithstanding anything
else herein, the enforceability of the Class Action Waiver shall be
determined by a court. In addition, both parties retain the right to seek
relief in a small claims court (or a state court equivalent) for a Claim
within the scope of its jurisdiction so long as the small claims action does
not seek to certify a class, combine the claims of multiple persons, recover
damages in excess of the limit for a small claim under applicable state law
or is not transferred, removed or appealed from small claims court to any
different court. Additionally, if you are a California resident, you retain
the right to obtain public injunctive relief from any court with proper
jurisdiction.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION
AWARD IS VERY LIMITED. ADDITIONALLY, ANY ARBITRATION OF A CLAIM WILL BE ON
AN INDIVIDUAL BASIS, AND, THEREFORE, YOU UNDERSTAND AND AGREE THAT YOU ARE
WAIVING THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER
IN A CLASS ACTION LAWSUIT. AS PART OF THIS WAIVER, YOU AGREE THAT YOU WAIVE
THE RIGHT TO ACT AS A PRIVATE ATTORNEY GENERAL IN AN ARBITRATION; THAT
EXCEPT AS OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT, CLAIMS BROUGHT
BY OR AGAINST YOU MAY NOT BE JOINED OR CONSOLIDATED WITH CLAIMS BROUGHT BY
OR AGAINST ANY OTHER PERSON; AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO
CONDUCT A CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ARBITRATION OR
MULTIPLE-PARTY ARBITRATION.
You and IANS agree that your use of the Services involves interstate
commerce, and that this arbitration agreement shall be interpreted and
enforced in accordance with the Federal Arbitration Act (FAA) set forth in
Title 9 of the U.S. Code to the fullest extent possible, notwithstanding any
state law to the contrary, regardless of the origin or nature of the Claims
at issue. The arbitrator must follow, to the extent applicable: (a) the
substantive law of the state in which IANS entered into the transaction
giving rise to this arbitration agreement; (b) the applicable statutes of
limitations; and (c) claims of privilege recognized by law. The arbitrator
will not be bound by federal, state or local rules of procedure and evidence
or by state or local laws concerning arbitration proceedings.
If either you or IANS elect to arbitrate a Claim, the dispute shall be
resolved by binding arbitration administered under the applicable rules of
the American Arbitration Association (“AAA”). Either you or IANS may elect
to resolve a particular Claim through arbitration, even if the other party
has already initiated litigation in court related to the Claim, by: (a)
making written demand for arbitration upon the other party, (b) initiating
arbitration against the other party, or (c) filing a motion to compel
arbitration in court.
If this is a consumer-purpose transaction, the applicable rules will be the
AAA’s Consumer Arbitration Rules. The applicable AAA rules and other
information about arbitrating a claim under AAA, including how to submit a
dispute to arbitration, may be obtained by visiting its website at
https://www.adr.org/ or by calling 1-800-778-7879. If AAA will not serve as
the administrator of the arbitration, and you and IANS cannot then agree
upon a substitute arbitrator, you and IANS shall request that a court with
proper jurisdiction appoint an arbitrator. However, IANS will abide by the
applicable AAA rules regardless of the forum. Arbitration shall be conducted
in the county and state where you accepted these Terms, where you reside or
another reasonably convenient place to you as determined by the arbitrator,
unless applicable laws require another location. Judgment on the award
rendered by the arbitrator may be entered in any court having jurisdiction
thereof. Except as provided in applicable statutes, the arbitrator’s award
is not subject to review by the court, and it cannot be appealed. The
parties will have the option to request and receive a statement of reasons
for the arbitration award.
If you elect to file the arbitration, and this is a consumer-purpose
transaction, you will pay the filing fee to the extent required by AAA’s
Consumer Arbitration Rules but not to exceed the cost of filing a lawsuit.
Any amount above what it would cost you to file a lawsuit, IANS will pay.
All other arbitration fees and expenses shall be allocated to IANS according
to AAA rules. Except for the arbitration fees and expenses, each party shall
pay its own costs and fees incurred (including attorneys’ fees), unless the
arbitrator allocates them differently in accordance with applicable law.
This paragraph applies only if this is a consumer-purpose transaction.
Additional Procedures for Mass Arbitration. If twenty-five (25) or
more similar Claims (including yours) are asserted against IANS by the same
or coordinated counsel or are otherwise coordinated (“Mass Arbitration”),
you and IANS agree that these Additional Procedures for Mass Arbitration (in
addition to the other provisions of this arbitration agreement) shall apply.
YOU AGREE TO THIS PROCESS EVEN THOUGH RESOLUTION OF YOUR CLAIM MAY BE
DELAYED AND ULTIMATELY PROCEED IN COURT. The parties agree that as part of
these procedures, their counsel shall meet and confer in good faith in an
effort to resolve the Claims, streamline procedures, address the exchange of
information, modify the number of Claims to be adjudicated, and conserve the
parties’ and the AAA’s resources. If your Claim is part of a Mass
Arbitration, any applicable limitation periods (including statutes of
limitations) shall be tolled for your Claim from the time that your Claim is
first submitted to the AAA until your Claim is selected to proceed as part
of a staged process or is settled, withdrawn, otherwise resolved or opted
out of arbitration pursuant to this provision.
Stage One: In Stage One, if at least fifty (50) Claims are submitted as part
of the Mass Arbitration, claimants’ counsel and IANS will each select an
equal number of Claims to be filed in arbitration and resolved individually
by different arbitrators. For example, claimant and IANS will each select 25
Claims (50 Claims total). The number of Claims to be selected to proceed in
Stage One can be modified by agreement of counsel for the parties provided
that, if there are fewer than 50 Claims, all shall proceed individually in
Stage One. The remaining Claims shall not be filed or deemed filed in
arbitration, nor shall any arbitration fees be assessed or collected in
connection with those claims. If a case is withdrawn before the issuance of
an arbitration award, another Claim shall be selected to proceed as part of
the first stage. After this initial set of proceedings, the parties must
engage in a single mediation of all remaining Claims, and IANS will pay the
mediation fee.
Stage Two: If the parties cannot agree how to resolve the remaining Claims
(if any) after mediation, claimants’ counsel and IANS will each select an
equal number of Claims per side—not to exceed 50 Claims total—to be filed
and to proceed as cases in individual arbitrations as part of Stage Two. The
number of Claims to be selected to proceed as part of Stage Two can be
modified by agreement of counsel for the parties provided that if there are
fewer than 50 Claims remaining, all shall proceed individually in Stage Two.
The remaining Claims shall not be filed or deemed filed in arbitration, nor
shall any arbitration fees be assessed or collected in connection with those
claims. If a case is withdrawn before the issuance of an arbitration award,
another Claim shall be selected to proceed as part of the second stage.
After Stage Two is completed, the parties must engage in a single mediation
of all remaining Claims, and IANS will pay the mediation fee.
Upon the completion of the mediation in Stage Two, each remaining Claim (if
any) that is not settled or not withdrawn shall be opted out of arbitration
and may proceed in a court of competent jurisdiction consistent with the
remainder of these Terms. Notwithstanding the foregoing, counsel for the
parties may mutually agree in writing to proceed with the adjudication of
some or all of the remaining Claims in individual arbitrations consistent
with the process set forth in Stage Two (except Claims shall be randomly
selected and mediation shall be elective by agreement of counsel) or through
another mutually agreeable process. A court of competent jurisdiction shall
have the authority to enforce the Procedures for Mass Arbitration, including
the power to enjoin the filing or prosecution of arbitration and the
assessment or collection of arbitration fees. The Procedures for Mass
Arbitration and each of its requirements are essential parts of this
arbitration agreement. If, after exhaustion of all appeals, a court of
competent jurisdiction decides that the Procedures for Mass Arbitration
apply to your Claim and are not enforceable, then your Claim shall not
proceed in arbitration and shall only proceed in a court of competent
jurisdiction consistent with the remainder of these Terms.
Notwithstanding anything to the contrary in these Terms, and except as
otherwise set forth in this paragraph, the agreement to arbitration may be
amended by IANS only upon advance notice to you. If IANS makes any amendment
to this agreement to arbitration (other than renumbering the agreement to
align with any other amendment to the Terms) in the future, that amendment
shall not apply to any claim that was filed in a legal proceeding or action
against IANS prior to the effective date of the amendment. The amendment
shall apply to all other Claims governed by this agreement to arbitration
that have arisen or may arise between you and IANS. However, IANS may amend
this agreement to arbitration and not provide you with notice; in that case,
the amendments will not apply to you and the agreement to arbitration
contained in these Terms to which you agreed will continue to apply to you
and IANS as if no amendments were made.
If any part of this arbitration provision is invalid, all other parts of it
remain valid. However, if the class action limitation is invalid, then this
arbitration provision is invalid in its entirety, provided that the
remaining Terms shall remain in full force and effect. This arbitration
provision will survive the termination of your use of the Sites, the
Services and any other actions with IANS.
YOU MAY REJECT THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS OF
ACCEPTING THE TERMS BY EMAILING IANS AT
PRIVACY@IANSRESEARCH.COM AND INCLUDING IN THE
SUBJECT LINE “REJECTION OF ARBITRATION PROVISION.”
20. Other Terms
Merger
These Terms (which hereby incorporate by reference any other provisions
applicable to the use of the Sites) constitute the entire agreement between
you and IANS and they supersede all prior or contemporaneous communications,
promises and proposals, whether oral, written or electronic, between you and
IANS with respect to the Sites and information, software, products and
services associated with it.
Governing Law and Venue
These Terms shall be governed by and construed in accordance with the laws
of Massachusetts, excluding its conflicts of law rules, and the U.S. Except
as set forth in the agreement to arbitration and without waiving it, you
agree that any dispute arising from or relating to the subject matter of
these Terms (including but not limited to if you opt out of the agreement to
arbitration) shall be governed by the exclusive jurisdiction and venue of
the state and federal courts of Boston, Mass., except where the jurisdiction
and venue are mandated by applicable assignment.
Assignment
You may not assign, delegate or transfer these Terms or your rights or
obligations hereunder, in any way (by operation of law or otherwise) without
our prior written consent. IANS may freely assign our obligations and rights
under these Terms, including all personal information in our possession that
IANS has collected during your use of the Sites as further described in our
Privacy Policy.
No Waiver
No failure, omission or delay on the part of IANS in exercising any right
under these Terms will preclude any other further exercise of that right or
other right under these Terms.
Severability
If any provision of these Terms is held to be void, against public policy,
invalid, or unenforceable by a court of competent jurisdiction and such
finding or order becomes final with all appeals exhausted, then such
provision shall be deemed modified to the extent necessary to make it valid
and enforceable. If the offending provision cannot be so modified, then the
same shall be struck from these Terms in its entirety and the remaining
provisions of these Terms shall remain in full force and effect.
Headings
The provision of section headings is for convenience of reference only and
shall not affect the interpretation of these Terms.
Typographical Errors
Information on the Sites may contain technical inaccuracies or typographical
errors. IANS attempts to make the Sites’ postings as accurate as possible,
but IANS does not warrant the content of the Sites is accurate, complete,
reliable, current, or error-free.
Amendments
IANS reserves the right to amend these Terms at any time by posting the
amended terms on our websites. Your continued use of the Sites or Services
after any such amendments constitutes your acceptance of the amended terms.
21. Conclusion
These Terms outline the terms governing your use of the IANS Sites and
Services. By accessing or using our Sites or Services, you agree to these
Terms, including limitations of liability, intellectual property protection,
and dispute resolution provisions. It is your responsibility to understand
and comply with these Terms. If you do not agree with any part of these
Terms, you should not use our Sites or Services.
22. Contact Information
If you have any questions about these Terms, please contact IANS at:
IANS
2 Center Plaza, Suite 500
Boston, MA 02108
privacy@iansresearch.com