BEFORE YOU CLICK ON THE “ACCEPT” CHECKBOX RELATED TO THIS SUPPORTER AGREEMENT, CAREFULLY READ ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY CLICKING ON THE “ACCEPT” CHECKBOX, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT IN ORDER TO PARTICIPATE IN THE SUPPORTER PROGRAM OF THE OPENJS FOUNDATION (“OPENJS”). IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT CLICK ON THE “ACCEPT” CHECKBOX.
1. Supporter Program.
1.1 Benefits of Supporter Program. The current benefits to you of participating in OPENJS’s Supporter Program are set forth on OPENJS’s web site at www.openjsf.org (the “OPENJS Site”). As OPENJS Supporter Program benefits are subject to change, please note that it is your obligation to check the OPENJS Site to confirm the then-current benefits of the OPENJS Supporter Program.
2. Supporter Requirements.
2.1 Supporter Fees; Renewals. The Supporter Program fees currently in effect are as set forth on the OPENJS Site. This Agreement shall not be effective, and your right to enjoy benefits as an OPENJS Supporter will not begin, until your fees have been paid via Stripe or similar financial system. Your participation in the Supporter Program will expire automatically on its 1-year anniversary date. If you do not pay the then-current fee, your rights as a Supporter will automatically terminate. You will receive advance notice of any fee increase not less than thirty days before that increase takes effect.
2.2 Costs and Expenses. Participation in the OPENJS Supporter Program does not include payment of any travel or other expenses you may incur in connection with your participation in the program or any other OPENJS programs or events.
2.3 Publicity. You may refer to your participation in the OPENJS Supporter Program, provided that any such references are truthful and accurate.
2.5 Adherence to OPENJS Regulations. “OPENJS Regulations” means the governing documents, policies, and procedures of OPENJS as adopted, amended, restated, and established from time to time by OPENJS, including without limitation, the Bylaws, OPENJS Antitrust Policy, and all other policies adopted by OPENJS and communicated to you in the manner provided below, all of which are incorporated herein by reference. You agree to be bound by and adhere to the OPENJS Regulations and all other agreements (including this Agreement) between OPENJS and you in connection with your Supporter status with OPENJS, and you acknowledge and agree that your Supporter status with OPENJS is conditioned upon your agreement to be so bound. OPENJS agrees to publish on the OPENJS Site any new and/or revised OPENJS Regulations adopted by OPENJS from time to time, and it is your obligation to review the OPENJS Site to confirm the then-current OPENJS Regulations.
3. Withdrawal; Termination.
3.1 Termination. You may give written notice of your intent to terminate your Supporter status in OPENJS at any time; however, termination will not entitle you to any refund of payments you have already made to OPENJS. Upon termination of your Supporter status for any reason, this Agreement shall automatically terminate with respect to you, and you will no longer be a participant in the Supporter Program of OPENJS or enjoy any rights or privileges associated therewith, except as provided in Section 4.5.
3.2 Survival. The termination of this Agreement shall not affect any rights or obligations that by their nature survive termination, whether arising under this Agreement, other agreements between you and OPENJS, or otherwise.
4. Partner Discounts.
4.1 Discounts. OPENJS strives to keep current a compelling list of discounts to partners’ products and services. OPENJS reserves the right to change at its sole discretion the OPENJS events, training, certification and other OpenJS and Open JS partner programs and services subject to discount, and the amounts of such discounts, at any time. Due to the fact that the partner discounts are not controlled by OPENJS, the partner discounts may be inoperable or discontinued at any time. Discounts cannot be combined with other offers. Discounts are void where prohibited.
5. Disclaimers; Limitations.
5.1 DISCLAIMER. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, OPENJS DOES NOT MAKE, AND HEREBY SPECIFICALLY DISCLAIMS, ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING THE SUPPORTER PROGRAM, DISCOUNTS OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, THE SUBJECT MATTER HEREOF OR THE PERFORMANCE OF ITS OBLIGATIONS HEREUNDER, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
5.2 LIMITATION OF LIABILITY. IN NO EVENT SHALL OPENJS OR YOU HAVE ANY LIABILITY TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY LOST OPPORTUNITY OR PROFITS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF THIS AGREEMENT, UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY AND WHETHER OR NOT SUCH PARTY TO THIS AGREEMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN ANY EVENT, OPENJS SHALL NOT BE LIABLE TO YOU UNDER THIS AGREEMENT FOR ANY AMOUNTS IN EXCESS OF THE AMOUNTS ACTUALLY RECEIVED BY OPENJS FROM YOU UNDER THIS AGREEMENT.
6.1 Severability; Interpretation. The provisions of this Agreement are severable. If any provision of this Agreement or its application is held invalid or unenforceable, the invalidity or unenforceability shall not affect other obligations, provisions, or applications of this Agreement which can be given effect without the invalid or unenforceable obligations, provisions, or applications. The headings in this Agreement are for reference only. They will not affect the meaning or interpretation of this Agreement.
6.2 Non-transferability of Supporter Status. You may not transfer your Supporter status in OPENJS or the rights granted hereunder. Such prohibition on transfers shall include transfers to any family member, affiliate, parent or subsidiary.
6.3 Waiver. No approval, consent or waiver will be enforceable unless signed by the granting party. Failure to insist on strict performance or to exercise a right when entitled does not prevent a party from doing so later for that breach or a future one.
6.4 Integration. This Agreement and all other agreements incorporated herein by reference constitute the entire agreement between you and OPENJS, and supersede all prior agreements with OPENJS and its predecessors, successors and assigns, whether written or oral, concerning the subject matter of this Agreement. No addition to or modification of any provision of this Agreement shall be binding on OPENJS or you unless in writing signed by both.
6.5 Governing Law; Forum. This Agreement shall be interpreted and enforced in accordance with the laws of the State of California. The parties hereby consent to the exclusive jurisdiction and venue of the state and federal courts located in San Francisco, California, for any dispute arising under this Agreement.
6.6 Notices. All notices, requests and demands given to or made pursuant hereto shall be sent to you by email at the email address you have provided to OPENJS (which you may update by notice to OPENJS from time to time).
6.7 Dissolution. OPENJS disclaims all liability for providing all benefits of Supporter status in the event of any dissolution, bankruptcy or similar event of OPENJS.