Erbium - Terms of Use

This Terms of Use is entered into between you and Effective Registration Inc., a Canadian corporation, with a registered and records office address at 810 - 1111 Melville Street, Vancouver, BC, V6E 3V6 CANADA, ("Effective Registration") and applies to the Effective Registration online registration services on which it is placed, including but not limited to http://www.effectiveregistration.com and http://erbium.com including subdomains (collectively, the "Service").

Use of the Service is governed by these Terms of Use and a Privacy Policy (collectively, the "Agreement") detailing how Effective Registration collects, uses and discloses your information. You must agree to this Terms of Use and Privacy Policy in order to use the Service.

What type of User Are You?

The following classification of users interact with Effective Registration:

ORGANIZERS - Organizers are individual users that are employees or associates of customers of Effective Registration using the service to manage events.
REGISTRANT - Registrants are individuals that use the Service in order provide information to Organizers.
VISITOR - Visitors are individuals that interact with our websites, participate in online demonstrations or webinars, or other online marketing activities.

By clicking "I Agree" or by using the Service, you agree to be bound by the Terms of Use. If using the Service on behalf of an organization, you represent that you are authorized to bind the organization to this Terms of Use and Privacy Policy and are agreeing on behalf of that organization. Where you are using the Service on behalf of an organization, "you" refers to that organization.

Updates to Terms of Use
1. Effective Registration reserves the right, in its sole discretion, to modify the Terms of Use at any time ("Updates") and shall make reasonable attempts to notify you of Updates by email, if you provided an email address, or by online notices, and also make Updates available at http://www.erbium.com. You are deemed to accept any Update by continuing to use the Service. Unless Effective Registration states otherwise, Updates are automatically effective 30 days after posting on http://www.erbium.com.
2. We may translate this Agreement or any other operating rules, policies and procedures into other languages for your convenience but the English language version of each of these documents is the controlling version.
Disagreement with Terms of Use or Privacy Policy
1. The Services are offered subject to your acceptance, without modification, of all of the terms and conditions contained in this Agreement.
2. If at any time you disagree with the then-current Terms of Use or Privacy Policy, you must immediately stop use of the Service and notify Effective Registration of your intention to terminate by emailing legal@effectiveregistration.com.
Service Description
1. The Service provides online tools for purpose of managing registration for event, meetings, conferences, workshops, webinars and gatherings (collectively referred to as "Events"), as well as surveys and requests for proposals and additional functionality, as further described on erbium.com (collectively, "Features"). The Service and Features are subject to change at any time, at Effective Registration's sole discretion, without notice or compensation.
Service Subscription
1. Effective Registration grants you a non-exclusive, non-sublicensable, non-assignable, revocable, limited subscription to access the Service through one or more registered account (each, an "Account") and use the Features associated with your Account as permitted by the terms of your subscription (collectively, the "Subscription"). You acknowledge that the Agreement does not convey title or ownership interest in, or constitutes the sale of any right to, the Service, Subscription or Account.
Fees
1. Depending upon the type of Account, Effective Registration may charge Organizers a periodic subscription fee ("Subscription Fee"), and/or fees which vary based upon the number of accounts, users, features subscribed for, registrants, or time and materials (collectively, "Fees").
2. Organizers paying Subscription Fees shall provide Effective Registration with a valid credit card to be charged for Subscription Fees during such period, which shall be billed and charged automatically by Effective Registration and third parties authorized on our behalf.
3. Notwithstanding Section v (ii), at our sole discretion, we may accept other forms of payment of Subscription Fees.
4. Subscription Fees are pre-paid and non-refundable. Effective Registration shall charge, and continue to charge, such credit card (or any replacement card) during the Term, unless the Subscription is terminated prior to renewal by submitting a cancellation request to Effective Registration at support@erbium.com or through the Service ("Service Cancellation").
5. You agree to pay the Fees properly charged by us for Services as specified in subscription agreements, invoices, contracts or statements of work within the time period specified therein.
6. You agree to pay all applicable sales, value added and like taxes or charges imposed by federal, state, provincial or local government entity for products or services.
7. Overdue accounts will bear interest at the rate of (2%) per month simple interest (24% annually)
Suspension and Termination
1. Effective Registration may suspend or terminate your access to the Service at any time for any reason (or for no reason) including, but not limited to, your violation of the Agreement, as determined in its sole discretion. Whether a suspension will be lifted is at the sole discretion of Effective Registration.
2. Upon termination by Effective Registration or by you for reason of disagreement with the Terms of Use or Privacy Policy, you acknowledge and agree that Effective Registration shall immediately cease providing access to the Service. Notwithstanding data retention policies, Effective Registration may also choose, in its sole discretion, to delete all information, including Content and Registrant Data, associated with a terminated Account at any time. You acknowledge and agree that you are not entitled to a refund or other compensation of any kind as a result of suspension, termination or Service Cancellation and that Effective Registration shall not be liable to you or any third party for any related loss or damages.
3. Upon termination of this Agreement you agree to immediately pay all outstanding accounts accruing or due as of the date of termination.
Access
1. Access to the Service requires hardware including, but not limited to, a computer or mobile device and an Internet connection. You agree to provide all hardware and the Internet connection required to use the Service and shall be responsible for any fees incurred when accessing the Service through an Internet connection.
Account Login Information
1. Each Account is accessed by a username and password set by you or a primary Account holder, or by way of single sign-on through permitted Third Party Services ("Login Information"). You are solely responsible for keeping Login Information confidential and agree to be bound by any use of Login Information, including any purchases, whether or not you authorized such use of Login Information. If you become aware, or reasonably suspect, unauthorized use of your Account, you must immediately change the password that is part of Login Information. Any questions concerning unauthorized use of an Account may be emailed to Effective Registration at support@erbium.com.
2. You agree that sharing username and passwords, impersonating another user or otherwise avoiding Fees constitutes a violation of this Agreement and may be subject to immediate suspension and/or termination of the Service
Account Ownership
1. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO OWNERSHIP OR ANY OTHER PROPERTY INTEREST IN THE SERVICE AND FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE SERVICES ARE AND SHALL BE FOREVER OWNED BY AND INURE TO THE BENEFIT OF EFFECTIVE REGISTRATION, EXCLUDING CONTENT AND REGISTRANT DATA.
Restrictions on Service Use
1. You understand that you are liable for all content, in whatever form, that you provide or otherwise make available to or through the Services.
2. You agree that you will not use the Service in the following manner:
  1. engage in conduct that Effective Registration determines, in its sole discretion, to constitute improper use of the Service;
  2. decompile, disassemble or reverse engineer the Service or otherwise attempt to derive the Service source code;
  3. except as expressly permitted by Effective Registration, reproduce, rearrange, modify, translate, create derivative works from, display, perform, publish, distribute, sell, rent, lease or sub-license the Service or access thereto;
  4. knowingly exploit a flaw or bug in the Service;
  5. disrupt, interfere, break, attempt or otherwise assist with the disruption of the functionality of the Service, or any device used to support the Service, or experience of another user;
  6. violate, intentionally or unintentionally, any applicable law or regulation;
  7. engage in, promote or encourage illegal activity;
  8. use the Services for spamming, other advertising, other bulk message transmission or other similar activity that is objectionable to us in our sole discretion;
  9. engage in abusive, defamatory, libelous, threatening or any other conduct that is objectionable or offensive or use profanity;
  10. upload or transmit, or permit to be uploaded or transmitted, to the Site anything that is harmful, disruptive or destructive of data or files;
  11. communicate, link to, post, submit or upload content that contains nudity or other sexual material, violence or any other objectionable or offensive conduct;
  12. infringe or violate the rights of a third party including but not limited to: (i) contractual rights; (ii) copyright, patent, trademark or trade secret rights; (iii) privacy rights; (iv) publicity rights; or (v) confidential information;
  13. collect or attempt to obtain other users' information;
  14. impersonate another person, user, account holder or an employee of Effective Registration.
  15. engage in the distribution, promotion or transmission of information that may be considered harmful, inaccurate, misleading or false.
  16. contravene PCI standards and guidelines including, but not limited to, those described in Section xx of the Terms of Use.
Content
1. As part of the Service, you may submit or provide Effective Registration with:
  1. information necessary to provision a registration experience within the Service ("Content"); or
  2. information that you provide to Effective Registration or post to the Service, such as through emails to Effective Registration or comments you post on our blog, and that may include, but are not limited to, feedback and ideas ("Submissions").
2. By providing Content and Submissions, you represent and warrant that you have all consents, licenses and rights necessary to license Content and Submissions to Effective Registration and you hereby grant to Effective Registration the following licenses:
  1. a limited, fully-paid, royalty-free, non-exclusive, sub-licensable, worldwide license to Content for the limited purposes of providing the Service to you, such as hosting, displaying, copying and transmitting Content on or through the Service, and for such purposes as outlined in the Privacy Policy; and
  2. an irrevocable, fully-paid, royalty-free, non-exclusive, perpetual, worldwide license to Submissions under all copyright, trademark, trade secret, patent, privacy and publicity rights and any other intellectual or industrial property rights you own or control to use, broadcast, disclose, display, distribute, modify, make derivative works of, publicly perform, publish, record, reproduce, sublicense (on multiple levels), translate, transmit or otherwise exploit for all purposes and in all formats and mediums and for all purposes without attribution, notice, permission, royalty or payment to you or any third party.
Data
1. As part of the Service, Organizers or Registrants may provide personal data (including, but not limited to, names, addresses, email addresses, telephone numbers, responses to questions, workshop selections etc.) to be stored within our databases and to which we make no claim of ownership ("Registrant Data").
  1. Where applicable these Terms of Use are enhanced by our Data Processing Addendum.
  2. If you are a Registrant, you grant us a non-exclusive, royalty-free, worldwide license to use and display your Registrant Data to employees of Effective Registration and authorized Organizers in connection with fulfilling our obligations under this Agreement.
  3. If you are a Registrant, you further agree that you will be sharing your Registrant Data with employees of Effective Registration and Organizers and you grant us a non-exclusive, royalty-free, worldwide right to sub-license to the employees of Effective Registration and Organizers the right to use your Registrant Data (which may include modifying it and sharing it with other persons) in accordance with this Agreement.
Third Party Services
1. The Service may allow you to integrate with third-party services that are not provided by Effective Registration but that enhance the overall functionality of the Service ("Third Party Services").
2. The Terms of Use does not grant you any license, right, title or interest in Third Party Services.
3. Use of Third Party Services may require you to enter into agreements with a third party. It is up to you to determine whether to agree to the terms of any Third Party Services agreement. Integration of Third Party Services is contingent upon third parties permitting Effective Registration to integrate the Service with their respective Third Party Services and such permission and/or integration may end at any time without notice.
4. EFFECTIVE REGISTRATION MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THIRD PARTY SERVICES OR THE CONTINUED AVAILABILITY OF THE SERVICE'S INTEGRATION WITH THIRD PARTY SERVICES. YOU AGREE THAT EFFECTIVE REGISTRATION WILL NOT BE LIABLE FOR ANY CLAIM, LOSS OR DAMAGE RELATING TO THIRD PARTY SERVICES.
Disclaimer
1. The Service is provided to you "as is" and Effective Registration disclaims all warranties and conditions, express, implied or statutory, including without limitation merchantability, fitness for a particular purpose and non-infringement of third party rights, to the extent permitted by law. without limiting the foregoing, Effective Registration makes no representations or warranties that The Service will meet YOUR requirements or that operation of THE SERVICE will be uninterrupted, continuously available, error free or will not harm computers or mobile devices or result in lost data. No oral advice or written information provided by Effective Registration, its subsidiaries, affiliates, officers, directors, employees, representatives or assigns, will create any warranty and you shall not rely exclusively upon such advice or information. you bear the entire risk as to the performance, operation and quality of the service, including risk of data failure.
2. Effective Registration is not responsible and shall have no liability for the content, products, services, actions or inactions of any Organizer, Registrant or other third party before, during and/or after an Event; and we will have no liability with respect to any warranty disclaimed in Section xiv (i) above.
3. You acknowledge that Effective Registration has no control over, and does not guarantee the quality, safety or legality of, Events advertised, the truth or accuracy of any Organizer's content or Registrant data, or the ability of any Organizer or Registrant to perform, or actually complete a transaction.
Limitation of Liability
1. Neither Party, nor, its subsidiaries, affiliates, officers, directors, employees, representatives and assigns shall be liable to the other Party for any loss or damage of any kind arising out of or relating to the Service or third party services including, without limitation, consequential, incidental or special damages, LOSS OF DATA, LOSS OF CONTENT, LOSS OF PROFITS, LOSS OF GOODWILL and ANY AND ALL OTHER tangible and intangible DAMAGES OR LOSSES, even if you or, as applicable, EFFECTIVE REGISTRATION has been advised of the possibility of such loss or damage. Note that some jurisdictions do not allow the disclaimer of certain terms or warranties or exclusion of liability for certain damages and, if any disclaimer or limitation of liability is found unenforceable, void or does not fully shield you or, as applicable, Effective Registration from liability, the Parties agree that their maximum aggregate liability to each other, in any case whatsoever, will be limited to an amount not exceeding the prorated annual subscription fees for a three month period, provided that maximum aggregate liability to Organizers paying other than Subscription Fees, in any case whatsoever, will be limited to an amount not exceeding the total amount of other Fees paid to Effective Registration in the three months immediately preceding the date of the harm in question. Notwithstanding the foregoing, nothing in this Section xv will apply to limit your liability for indemnification as set forth in Section xvi.
Indemnity
1. You shall indemnify, defend and hold Effective Registration, its subsidiaries, affiliates, officers, directors, employees, representatives and assigns, harmless from and against any claim, liability, injury, damage, cost, loss or expense, including reasonable attorneys' fees, that arise from YOUR USE of the Service or associated Third Party Services, except those that arise from the negligence or wilful act of Effective Registration or its employees.
Equitable Remedies
1. You acknowledge that Effective Registration would be irreparably damaged if the Terms of Use is not specifically observed and, agree that Effective Registration shall be entitled, without bond, other security or other proof of damages, to seek appropriate equitable remedies with respect to your breach of the Terms of Use, in addition to other remedies available to Effective Registration under applicable law.
Dispute Resolution
1. Both parties agree to negotiate in good faith to resolve any dispute. If a resolution is not reached within 30 days after commencing such negotiation, either you or we may, on written notice to the other, refer any disagreement regarding this Agreement to arbitration in Vancouver, British Columbia pursuant to the Commercial Arbitration Act (British Columbia).
2. Except where clearly prevented by the area in dispute, both parties agree to continue performing their respective obligations under this Agreement while the dispute is being resolved unless and until such obligations are terminated or expire in accordance with the terms of this Agreement.
Publicity
1. If you are an Organizer, you agree that Effective Registration may reference your name and logo and the Events managed by you as a customer for advertising, promotion, marketing or similar public purposes and hereby grant Effective Registration a non-exclusive, worldwide license to your name and logo for such purposes.
2. Any goodwill arising from the use of your name and logo will inure to your benefit.
PCI Compliance
1. PCI Standards
  1. If you use the Services to accept payment card transactions, you must comply with the Payment Card Industry Data Security Standards (PCI-DSS) to the extent they are applicable to your business (the “PCI Standards”). Effective Registration integrates with Stripe ("Stripe") to provide PCI compliant payment processing and tools to simplify your compliance with the PCI Standards, but you must ensure that your business is compliant and the specific steps you will need to take to comply with the PCI Standards will depend on your implementation of the Services.
2. Cardholder Data
  1. "Cardholder Data" is defined as a cardholder’s primary account number, and where a full unmasked card number is present, any of the cardholder name, expiration date, and/or security service code. Effective Registration has developed strict security features to protect Cardholder Data, and as such this data may only be used in anticipated ways and stored in appropriate places. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE PROHIBITED FROM COLLECTING OR ENTERING CARDHOLDER DATA INTO ANY FORM OR DATA ENTRY FIELDS IN THE SERVICES, EXCEPT INTO THOSE FIELDS INTENDED SOLELY FOR THAT PURPOSE AND PROVISIONED BY THE SERVICE (i.e. where Effective Registration explicitly enables such data to be entered into such fields). Appropriate fields are clearly marked with labels such as ‘Card number’ or by having a credit card icon precede them. Similarly, excluding payment forms, you must never collect or enter any “Sensitive Authentication Data”, as defined by the PCI Standards (including CVC or CVV2) into any fields in the Services. You assume all responsibility for any Cardholder Data entered into the Services in violation of these terms.
Confidentiality
1. Each party shall maintain the confidentiality of all information and data of the other and its affiliates, and in the case of Organizers, its clients, that is marked as confidential or ought to be reasonably regarded as confidential, that it collects, receives or processes in connection with the Service.
2. Neither party shall directly or indirectly copy, release, divulge, disclose or otherwise permit access to any such confidential information without the prior written consent of the other party.
3. You agree that all information related to the actual or prospective commercial terms between the parties, including but not limited to Fees, shall be considered confidential information.
4. You agree that suggestions or feedback that you provide regarding improvement, correction, modification of the Service shall not be considered confidential information.
5. Restrictions in this section “Confidentiality” do not apply to information that:
  1. at the time of disclosure or thereafter is generally available to and known by the public, other than as a result of an unauthorised disclosure directly or indirectly by the non-disclosing party,
  2. was or becomes available to the non-disclosing party on a non-confidential basis from a source than the disclosing party,
  3. has been independently acquired or developed by the non-disclosing without violating any if the obligations under the Terms of Use.
6. Either party may disclose confidential information pursuant to the requirements of a governmental agency or operation of law, provided it give the other party reasonable advance notice to contest such requirement of disclosure, unless prevented from providing such notice by the government agency or operation of law.
Force Majeure
1. Neither party shall be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of Service resulting directly or indirectly from natural acts, civil or military authority, acts of public enemy, wars, riots, civil disturbances, accidents, fire, explosions, earthquakes, floods, the elements, strikes, lockouts, labor disturbances, shortages of suitable parts, labor or transportation, delays caused by suppliers, or any other causes beyond the reasonable control of such party. In any such event, the party responsible for performance will be excused from performance of the obligation affected by such event to the extent and for as long as such circumstances prevail and such party continues to use reasonable efforts to recommence performance without further delay.
General
1. The Terms of Use are governed by and construed under the laws of the province of British Columbia. If a dispute arises, you agree that such dispute be resolved by courts located in Vancouver, British Columbia and hereby submit to the personal jurisdiction of such courts. To the extent any section, clause, provision or sentence or part thereof of the Terms of Use is determined to be illegal, invalid or unenforceable by competent authority in any jurisdiction, then that portion shall be severed and the remainder of the Terms of Use given full force and effect. Effective Registration's failure to assert or enforce any right contained in the Terms of Use shall not constitute a waiver of that right. The Terms of Use constitutes the entire agreement between you and Effective Registration with respect to the subject matter hereof.
Compliance with Laws
1. You represent and warrant that your use of the Service will comply with all applicable laws and regulations. You are responsible for determining whether the Service is suitable for you to use in light of your obligations under any regulations such as PIPEDA ("Canadian Privacy Regulation"), HIPAA, GLB, EU data privacy laws (including the General Data Protection Regulation) (collectively, "EU Data Privacy Laws"), United States export control laws and regulations and economic sanctions laws and regulations ("U.S. Export Control Laws and Regulations"), or other applicable laws. If you're subject to regulations and you use the Service, then we won't be liable if the Service doesn't meet those requirements.
2. If you are located in the European Economic Area, the United Kingdom, or Switzerland (collectively, the "EEA") and/or use the Service to register, communicate with and/or otherwise collect information from individuals located within the EEA (each such Member an "EEA Member") as a result of using the Service, you represent and warrant to Effective Registration that:
  1. You will clearly post, maintain, and abide by a publicly accessible privacy notice that satisfies the requirements of applicable data protection laws, describes your use of the Service, and includes a link to the Effective Registration Privacy Policy.
  2. You will get and maintain all necessary permissions and valid consents required to lawfully transfer data to Effective Registration and to enable such data to be lawfully collected, processed, and shared by Effective Registration for the purposes of providing the Service or as otherwise directed by you.
  3. You acknowledge that Effective Registration's Data Processing Addendum, which sets out your and Effective Registration's obligations with respect to data protections and security when processing personal information will form part of and be incorporated into the Agreement.
  4. You agree to indemnify and hold us harmless from any losses, including all legal fees and expenses, that result from your breach of this Section.
3. In addition, if you are an EEA Member, you acknowledge and agree that we have your prior written authorization to respond, at our discretion, to any data subject access requests we receive from your contacts made under EU Data Privacy Laws, or, alternatively, we may direct any such contacts to you so that you can respond to the request accordingly.
Contact
1. You may contact Effective Registration regarding this Terms of Use by emailing legal@effectiveregistration.com

Effective Date: July 5, 2024 Terms of Use

What type of User Are You?