Last Updated: February 10, 2022
(1) AGREE TO THESE TERMS PERSONALLY AND ON BEHALF OF ANY COMPANY OR OTHER LEGAL ENTITY (“ORGANIZATION”) THAT YOU REPRESENT WHEN USING THE SERVICES OR THAT YOU NAME AS THE USER WHEN YOU CREATE AN ACCOUNT, AND
(2) YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS AND TO BIND YOUR ORGANIZATION (IF APPLICABLE) TO THESE TERMS.
IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT PERMITTED TO ACCESS OR USE THE SERVICES.
ARBITRATION NOTICE: THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT INCLUDING A WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. PLEASE SEE THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER SECTION BELOW FOR ADDITIONAL DETAILS.
The Schmidt Special Competitive Studies Project, LLC (SCSP) is a bipartisan, non-profit initiative, funded through the Eric and Wendy Schmidt Fund for Strategic Innovation, that seeks to make recommendations to strengthen America’s long-term competitiveness for a future where artificial intelligence (AI) and other emerging technologies reshape our national security, economy, and society.
Please view our Privacy Notice, which applies to personal information processed about you in connection with the Services.
We reserve the right to modify and update these Terms, as well as any aspect of the Services, at any time in our sole discretion. We will notify you via the Services if we make any material changes. Your continued access to or use of the Services will constitute your acceptance of any modifications or updates.
You represent that you are at least 18 years of age (or the age of majority in the jurisdiction in which you reside). The Services are not intended for anyone under 18, and you may not use the Services if you are under 18.
You may be required to create an account to access certain portions of the Services. You are not permitted to share, sell, distribute or otherwise transfer your account information or allow your login credentials to be used by any other individual.
We may terminate your account and suspend your use of the Services for any reason or no reason, without prior notice to you, including but not limited to if you violate these Terms; if we suspect that your account is being used in an unauthorized manner; or if you act in any way that would discredit or harm the reputation of SCSP.
The Services, and in particular all information, content, images, logos, trademarks, graphics, software, and other materials made available by SCSP in connection with the Services (collectively, the “Content”) are the sole property of SCSP or its affiliates or their licensors and are protected by copyright, trademark, and other laws, both in the United States and in other countries.
The Content is provided for information purposes only and is not to be relied upon as professional opinion or advice. The Content is not guaranteed to be accurate, complete, reliable, current or error-free; use at your own risk.
You are granted a non-exclusive, non-transferable, revocable license to access and use the Content for personal, non-commercial purposes only. Additionally, we may publish Content from time-to-time under a Creative Commons License. Except as expressly permitted by SCSP in connection with such publication, you may not reproduce, modify, republish, distribute, resell, broadcast, reverse-engineer, create derivative works from or otherwise exploit in any manner, in whole or in part, the Content. All rights not expressly granted by SCSP are reserved by SCSP, its affiliates and their licensors.
Other Services and Features
Digital Millennium Copyright Act
SCSP endeavors to observe the requirements of the Digital Millennium Copyright Act. In the event you believe that any Content or User Material (defined below) infringes your copyright or other intellectual property right, you may notify our designated agent by email at [email protected] or by mail to: 1550 Crystal Drive, Suite 500, Arlington, VA 22202, Attn: DMCA.
You must include the following information in your complaint:
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of the material that you claim is infringing with respect to the Services;
- your email address, mailing address and telephone number;
- a statement by you that you have a good faith belief that the use of the material on the Services is not authorized by the copyright owner, the copyright owner’s agent or law;
- a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
- an electronic or physical signature of the copyright owner or person authorized to act on behalf of the copyright owner.
All content, responses, answers, comments, ideas, photos and other information and materials (collectively, “User Material”) that you post or submit to SCSP or the Services shall be handled as follows. While we may not review or monitor submissions of User Material, we reserve the right to block, refuse, delete, remove or edit, in whole or in part, any User Material that violates these Terms or that is otherwise objectionable, as determined by SCSP in its sole discretion. We assume no liability in connection with your use of any User Material, including any errors or omissions contained in such User Material, or for any loss or damage incurred as a result of your use of any User Material. You are solely responsible and assume all risks associated with any User Material you submit or that is submitted through your account.
You grant to SCSP a nonexclusive, royalty-free, perpetual, worldwide, irrevocable, sublicensable and transferable license to use, host, store, reproduce, modify, publish, adapt, translate, edit, create derivative works from, publicly display and distribute any User Material you submit in connection with the Services in any and all media now known or hereinafter devised. You hereby waive any moral rights you may have in the User Material. By posting User Material on the Services, or otherwise providing User Material to SCSP, you represent and warrant that you own or have the necessary rights and permissions to provide such User Material to SCSP, and to authorize us to use such User Material in the manner contemplated by these Terms. You acknowledge that we have no obligation to keep any User Material confidential.
You shall not submit anything that you deem confidential, and under no circumstances will we be required to treat any User Material or portion thereof as confidential. SCSP will be entitled to use User Material for any purpose in connection with the provision and promotion of the Services, without further notice or compensation to you or any other person. For the avoidance of doubt, SCSP will not be liable to you or any other person for the use or exploitation of any ideas (including, without limitation, product ideas, designs, or business models) derived from User Material and will not incur any liability as a result of any similarities to the User Material that may appear in any future products or services of SCSP or its affiliates.
If you provide or disclose to SCSP any suggestions, ideas, or feedback (collectively, “Feedback”) with respect to the Services or other potential products and services, you hereby grant to SCSP and its affiliates, a worldwide, perpetual, irrevocable, transferable, nonexclusive, royalty-free license, with the right to sublicense, to use and exploit the Feedback for any purpose.
Acceptable Use Policy
User Material must adhere to all guidelines, rules, standards, and other requirements set forth by SCSP.
You agree that you will not post or submit any User Material or use Services in a manner that violates any posted code of conduct or that otherwise: (1) is obscene, inappropriate, threatening, harassing, abusive, false, inaccurate, deceptive, libelous, defamatory, vulgar, pornographic, invasive of privacy or is otherwise injurious to third parties; (2) constitutes a criminal offense, gives rise to civil liability, or otherwise violates any local, state, national, or international law; (3) contains computer viruses, malware, bots, worms, Trojan horses or other harmful, disruptive, or destructive materials that limit the functionality of any computer software, hardware, or telecommunications equipment; (4) includes unsolicited advertisements, promotional materials, spam, junk mail, pyramid schemes or other forms of solicitation; (5) impersonates another person or entity or falsely states or misrepresents your affiliation with a person or entity; (6) attempts to or disguises the origin of any User Material; (7) implies SCSP’s endorsement of your content; (8) restricts or interferes with any other person’s ability to use or enjoy the Services, as determined by SCSP in its sole discretion; (9) tampers with postings, registration information, submissions or content of other people; (10) uses any robot, spider, scraper or other automated means or interface not provided by SCSP to access the Services; (11) extracts data or gathers or uses information available through the Services through any means not intentionally made available or provided for through the Services; (12) infringes or alleges to be infringing upon a third-party’s intellectual property rights, including any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any party, including, without limitation, any content that is the subject of any third-party claim of infringement; (13) violates contractual or fiduciary relationships; or (14) violates these Terms, or uses the Services in any manner that is inconsistent with the purposes or objectives of the Services, as determined in good faith by SCSP.
We reserve the right to suspend or terminate your access to the Services and seek other legal or equitable remedies, upon becoming aware of any violation of this Acceptable Use Policy by you.
THE SERVICES AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND THAT THE SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS, THE SERVICES WILL BE TIMELY, SECURE, ERROR FREE OR UNINTERRUPTED, THE SERVICES WILL BE FREE OF ANY MALWARE OR OTHER HARMFUL CODE, OR THE CONTENT OR RESULTS OBTAINED FROM THE SERVICES OR FROM SCSP WILL BE ACCURATE, COMPLETE, OR RELIABLE.
SCSP AND ITS AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES AND, ACCORDINGLY, THE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. IF YOU ARE A CONSUMER, ANY STATUTORY RIGHTS THAT CANNOT BE WAIVED BY YOU ARE UNAFFECTED BY THIS SECTION.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SCSP OR ITS AFFILIATES OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR LOST REVENUES, PROFITS CAPITAL OR OVERHEAD, ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), DELICT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT SCSP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE LAWS OF SUCH JURISDICTION.
You agree to indemnify, defend and hold harmless SCSP and its affiliates, successors and assigns, and each of their respective trustees, officers, directors, employees, agents, suppliers and representatives, from and against all claims, liabilities, actions, suits, proceedings, assessments, judgments, decrees, losses, expenses, damages, settlement funds, fines, penalties and associated costs and expenses, including reasonable attorneys’ fees, arising out of or related to (1) your use or misuse of the Services, including any Content; (2) your breach of these Terms; (3) any User Materials submitted or provided to SCSP; or (4) any use of your User Materials and/or the exercise by SCSP of any rights granted to it, including without limitation claims based on rights of privacy, rights of publicity, false light, defamation, copyright, patent and/or trademark infringement relating to your application and User Materials. SCSP reserves the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section, in which event you agree to cooperate with any reasonable requests assisting our defense of such matter.
Release of Claims
You hereby release SCSP and its affiliates, successors and assigns, and each of their respective trustees, officers, directors, employees, agents, suppliers and representatives from and against the full amount of all claims, liabilities, actions, suits, proceedings, assessments, judgments, decrees, losses, fees, damages, settlement funds, and associated costs and expenses including attorney’s fees arising from or in connection with your use of the Services, any use of User Material, and/or the exercise by SCSP of any rights granted to it, including without limitation claims based on rights of privacy, rights of publicity, false light, defamation, copyright, patent and/or trademark infringement relating to User Material and claims for injury, loss or damage of any kind resulting from your use of any Content.
All questions concerning the construction, validity, enforcement and interpretation of these Terms shall be governed by and construed in accordance with the domestic laws of the State of Virginia, without giving effect to any choice of law or conflict of law.
Binding Arbitration and Class Action Waiver
To the fullest extent permitted by law, you and SCSP agree to arbitrate any controversy, claim or dispute arising out of or in any way related to your use of the Services, including but not limited to claims based on contract, tort, negligence, statutory or regulatory provisions. EACH PARTY IS GIVING UP ITS RIGHT TO SUE IN COURT AND TO HAVE ANY CONTROVERSY, CLAIM OR DISPUTE HEARD BY A JUDGE OR JURY.
YOU AND SCSP EXPRESSLY AGREE TO ARBITRATE ANY CONTROVERSY, CLAIM OR DISPUTE ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF THE SERVICES. THIS AGREEMENT TO ARBITRATE ALSO APPLIES TO THRESHOLD ARBITRABILITY ISSUES, INCLUDING ISSUES RELATED TO WHETHER THIS AGREEMENT TO ARBITRATE IS UNCONSCIONABLE OR ILLUSORY AND ANY DEFENSE TO ARBITRATION. YOU ALSO AGREE THAT ANY ARBITRATION MAY ONLY BE BROUGHT IN YOUR AND OUR INDIVIDUAL CAPACITIES, NOT AS A CLASS, PURPORTED CLASS OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL OR ENTITY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
The mutual promise by you and SCSP to arbitrate any and all disputes, and to do so on an individual basis, rather than to litigate before the courts or other bodies, provides the mutual consideration for this agreement to arbitrate.
Either party may exercise the right to arbitrate by providing the other party with written notice of any and all claims forming the basis of such right in sufficient detail to inform the other party of the substance of such claims. In no event shall the request for arbitration be made after the date when institution of legal or equitable proceedings based on such claims would be barred by the applicable statute of limitations.
Unless you and SCSP otherwise agree, the arbitration will be conducted in the county where you reside by a single neutral arbitrator and in accordance with the then-current rules for resolution of disputes of the American Arbitration Association (AAA) (available online at www.adr.org or by calling 1-800-778-7879). The parties are entitled to representation by an attorney or other representative of their choosing. The parties agree to abide by and perform any award rendered by the arbitrator. The arbitrator shall issue the award in writing and therein state the essential findings and conclusions on which the award is based. Judgment on the award may be entered in any court having jurisdiction thereof. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.
If this arbitration clause is held unenforceable or arbitration is for any other reason not available, any disputes under this Agreement shall be heard in a court of competent jurisdiction in Arlington, Virginia.
You shall be deemed an independent contractor and nothing contained herein shall create an employment or agency relationship, a joint venture, or a partnership. No failure to enforce these Terms shall constitute a waiver of any provision contained herein. To the extent any portion of these Terms is determined to be unenforceable by a court of competent jurisdiction, such portion will be modified solely to the extent necessary to cause such portion to be enforceable, and these Terms, as modified, will remain in full force and effect. This is the entire agreement between you and SCSP relating to the subject matter herein.
Electronic Communications. These Terms and any other documentation, agreements, notices, or communications between you and SCSP are provided to you electronically. You consent to receive these electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communications be in writing. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.
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