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The Policy Circle, Co. Membership Agreement

By accepting The Policy Circle, Co.’s (“The Policy Circle”) Membership Agreement (“Agreement”), either by clicking “ACCEPT” when presented with this Agreement on The Policy Circle‘s website at:  http://www.thepolicycircle.org (the “Website”), or by otherwise registering as a Member of The Policy Circle, you acknowledge that you have read, understood, and agree to be bound by all of the terms, conditions, and notices contained in this Agreement, as may be revised from time to time, just as if you had signed this Agreement. 

  1. Registration Information.  Personal information that you provide to The Policy Circle as part of your member registration shall be true, accurate, current, and complete.  Upon validation of such information and acceptance of your member registration by The Policy Circle, you shall be an authorized member of The Policy Circle (“Member” or “Membership”).  You shall update and maintain the truthfulness, accuracy, and completeness of such information while a Member of The Policy Circle.
  2. Minimum Age.  You confirm that you are eighteen (18) years of age or older.  
  3. Terms of Use.  The Policy Circle shall grant you a non-exclusive license during the Term of your Membership to access and use the content contained on the Website, solely for your personal use.  As a Member, you may attend The Policy Circle member meetings (“Circle Meetings”), access the Member portions of the Website, and if accepted, participate as a leader of a circle (“Circle Leader”).  You shall be bound by the Terms of Use associated with the Website located at:  http://www.thepolicycircle.org/terms-of-use/ (the “Terms of Use”).  The Terms of Use are incorporated into and made part of this Agreement.  If there is any conflict between the provisions in the Terms of Use and this Agreement, this Agreement shall govern.   
  4. Code of Conduct.  You shall abide by the Core Values of The Policy Circle located at:  https://www.thepolicycircle.org/the-policy-circle-core-principles/ (the “Core Values”).  The Core Values are incorporated into and made part of this Agreement.  If there is any conflict between the provisions in the Core Values and this Agreement, this Agreement shall govern.
  5. Term and Termination.  This Agreement shall remain in full force and effect while you are a Member.  Your Membership may be terminated by The Policy Circle for any violation of this Agreement, Terms of Use, or the Core Values.  The Policy Circle may also withdraw any User Contributions of a Member and may cancel your membership if your User Contributions are deemed by The Policy Circle in its sole discretion to violate the Core Values.  You further acknowledge and agree that Membership in The Policy Circle is voluntary.  You may cancel your Membership at any time, and for any reason, by giving written notice to The Policy Circle.  If your Membership is canceled or terminated for any reason, you understand that you will lose all rights as a Member granted under this Agreement and you acknowledge and agree that there will be no refund of your membership fee or any Contribution.
  6. Lack of Authority.  You are not authorized to act as an agent of The Policy Circle.  Accordingly, you have no authority, actual or implied, to take any of the following actions (a) incur an expense, liability, or debt on behalf of The Policy Circle; (b) execute a contract on behalf of The Policy Circle; (c) make commitments of any kind for the account of or on behalf of The Policy Circle; or (d) otherwise directly or indirectly bind The Policy Circle or any other Member in any way.  If you take any of these actions without the express written consent of The Policy Circle, you will be obligated to indemnify The Policy Circle, as described in Paragraph 11.
  7. Political Activity.  The Policy Circle is a 501(c)(3) organization and as such is strictly prohibited from directly or indirectly participating in, or intervening in, any political campaign on behalf of (or in opposition to) any candidate for elective public office.  Accordingly, you will not undertake any such activities on behalf of The Policy Circle, and all such activities undertaken by you will be solely done in your individual capacity.  In addition, you agree that you will not post political speech on the Website.
  8. Lobbying.  The Policy Circle is a 501(c)(3) organization and as such is subject to specific limitations related to attempts to influence legislation (i.e., lobbying).  Accordingly, you will refrain from engaging in lobbying activity (as described in Section 501(c)(3) of the Internal Revenue Code, as amended), including the content that you post on the Website, and you will not contact, or urge the public to contact, any member or employee of the legislative or executive branch for the purpose of advocating for the adoption, supporting, or opposing legislation, on behalf of The Policy Circle.  Rather, you must solely conduct any lobbying activities in your individual capacity.
  9. Media Release.  You irrevocably grant to The Policy Circle the right to use, and you irrevocably consent to The Policy Circle’s use of, your name, appearance, voice, likeness, quotes, and statements in photographs, digital images, audio recordings, video recordings, and/or other media of expression (the “Media”) for the purpose of promoting or otherwise representing The Policy Circle.  Such uses may include, but are not limited to advertising, promotional, educational, or public relation purposes. You acknowledge and agree that The Policy Circle shall be the exclusive owner of all copyrights in and to the Media, even if you participate in the creation of such Media.
  10. Modification.  The Policy Circle has the right to modify and restate the terms of this Agreement, and such modification(s) will be effective immediately upon being posted to the Website.  Your continued registration as a Member will constitute your conclusive acceptance of all modifications to this Agreement.  By continuing to access the Website or use your Membership benefits after any revisions become effective, you agree to be bound by the modified Agreement. If you do not agree to the new terms of this Agreement, you may opt to cancel your Membership pursuant to Section 5.
  11. Indemnification.  You shall defend, hold harmless and indemnify The Policy Circle from and against any and all losses, costs, expenses, damages or other liabilities incurred by The Policy Circle from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against The Policy Circle in connection with your Membership.  The Policy Circle will be entitled to participate in such defense through its own counsel at its own cost and expense.  The Policy Circle reserves the right to report any wrongdoing of any Member that it becomes aware of to the applicable government agencies or otherwise.
  12. Governing Law.  All matters relating to this Agreement and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), are governed by and construed in accordance with the internal laws of the State of Indiana without giving effect to any choice or conflict of law provision or rule (whether of the State of Indiana or any other jurisdiction).  Any legal suit, action, or proceeding arising out of, or related to, this Agreement may be instituted exclusively in the federal courts of the United States or the courts of the State of Indiana in each case located in the City of Indianapolis.  Further, you waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
  13. Waiver and Severability.  Any waiver by The Policy Circle of any breach of this Agreement must be in writing and signed by an authorized office of The Policy Circle, and any failure of The Policy Circle to assert a right or provision under this Agreement does not constitute a waiver of such right or provision. Waiver by The Policy Circle of any breach of this Agreement will not operate or be construed as a waiver of any subsequent breach. If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect.
  14. Limitation on Liability.  IN NO EVENT WILL THE POLICY CIRCLE, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR MEMBERSHIP IN THE POLICY CIRCLE, INCLUDING BUT LIMITED TO YOUR PARTICIPATION IN A CIRCLE MEETING, AS A CIRCLE LEADER, OR BY SUBMITTING USER CONTRIBUTIONS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
  15. Arbitration.  If any controversy, allegation, or claim arises out of or relates to this Agreement, your Membership, your participation in a Circle Meeting or as a Circle Leader, including, but not limited to, claims for indemnification, contribution, or cross-claims in a pending action involving one or more third parties (collectively, a “Dispute”), then either you or The Policy Circle may elect to submit the Dispute to be finally and exclusively resolved by binding arbitration before a sole arbitrator in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. If an in-person arbitration hearing is required, then it will be conducted in Indianapolis, Indiana; but if the applicable arbitration rules or laws require the arbitration to be conducted in the “metropolitan statistical area” (as defined by the U.S. Census Bureau) where you are a resident at the time the Dispute is submitted to arbitration, The Policy Circle will have the right to elect to proceed to arbitration in such location. If the value of the relief sought is $10,000 or less, you or The Policy Circle may elect to have the arbitration conducted by telephone or based solely on written submissions, which election will be binding on you and The Policy Circle subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and/or The Policy Circle, unless the arbitrator requires otherwise.

All parties to the arbitration will have the right, at their own expense, to be represented by an attorney or other advocate of their choosing. You and The Policy Circle will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require The Policy Circle to pay a greater portion or all of such fees and costs in order for this Section 15 to be enforceable, then The Policy Circle will have the right to elect to pay the fees and costs and proceed to arbitration.

In arbitration, as with a court, the arbitrator must honor the terms of this Agreement and can award the prevailing party damages and other relief (including attorneys’ fees). However, WITH ARBITRATION (i) THERE IS NO JUDGE OR JURY, (ii) THE ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND (iii) JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES OR IT WILL BE FOREVER BARRED.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT NO ARBITRATION MAY BE JOINED WITH ANY OTHER; THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A REPRESENTATIVE OR CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS.