Terms and Conditions of Membership
Updated August 10, 2020
TASBIA™ Membership is governed by these Terms and Conditions. We reserve the right to change the membership Terms and Conditions upon notice to Members.
The Appointment Scheduling & Booking Industry Association, Inc. (the "Association") may deliver to Members from time to time industry reports and other aggregations, compilations, studies and analyses to which those companies are entitled by reason of their membership ("Deliverables"). Deliverables may take the form of research reports, primary research data, primary research study briefings, live and on-demand webcasts, and conference presentations. All Deliverables are the copyrighted property of the Association.
1.1 Internal Use
In general, Member companies are encouraged to distribute or share all Deliverables, both that which is in the public domain and that which is available to them through their memberships ("Member-protected" content) to company employees, and toward any internal use as they deem appropriate.
- Posting Deliverables to internal websites or other means of mass internal distribution
- Including Deliverables in slides for internal presentations
- Referencing Deliverables during company meetings
In every case, appropriate attribution of the source/author of the Deliverable, whether the Association or a Member, is required.
1.2 External Use
Deliverables that are in the public domain, i.e., that are not Member-protected, may be freely shared with external third parties (customers, prospective customers, partners, analysts, investors, and others), provided that there is appropriate attribution to the source of the content.
Member-protected content may not be shared with external third parties, including agents acting on behalf of a Member company. This includes especially individual Member company and industry data from Association primary research studies, including Benchmark Surveys, Member Surveys, and Multi-Member Studies. Association primary research data may not be used for external sales and marketing purposes, including sales presentations, advertising, and marketing campaigns. Such information is intended exclusively for the Member company’s internal use.
2. Exchange of Information.
The Association and Member contemplate that they will both exchange data and information for use in developing benchmarking studies, industry analyses and member-specific assessments and surveys. Member may disclose such information as it deems necessary and helpful for these purposes. While the Association is committed to respecting the integrity of its members’ information, information delivered to the Association shall be treated as confidential only as provided in this provision.
2.1 Confidential Information.
Information delivered by Member to the Association shall be deemed Confidential Information (i) if it is clearly marked as “Confidential Information,” (ii) if disclosed orally, if it is designated as Confidential Information at the time of disclosure and confirmed as such in writing within a reasonable time thereafter, or (iii) if it should reasonably be considered confidential given the nature of the information and the circumstances surrounding disclosure.
2.2 Protection of Confidential Information.
The Association shall use commercially reasonable efforts to maintain the secrecy and confidentiality of Confidential Information disclosed to it by Member. Such efforts shall include, at a minimum, security measures and confidentiality procedures commensurate with those measures it uses to protect and secure its own proprietary and confidential information.
2.3 Use of Confidential Information.
Notwithstanding the foregoing, the Association shall have the right to aggregate and compile Member’s Confidential Information with Confidential Information and other data and information for the purpose of creating and publishing benchmarks, industry analyses and surveys, provided, however, that the Association will not disclose the source of the Confidential Information so used by company name or other identifying information without the written consent of Member.
2.4 Confidential Information
Confidential Information shall not include information that (i) has become public knowledge through no fault of or action by the Association; (ii) is known by the Association at the time of disclosure by the Member, (iii) is independently developed after the date hereof by the Association; (iv) is lawfully obtained by the Association from any third party which is lawfully in possession of such information and not in violation of any contractual or legal obligation to the Member with respect to such information; or (v) the Member agrees in writing may be disclosed by the Association.
2.5 Return or Destruction of Confidential Information
The Association shall return to the disclosing Member or destroy any Confidential Information in the Association's possession upon written request of the Member.
Upon receipt of a signed agreement, the Association may publicly announce Member's membership via e-mail, web, blog, social media, or other means of digital publication. The Association shall have the right to use Member's name and logo on the Association membership list, website and other marketing materials for so long as Member maintains an active membership. If the Association elects to issue a press release regarding Member's membership or involvement in any Association activities, it will first obtain prior approval by Member.
5. Membership Renewal
5.1 Automatically Renewal
Membership will renew automatically on the term anniversary at then-current fees for successive terms, unless cancellation is received in writing from Member at least 30 days prior to the term anniversary.
5.2 Renewal Fees
Membership renewal fees and any applicable discounts will be calculated at the time of automatic renewal. Renewal fees will increase by no more than five (5) percent unless Member has moved into a higher membership tier due to growth in its total worldwide annual revenues.
Member information disclosed to the Association and the Association Deliverables are provided AS IS without warranty. the Association hereby disclaims any and all warranties, whether express, implied or statutory, including without limitation, the warranties of merchantability, fitness for particular purpose and non-infringement. Member and the Association further and specifically disclaim any warranty or representation regarding the accuracy, completeness or reliability of the information or analyses made available under this Agreement. Neither Member nor the Association shall be entitled to rely on the accuracy or completeness of the information or the Deliverables in making any financial, product or strategic decisions; each is responsible to perform its own reasonable and due diligence to independently verify the accuracy and reliability of such information prior to taking any such action.
7. Limitation of Liability.
Neither Member nor the Association shall be liable to the other for, and each hereby disclaims any and all liability hereunder for, any indirect, consequential, special or exemplary or punitive damages, including damages for lost business or profits, regardless of whether either was informed of the prospect of such loss. The parties agree that in no event shall either party be liable to the other under this Agreement for damages totaling in the aggregate an amount in excess of the amount of membership fees Member has actually paid to the Association in the six (6) months prior to the event giving rise to the claim.
The parties agree that the purpose of the Association is to provide general information to its Members about market and industry trends in general. Member agrees that it will not discuss under the auspices of the Association, pricing of its services or products with other members or the specific terms and conditions under which it conducts business with its customers or suppliers. Violation of this provision shall be grounds for immediate termination of membership privileges.
9. Governing Law
This Agreement shall be construed in accordance with the laws of the State of Massachusetts without regard to conflicts of laws provisions thereof. This Agreement shall be deemed to have been entered into in Wellesley, Massachusetts and may be enforced in the courts of Norfolk County, Massachusetts.