Membership Terms of Service

Last Updated on April 2, 2025

These Terms of Service for Membership (the “Terms of Service”) govern your use of certain products and services relating to the Memberships (as defined below), including the Web-App (collectively, the “Web-App”) and mobile application(s) relating to the Memberships (each, a “Mobile App”) offered by RSA Conference LLC (“RSAC”, “us” or “we”).

In these terms, unless the context otherwise requires, all further references to “you”, “your” or “member” means you as an individual user.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THESE TERMS OF SERVICE AFFECT YOUR LEGAL RIGHTS, INCLUDING HOW YOU MAY RESOLVE DISPUTES.

IMPORTANT NOTICE - ARBITRATION AND WAIVER OF CLASS ACTION: BY AGREEING TO BE BOUND BY THE TERMS OF SERVICE, YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND RSAC WILL BE RESOLVED BY BINDING ARBITRATION. YOUR AGREEMENT TO ARBITRATION MEANS YOU ARE GIVING UP THE RIGHT TO GO TO COURT AND THE RIGHT TO A TRIAL BY JURY, AND INSTEAD, DISPUTES WILL BE DECIDED BY A NEUTRAL ARBITRATOR. YOU ALSO AGREE THAT ALL DISPUTES BETWEEN US, WHETHER IN COURT OR IN ARBITRATION, WILL BE BROUGHT ONLY ON AN INDIVIDUAL BASIS AND YOU ARE WAIVING YOUR RIGHT TO BRING OR PARTICIPATE IN A CLASS ARBITRATION OR CLASS ACTION. PLEASE CLICK HERE TO READ SECTION 14 OF THESE TERMS OF SERVICE FOR FURTHER DETAILS.

For information on how RSAC collects, uses and shares any personal information, please see our Privacy Statement.

Table of Contents Page

  1. GENERAL RULES AND DEFINITIONS; MODIFICATION OF THESE TERMS OF SERVICE
  2. MODIFICATION TO MEMBERSHIPS; ADDITIONAL TERMS
  3. OWNERSHIP; LIMITED LICENSE; RSAC’S PROPRIETARY RIGHTS
  4. CONTENT
  5. USER-GENERATED CONTENT
  6. ARTIFICIAL INTELLIGENCE
  7. MEMBER CONDUCT
  8. THIRD-PARTY CONTENT AND LINKS TO THIRD-PARTY WEBSITES
  9. DISCLAIMER OF WARRANTIES; INDEMNIFICATION; LIMITATION OF LIABILITIES
  10. REGISTRATION AND SECURITY
  11. FEES AND PAYMENTS
  12. CANCELLATION OF FUTURE CHARGES; TERMINATION OF MEMBERSHIP
  13. GOVERNING LAW; JURISDICTION; SURVIVAL
  14. WAIVER OF CLASS ACTIONS; ARBITRATION; TERMINATION OF RIGHTS
  15. PRIVACY
  16. MISCELLANEOUS
  17. CONTACT US; NOTICES
  18. SPECIAL TERMS

1. GENERAL RULES AND DEFINITIONS; MODIFICATION OF THESE TERMS OF SERVICE.

1.1 Definitions.

(a) “Basic Membership” refers to subscription-based memberships made available by RSAC that provide a member access to a limited, subset of Membership Products for no fee on an indefinite basis. Details regarding our current Basic Membership offering are available here.

(b) “Memberships” collectively refers to the Basic Membership and Professional Membership(s) made available by RSAC.

(c) “Membership Products” refers to any and all products, services, features and benefits relating to the Memberships, including the Web-App, the Mobile App(s) and the related Content (as defined in Section 4.1).

(d) “Professional Membership” refers to subscription, fee-based, automatically renewing memberships made available by RSAC that provide a member access to certain Membership Products for a specified term. Details regarding our current Professional Membership offering(s) are available here.

1.2 Terms of Service for Membership. Please review these Terms of Service carefully as they apply to your use of the Membership Products regardless of how you access the Membership Products including through the Internet, a mobile network or otherwise.

BY CHECKING “ACCEPT” THESE TERMS OF SERVICE, OR BY ACCESSING OR USING THE MEMBERSHIP PRODUCTS (OR ANY PORTION THEREOF), YOU AFFIRM THAT (A) YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD, AND (B) YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

1.3 Modification of these Terms of Service. We may, from time to time, change these Terms of Service. When such changes are made, we will notify you of such changes by any reasonable means, including by email, push notifications within the Membership Products and/or by posting the revised version of these Terms of Service on our website or in connection with our Memberships. You can determine when these Terms of Service were last revised by referring to the “Last Updated On” legend at the top of these Terms of Service. Such changes will become effective immediately upon posting. It is your responsibility to review these Terms of Service prior to each use of the Membership Products. If you do not cancel your Membership after the changes become effective, you agree to the changed terms.

IF THESE TERMS OF SERVICE, INCLUDING ANY FUTURE CHANGES HERETO, ARE UNACCEPTABLE TO YOU, YOU SHOULD DISCONTINUE YOUR USE OF THE MEMBERSHIP PRODUCTS AND CANCEL YOUR PROFESSIONAL MEMBERSHIP IN ACCORDANCE WITH SECTION 12. YOUR CONTINUED USE OF THE MEMBERSHIP PRODUCTS NOW, OR FOLLOWING THE POSTING OF UPDATED TERMS OF SERVICE, WILL CONSTITUTE ACCEPTANCE BY YOU OF SUCH TERMS OF SERVICE, CHANGES, OR MODIFICATIONS.

2. MODIFICATION TO MEMBERSHIPS; ADDITIONAL TERMS.

2.1 Modification to Memberships. We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: (a) modify or discontinue any of the Memberships (including any Membership Product), with or without notice; (b) charge fees in connection with the use of any of the Memberships; (c) modify or waive any fees charged in connection with any of the Memberships; or (d) offer opportunities to some or all users of any of the Memberships. If any part of the Membership Products is suspended, modified, or discontinued, or if a technical error occurs, information, data, or content created or provided by you in connection therewith may be deleted or become inaccessible; accordingly, you should not exclusively rely on, and agree not to exclusively rely on, the Membership Products to store or preserve any such information, data, or content. You agree that RSAC shall not be liable to you or to any third party for any modification, suspension, or discontinuance of any Membership Products, in whole or in part. Your continued access to or use of the Membership Products after such changes will constitute acceptance by you of such changes.

2.2 Additional Terms.

(a) You agree that you are subject to any additional terms and conditions posted by us that are applicable to the Memberships, including the Terms of Sale for Membership (“Terms of Sale”), which are hereby incorporated by reference.

(b) You acknowledge that RSAC offers products, services and programs separate and apart from the Memberships (“RSAC Additional Programs”) including, but not limited to, our annual cybersecurity conference. If you participate in an RSAC Additional Program, you may be subject to additional terms and conditions.

3. OWNERSHIP; LIMITED LICENSE; RSAC’S PROPRIETARY RIGHTS.

3.1 The Membership Products, including the Content (as defined in Section 4.1) are protected by Intellectual Property and other proprietary rights in or to the Membership Products pursuant to U.S. and international laws. You acknowledge and agree that as between you and RSAC, (a) RSAC owns all Intellectual Property and proprietary rights, in and to the Membership Products, and (b) RSAC owns (or with respect to any third-party generated Content relating to the Membership Products has rights to) any information regarding or relating to the Membership Products. “Intellectual Property” means all intellectual property rights of every kind and nature, including, without limitation, all U.S. and non-U.S. (i) rights in or to trademarks and service marks (whether or not registered), trade names and other designations of source of origin, together with all goodwill related to the foregoing, (ii) patents and patent applications, (iii) rights in or to copyrights, whether or not registered, and any works of authorship, (iv) rights in or to trade secrets and confidential information, including without limitation know-how, technology methods, ideas, and inventions, (v) rights in software and computer code (whether in source code, object code or any other form), and (vi) all applications, registrations, and renewals of any of the foregoing.

3.2 The Membership Products are licensed, and not sold, to users. Subject to your continued compliance with these Terms of Service, and solely for so long as you are permitted by RSAC to use the Membership Products, we hereby grant you, on a limited, non-exclusive, revocable, non-transferable, non-sublicensable basis, the right to access and use the Membership Products solely for your personal, non-commercial purposes, which includes the right to install and use the Mobile App(s) on a mobile device that you own or control, solely for your personal, non-commercial use (the “License”). With regards to the Content, the License shall include the right to download and/or copy the Content for your non-commercial use only, provided that for any such non-commercial uses of the Content you agree to maintain all copyright and other notices contained in the Content and will include attribution to RSAC or the copyright holder identified in the copyright and/or attribution notice contained in the Content in all cases.

3.3 Trade names, trademarks, and service marks on or included within the Membership Products, including RSA CONFERENCE, RSAC, RSAC CONFERENCE and all other RSAC logos, are owned by RSAC, RSAC’s licensors or other respective owners (collectively, “RSAC Marks”). Such RSAC Marks, whether registered or unregistered, may not be used in connection with any third party product or service, or in any manner that is likely to cause confusion or dilution of such RSAC Marks. Nothing contained in the Membership Products should be construed as granting, and does not grant, by implication, estoppel or otherwise, any license or right to use any such RSAC Marks without the express prior written consent of the owner.

3.4 The Mobile App(s) and the Web-App include, or are deemed to include, the following legend: “Copyright 2025© RSA Conference LLC. All rights reserved”. All RSAC associated design marks and logos are trademarks of RSAC and may be registered in certain jurisdictions.

4. CONTENT.

4.1 We provide users of the Membership Products with access to certain content relating to the cybersecurity industry and community. All materials published or made available by RSAC on or through the Membership Products (including, but not limited to, text, photographs, images, illustrations, designs, audio clips, video clips, “look and feel,” metadata, data, or compilations, collectively, the “Content”) are protected by copyright and are owned or controlled by RSAC or its licensors or the provider of the Content. Content may include, but is not limited to, (a) live streaming media (e.g., webcasts and groupcasts); (b) downloadable audio and video presentations; (c) downloadable presentation materials; (d) blogs and articles; and (e) surveys and/or questionnaires. RSAC owns all copyright in the arrangement, selection, coordination, compilation, and enhancement of such Content. You agree to abide by all additional copyright notices, information, obligations or restrictions contained in any Content accessed through the Membership Products.

4.2 The quality (e.g., the resolution) of streaming Content, as well as the download speed of downloadable Content, may be affected by a variety of factors, such as your location, the Content being streamed or downloaded, and the speed of your Internet connection. RSAC makes no representation or warranty and disclaims all liabilities regarding access to Content made available through or in connection with Membership Products, including the quality of streaming Content and the download speed of downloadable Content. Additionally, you acknowledge and agree that you (and not RSAC) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment and services needed to access and use any of the Membership Products, and paying all charges related thereto.

4.3 The Content provided through or in connection with the Membership Products is designed to provide general information for the purpose of educating you on and informing you about the subject matter covered therein and is intended for your personal, non-commercial use.

4.4 THE CONTENT IS PROVIDED TO YOU “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, ACCESS TO AND USE OF THE CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF THE CONTENT. RSAC, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, LICENSORS, SERVICE PROVIDERS, CONSULTANTS, ASSIGNS, DISTRIBUTORS, ADVERTISERS, WEB-LINK PROVIDERS, CONTENT PROVIDERS, AND PARTNERS (COLLECTIVELY, THE “RSAC PARTIES”) DISCLAIM ALL WARRANTIES WITH RESPECT TO THE CONTENT (INCLUDING THIRD PARTY CONTENT, PRODUCTS, AND SERVICES) TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE. YOU HEREBY ACKNOWLEDGE THAT YOUR USE OF THE CONTENT IS AT YOUR SOLE RISK.

5. USER-GENERATED CONTENT.

5.1 User-Generated Content.

(a) Certain features within the Membership Products were created to enable members to learn from and share with others in a collaborative manner. Please keep this goal in mind as you engage with these features.

(b) Specifically, we may make available through the Membership Products certain features and tools (for example, message boards, forums, chat functionality, messaging functionality and comment functionality, among other services) (each, a “Forum”) through which users may post messages, make statements, upload files and documents, provide advice or other information or materials (collectively “User-Generated Content”).

5.2 Restrictions on User-Generated Content.

(a) You are expressly prohibited from providing any User-Generated Content that (i) violates, plagiarizes, misappropriates or infringes upon the Intellectual Property rights of any third party, (ii) violates any third party’s privacy or other personal rights, (iii) violates any obligations of confidentiality, (iv) contains libelous or otherwise unlawful information, or (v) contains a virus, Trojan horse, worm, or other harmful content. 

(b) You are expressly prohibited from including any personally identifiable information of any third party in your User-Generated Content, and we strongly encourage you to refrain from including any of your personally identifiable information in any of your User-Generated Content. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE IN A FORUM OR OTHERWISE ON OR IN CONNECTION WITH YOUR USE OF THE MEMBERSHIP PRODUCTS, YOU DO SO AT YOUR OWN RISK.

5.3 License to User-Generated Content. You hereby grant to RSAC and its affiliates a non-exclusive, perpetual, irrevocable, royalty free, fully paid-up, worldwide, and fully sub-licensable and transferable right to copy, review, display, evaluate, assess, modify, reproduce, prepare derivative works of, analyze, broadcast, translate, distribute and otherwise use (“Use”) your User-Generated Content, in whole or in part, in any and all media, technology or other medium throughout the world now known or further developed for any purpose relating to RSAC’s business, programs, products, research initiatives and services. RSAC has the right, but does not have any obligation, to Use your User-Generated Content. Without limiting the license set forth in this Section 5.3, you acknowledge and agree that RSAC uses and/or may in the future use AI Technology (as defined in Section 6.1), and the foregoing license expressly grants RSAC the right to use your User-Generated Content for any purpose in connection with RSAC’s AI Technology, including but not limited to training such AI Technology and generating outputs using such AI Technology. You acknowledge and agree that, as between RSAC and you, all outputs from RSAC’s AI Technology shall be owned by RSAC (excluding any of your rights in your underlying User-Generated Content) and RSAC may Use all such outputs for any purpose relating to RSAC’s business, programs, products, research initiatives and services. You waive any right to inspect or approve RSAC’s Uses of your User-Generated Content or to be compensated for any such Uses as is consistent with applicable law. For the purposes of clarification, the foregoing license grant does not apply to User-Generated Content that is included in the Secure Chat feature.

5.4 Ownership of User-Generated Content. For purposes of clarity, as between RSAC and you, you retain any ownership rights that you may have in any of your User-Generated Content, subject to the terms and conditions of these Terms of Service. You acknowledge that your User-Generated Content may be used, edited, removed, modified, published, transmitted, and displayed by RSAC and you waive any rights you may have in having the material altered or changed in a manner not agreeable to you.

5.5 Responsibility for Your User-Generated Content.

(a) You are and remain solely responsible and liable for your User-Generated Content.

(b) You hereby represent and warrant that (i) you are and will remain in full compliance with the restrictions regarding User-Generated Content set forth herein, (ii) you have and will retain all necessary rights to grant the rights and licenses relating to your User-Generated Content contained herein, and (iii) the User-Generated Content does not and will not infringe, misappropriate or otherwise violate the Intellectual Property or other proprietary rights of any third party and does not and will not otherwise violate any agreement or obligations you have regarding the disclosure of such information.

5.6 Responsibility for Your Use of Others’ User-Generated Content.

(a) RSAC does not and cannot review all User-Generated Content and reserves the right to delete, move, or edit User-Generated Content that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of laws, infringing Intellectual Property rights, in violation of these Terms of Service, or otherwise unacceptable.

(b) RSAC Parties neither endorse nor are responsible for any User-Generated Content, including errors or omissions in any postings or links or images embedded in User-Generated Content or results obtained by using any such User-Generated Content.

(c) Under no circumstances will the RSAC Parties be liable for losses or damages of any kind caused by User-Generated Content, including, but not limited to your use of or reliance on User-Generated Content.

(d) The opinions expressed in the Forums solely reflect the opinions of the members who submitted such opinions, and do not reflect the opinions of RSAC. In addition, the RSAC Parties have no control over, and shall have no liability for, any damages resulting from the use (including republication) or misuse of any User-Generated Content or other third-party information voluntarily made public through a Forum or any other part of the Membership Products.

6. ARTIFICIAL INTELLIGENCE.

6.1 Certain features of the Membership Products use artificial intelligence technology, including generative artificial intelligence, (“AI Technology”) developed by RSAC and/or third-party providers. Some of these features will enable you to use the AI Technology to generate outputs and data (“Outputs”) in connection with your use of the Membership Products. You acknowledge and agree that AI Technology may be a useful tool, but it is not a substitute for human judgment and creativity and that AI Technology is prone to “hallucinations,” false answers or information, or information that is stale, and therefore responses must always be carefully verified by a human.

6.2 You agree not to include any personal or sensitive information about you or others, confidential or proprietary information, or trade secrets in your questions or prompts when using the Membership Products, including AI Technology. Examples include, but are not limited to, passwords and other credentials, protected health information, information from documents marked “Confidential”, any other non-public information, and names, addresses, likenesses, or other identifying information about any person.

6.3 You will not use the AI Technology in a way which is likely and/or intended to yield Outputs that (a) promote exploitation or abuse (e.g., child sexual exploitation and abuse, grooming, non-consensual intimate content, sexual solicitation, trafficking, suicide and self-injury), (ii) relate to facial recognition and facial analysis, (iii) promote violent content or conduct (e.g., graphic violence and gore, terrorism and violent extremism, violent threats, incitement, and glorification of violence), (iv) constitute harmful content (e.g., hate speech or discrimination, bullying and harassment, deception, disinformation and inauthentic activity, active malware or exploits), or (v) are to be used for other illegal purposes or that are otherwise deemed inappropriate in RSAC’s sole discretion.

6.4 You acknowledge that RSAC and its licensor(s) will be reviewing prompts, requests and questions relating to the AI Technology and the resulting Outputs for any harmful content and patterns that suggest that the AI Technology is being used in a manner that violates this Section 6.

6.5 You acknowledge and agree that as between you and RSAC, RSAC owns all Outputs. For purposes of clarification, Outputs are considered to be Membership Products under these Terms of Service.

6.6 RSAC MAKES NO REPRESENTATIONS REGARDING THE AI TECHNOLOGIES OR THE ACCURACY, COMPLETENESS AND/OR APPROPRIATENESS OF ANY OUTPUT. OUTPUTS ARE INTENDED TO SERVE AS A TOOL TO ASSIST YOU. ALL OUTPUTS ARE PROVIDED “AS IS” AND ARE NOT A REPLACEMENT FOR INDEPENDENT HUMAN VERIFICATION AND/OR JUDGEMENT. IF OUTPUTS CONTAIN ATTRIBUTION TO THE RELATED CONTENT OR INPUTS, YOU MUST INCLUDE SUCH ATTRIBUTION IN ANY RE-USE OF THE OUTPUT. UNDER NO CIRCUMSTANCES WILL ANY RSAC PARTY BE LIABLE FOR ANY LOSSES OR DAMAGES CAUSED BY YOUR USE OF OR YOUR RELIANCE ON ANY OUTPUTS.

7. MEMBER CONDUCT.

7.1 Community Code of Conduct. You agree that at all times while accessing or using the Membership Products, you will adhere to the “Community Code of Conduct ”, which is incorporated herein (the “Community CoC”). We may update the Community CoC at any time and will notify you of such changes by any reasonable means, including by email, through push notifications or by posting the revised version of the Community CoC through the Web-App and Mobile App(s). Please make sure to check the Community CoC from time to time for updates. RSAC may, in its sole discretion, terminate or suspend your use of any or all of the Membership Products for any conduct that we consider to be inappropriate, your violation of the Community CoC, or your breach of these Terms of Service.

7.2 You represent and warrant that upon acceptance of the Terms of Service and at all times during the Term: (a) you have the full power and authority to accept and be bound by the terms and conditions set forth in these Terms of Service; (b) you are at least eighteen (18) years of age; (c) your use of the Membership Products is in compliance with, and will not violate, applicable laws or any of your contractual obligations; (d) none of the materials of any kind submitted through your account will (i) violate, plagiarize, misappropriate or infringe upon the rights of any third party, including Intellectual Property rights, privacy or other personal or proprietary rights or obligations of confidentiality, or (ii) contain libelous or otherwise unlawful information; (e) your access to and use of the Membership Products, will at all times comply with these Terms of Service; (f) you will only use the Membership Products for their intended purpose; and (g) you will not attempt to gain unauthorized access to the Membership Products or any portion thereof or third party products integrated therein, nor will you attempt (or encourage or support anyone else’s attempt) to decompile, disassemble, circumvent, reverse engineer, decrypt or otherwise engage in any activity that alters or interferes with any portion of the Membership Products or any third party products integrated therein, including the security thereof, except as expressly permitted in Section 7.5 below.

7.3 In connection with your use of the Membership Products, you agree to:

(a) comply with all applicable laws and governmental regulations, including, but not limited to, all intellectual property, data privacy, and export control laws and regulations promulgated by any government agency;

(b) only upload and disseminate information and data to which you own or possess all required rights under law and under contractual and fiduciary relationships (excluding information such as proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) and consistent with applicable law;

(c) use commercially reasonable efforts to prevent unauthorized access to or use of the Membership Products and to prevent any third party that is not an authorized user to access or use a password for the Membership Products;

(d) keep passwords and all other login information confidential and not share, transfer or otherwise provide another person access to an account;

(e) monitor and control all activity conducted through your account in connection with the Membership Products;

(f) promptly notify us if you become aware of or reasonably suspect any illegal or unauthorized activity or a security breach involving your account, including any loss, theft, or unauthorized disclosure or use of a password or account credentials; and comply in all respects with all applicable terms of the third-party applications that you access or subscribe to in connection with the Membership Products.

7.4 In addition, in connection with your use the Membership Products, you agree not to:

(a) upload to, or transmit from, the Membership Products any data, file, software, or link that contains or redirects to a virus, Trojan horse, worm, or other harmful component or a technology that unlawfully accesses or downloads content or information stored within the Membership Products;

(b) use the Membership Products in any manner that may harm minors or that interacts with or targets people under the age of eighteen (18);

(c) impersonate any person or entity, including, but not limited to, an employee of ours, an “Administrator”, an “Owner”, or any other authorized user, or falsely state or otherwise misrepresent your affiliation with RSAC or any other person, organization or entity;

(d) use the Membership Products to announce or disclose a zero-day exposure;

(e) use the Membership Products to post or transmit technical data that could be subject to export control regulation; (f) use the Membership Products in a way intended to harm RSAC or any other party; or

(g) authorize, permit, enable, induce or encourage any third party to do any of the above.

7.5 Responsible Disclosure. RSAC values the opinions and expertise of the cybersecurity community and encourages users to identify bugs, defects, errors, weaknesses or vulnerabilities, glitches and areas of concerns within the Membership Products in accordance with RSAC’s Responsible Disclosure Process described here.

8. THIRD-PARTY CONTENT AND LINKS TO THIRD-PARTY WEBSITES.

8.1 The Membership Products may contain links to third-party websites, services and resources (collectively, “Linked Content”). RSAC does not control, endorse, sponsor, or otherwise accept responsibility for any of this Linked Content. RSAC is not responsible for the availability of these outside resources, or their contents, information or privacy practices, and accordingly you will direct all concerns regarding any Linked Content to such site. When you access Linked Content, you accept that there are risks in doing so, and that RSAC is not responsible for such risks. In addition, RSAC will not and cannot monitor, verify, censor, or edit the content of any third-party site or service. By using the Membership Products, you release and hold the RSAC Parties harmless from any and all liability arising from your use of any third-party website or service contained in Linked Content.

8.2 Your interactions with organizations and/or individuals found through or in connection with the Membership Services, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that RSAC shall not be responsible or liable for any losses or damages of any sort incurred as the result of any such dealings.

9. DISCLAIMER OF WARRANTIES; INDEMNIFICATION; LIMITATION OF LIABILITIES.

9.1 RSAC does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Membership Products by any user, information provider or any other person or entity. RSAC will not be liable to you or any other person as a result of your interactions with other users. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information will be at your sole risk. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, THE MEMBERSHIP PRODUCTS AND ANY GOODS MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE MEMBERSHIP PRODUCTS ARE PROVIDED TO YOU “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, ACCESS TO AND USE OF THE MEMBERSHIP PRODUCTS, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY MATERIALS OR CONTENT AVAILABLE ON OR THROUGH THE MEMBERSHIP PRODUCTS. THE RSAC PARTIES DISCLAIM ALL WARRANTIES WITH RESPECT TO THE MEMBERSHIP PRODUCTS AND ANY GOODS OBTAINED OR MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE MEMBERSHIP PRODUCTS (INCLUDING THIRD PARTY CONTENT, PRODUCTS, AND SERVICES) TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE. WHILE WE TRY TO ENSURE THAT THE MEMBERSHIP PRODUCTS ARE ALWAYS AVAILABLE, UP-TO-DATE AND CORRECT, RSAC DOES NOT WARRANT THAT THE MEMBERSHIP PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERUPTIONS, AND INACCURACIES IN THE CONTENT OR OTHER MATERIAL MADE AVAILABLE THROUGH THE MEMBERSHIP PRODUCTS. YOU HEREBY ACKNOWLEDGE THAT THE USE OF THE MEMBERSHIP PRODUCTS IS AT YOUR SOLE RISK.

9.2 You hereby agree to indemnify, defend and hold harmless the RSAC Parties in connection with any claim arising out of: (a) any violation or alleged violation by you or any user of your account of these Terms of Service; (b) your use of, or activities in connection with, the Membership Products, including the Content and User-Generated Content; (c) any claim that any of your User-Generated Content or any use or exploitation thereof caused damage to, infringed upon, misappropriated, or otherwise violated the rights of a third party, including any past, present or future infringement, misappropriation, libel, defamation, invasion of privacy or right of publicity, or violation of any right related to any of the foregoing; or (d) your gross negligence or willful misconduct. You must cooperate as fully as reasonably required in the defense of any such claim. RSAC reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

9.3 IN NO EVENT WILL THE RSAC PARTIES BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THE MEMBERSHIP PRODUCTS, INCLUDING CONTENT OR USER-GENERATED CONTENT, FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, LOST REVENUES, LOST GOODWILL, OR COMPUTER FAILURE OR MALFUNCTION (COLLECTIVELY, THE “EXCLUDED DAMAGES”). THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE RSAC PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION 9 TO BE UNENFORCEABLE, THEN THE RSAC PARTIES’ LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW. THE MAXIMUM LIABILITY OF RSAC FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE LESSER OF (A) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO RSAC TO ACCESS AND USE THE MEMBERSHIP PRODUCTS IN THE TWELVE (12) MONTHS PRECEDING THE FIRST INCIDENT RESULTING IN SUCH DAMAGE, LOSS OR CAUSE OF ACTION OR (B) TWENTY DOLLARS ($20.00).

10. REGISTRATION AND SECURITY.

10.1 You will need to register prior to joining a Membership and using all or part of the Membership Products. You represent and warrant that all information submitted to us in connection with such registration is complete and accurate. We may reject, or require that you change, for any reason, any password or other information that you provide to us in registering.

Each registration and Membership is for a single user only. You are not allowed to share your login credentials or give your login credentials to anyone else. We may cancel or suspend your Membership if you share your login credentials. You may not: (a) select or use the login credentials of another person with the intent to impersonate that person; or (b) use login credentials that we, in our sole discretion, deem offensive. Your password is for your personal use only and should be kept confidential and you (and not RSAC) are responsible for any use or misuse of your password. We are not liable for any losses or damages arising from your failure to comply with any of the foregoing obligations. Failure to comply with these requirements will constitute a breach of these Terms of Service, which may result in immediate suspension or termination of your Membership.

10.2 You must promptly notify us of any known or suspected unauthorized use(s) of your password or account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.

10.3 You are responsible for all usage and activity associated with your Membership. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Membership, at our sole discretion, and we reserve all rights to take further action, including further investigation or to refer you to appropriate law-enforcement agencies.

10.4 We cannot and do not guarantee that any of the Membership Products will be free from viruses or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of the Membership Products.

11. FEES AND PAYMENTS.

11.1 11.1. We may change the Membership Products and/or the fees associated with your Membership at any time in our sole discretion. If the pricing for your Membership increases, we will notify you and provide you with an opportunity to cancel or change your Membership before (a) applying those charges to your account, in the case of a Basic Membership converting to a Professional Membership, or (b) charging you in connection with an automatic renewal of a Professional Membership. We may, in our sole discretion, choose to add, modify, or remove benefits and features from a Membership on a temporary or permanent basis. If you do not wish to continue your Membership with the new modifications, you may cancel or change your Membership. Your continued use of your Membership after the changes become effective will constitute your acceptance of any changes.

You shall pay all applicable taxes relating to the Memberships through your account. See our Terms of Sale for additional information regarding fees and payment.

12. CANCELLATION OF FUTURE CHARGES; TERMINATION OF MEMBERSHIP.

12.1 You may cancel future charges associated with a Professional Membership at any time prior to the end of your current membership period by logging into the Web-App and selecting “Membership” within your “Profile”. You can also find additional information regarding cancellation in our Membership Help Center, and you can contact our help center by chat or email (support@rsaconference.com) if you have additional questions or concerns.

12.2 Without limiting any other remedies, we reserve the right to suspend or terminate your Membership at any time and for any reason, with or without notice, without issuing a refund and without any further obligation to you, including if we determine, in our sole discretion, that your actions or your use of the Membership Products violate these Terms of Service (including our Community CoC) or our Terms of Sale, any applicable law, or has harmed or threatens to harm the Membership Products or another user.

12.3 Payments and cancellation of payments associated with Memberships are governed by the Terms of Sale.

13. GOVERNING LAW; JURISDICTION; SURVIVAL.

13.1 These Terms of Service have been made and will be construed and enforced in accordance with the laws of the United States of America and the State of New York as an agreement wholly performed in the State of New York without regard to their conflict of law provisions and the United Nations Conventions on Contracts (if applicable).

13.2 The Membership Products are controlled and operated by RSAC from the United States, and are not intended to subject RSAC to the laws or jurisdiction of any state, country, or territory other than that of the United States. In choosing to access any of the Membership Products, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules, and regulations. You are also subject to United States export controls and are responsible for any violations of such controls, including any United States embargoes or other federal rules and regulations restricting exports.

13.3 The provisions of these Terms of Service will survive the termination of (a) your Membership, and/or (b) your access to all or part of the Membership Products.

14. WAIVER OF CLASS ACTIONS; ARBITRATION; TERMINATION OF RIGHTS.

14.1 Binding Arbitration. ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT, YOUR USE OF THE MEMBERSHIP PRODUCTS, OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND RSAC (INCLUDING RSAC’S COLLECTION, STORAGE, USE AND DISCLOSURE OF INFORMATION PURSUANT TO RSAC’S PRIVACY STATEMENT), WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, SHALL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. BY YOUR ACCESS TO OR USE OF ANY OF THE MEMBERSHIP PRODUCTS, YOU AGREE THAT YOU AND RSAC ARE EACH WAIVING OUR RIGHT TO TRIAL BY A JURY. BY YOUR ACCESS TO OR USE OF ANY OF THE MEMBERSHIP PRODUCTS, YOU AGREE THAT ANY ARBITRATION UNDER THESE TERMS OF SERVICE WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND, BY YOUR ACCESS TO OR USE OF ANY OF THE MEMBERSHIP PRODUCTS, YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION. The arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules, as amended by this Agreement. Any in-person hearings or appearances shall be held in New York County, State of New York, U.S.A. Arbitration proceedings shall be conducted in a manner that preserves confidentiality. The arbitrator’s decision shall follow these Terms of Service and shall be final and binding. The arbitrator shall have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms of Service, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.

14.2 TERMINATION OF RIGHTS. ANY CLAIM BROUGHT BY YOU ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE, A MEMBERSHIP OR THE MEMBERSHIP PRODUCTS, INCLUDING THE CONTENT, MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED, WHICH MEANS THAT YOU WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM.

14.3 Opt-out. You have the right to opt out and not be bound by the binding arbitration by sending written notice of your decision to opt out to legal@rsaconference.com with the subject line “ARBITRATION OPT-OUT.” The notice must be sent within thirty (30) days of your first use of the Membership Products. Otherwise, you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of the binding arbitration, you are agreeing to resolve any disputes in accordance with the Governing Law; Jurisdiction section of these Terms of Service.

14.4 All provisions of this Section 14 will survive termination of these Terms of Service and the Terms of Sale, your relationship with us, and/or your Membership.

14.5 If there is a dispute between users of the Membership Products, or between users and any third party, you agree that RSAC is under no obligation to become involved in such dispute. In the event that you have a dispute with one or more other users, you hereby release the RSAC Parties from any and all claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, and disclosed or undisclosed, arising out of or in any way related to such disputes and/or the Membership Products.

15. PRIVACY. Please refer to RSAC’s Privacy Statement, which applies to your use of the Membership Products. You agree that all information you provide through your use of the Membership Products is governed by our Privacy Statement and you consent to all actions we take with respect to your information consistent with the Privacy Statement. You agree that all information that you provide to us is true, accurate and complete, and that you will maintain and update such information regularly. Please review RSAC’s Privacy Statement carefully before using the Membership Products.

16. MISCELLANEOUS.

16.1 Our failure to enforce any provision of these Terms of Service or to respond to a breach by you or other parties will not in any way constitute a waiver of our right to enforce subsequently any terms or conditions of these Terms of Service or to act with respect to similar breaches.

16.2 All parts of these Terms of Service apply to the maximum extent permitted by applicable law. However, you may have greater rights in your jurisdiction of residence. If, in any jurisdiction, any provision of these Terms of Service or their application to any party or circumstance is restricted, prohibited, or unenforceable, that provision will, as to that jurisdiction, be ineffective only to the extent of such restriction, prohibition, or unenforceability, without affecting the validity or enforceability of any other provision set forth in these Terms of Service in any other jurisdiction or affecting the application of the Terms of Service to other parties or circumstances.

16.3 Feedback. Unless we expressly agree otherwise in writing, if you provide us with any ideas, proposals, suggestions or comments related to the Membership Products (“Feedback”), you hereby acknowledge and agree that (a) your provision of any Feedback is gratuitous, unsolicited and without restriction and does not place RSAC under any fiduciary or other obligation; and (b) any Feedback is the property of RSAC and RSAC has no confidentiality obligations with respect to such Feedback.

16.4 The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on or in connection with the Memberships infringe your copyright, you (or your agent) may send RSAC a written notice by mail, email, or fax, requesting that RSAC remove the material or block access to it. Notices must meet the then-current statutory requirements imposed by the DMCA. See https://www.copyright.gov/ for details. Please be advised that to be effective the notice must include ALL of the following:

(a) a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;

(b) a description of the copyrighted work that you claim has been infringed;

(c) a description of where the material that you claim is infringing is located;

(d) your address, telephone number, and email address and all other information reasonably sufficient to permit us to contact you;

(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send RSAC a counter-notice. Counter-notices must meet the then-current statutory requirements imposed by the DMCA. See https://www.copyright.gov/ for details. Please be advised that to be effective the counter-notice must include ALL of the following:

(a) your physical or electronic signature;

(b) a description of the materials that have been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

(c) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and

(d) your name, address and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, and that you will accept service of process from the person who provided notification of the alleged infringement.

Notices and counter-notices must be sent to RSAC’s DMCA Agent as follows:

  • By mail to RSA Conference LLC, Attn: Copyright Agent/Legal, 166 Geary Street, Suite 1500, San Francisco, CA 94108
  • By email to legal@rsaconference.com; or by fax to 415.406.2883.

16.5 You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of RSAC, and you do not have any authority of any kind to bind RSAC in any respect whatsoever. Except as expressly set forth in Section 18.2, you and RSAC agree there are no third-party beneficiaries intended under these Terms of Service.

16.6 You may not assign, transfer, or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent, and any prohibited assignment, transfer or sublicense is void. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction.

16.7 Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. The use of “including” and “e.g.” herein is not exhaustive (that is, they are interpreted to include “without limitation”), unless qualified by words such as “only” or “solely.”

16.8 These Terms of Service, together with all other applicable terms referred to herein, are the entire Agreement between you and RSAC relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and RSAC relating to such subject matter.

16.9 Without limitation, you agree that a printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

16.10 RSAC will not be responsible for failures to fulfill any obligations due to causes beyond its control.

17. CONTACT US; NOTICES.

17.1 Customer Service. If you have a question or complaint regarding your account, the Memberships or the Membership Products or if you need to report any violations of these Terms of Service, including violations of the Community CoC, please (a) e-mail us at support@rsaconference.com, or (b) utilize the reporting mechanisms incorporated into the Membership Products. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include payment information (such as credit card information) or other sensitive information in your e-mail correspondence with us.

17.2 Notices.

You consent to receive notifications from us electronically (a) to the email address you provide to us, and (b) through the Membership Products. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing and/or be delivered in a particular manner. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form. You agree to provide legal notices to us in writing to RSA Conference LLC, Attn: Legal Department, 166 Geary Street, Suite 1500, San Francisco, CA 94108, with copy by email (legal@rsaconference.com), such notices to be effective upon proper delivery and actual receipt thereof by RSAC.

18. SPECIAL TERMS.

18.1 Beta Testing.

RSAC may invite you to review and evaluate software, applications, downloads or other features prior to their public or commercial release (hereafter “Beta Test Services”). If you choose to participate in Beta Test Services, you agree to be bound by the terms set forth in this Section18.1 and to provide RSAC with certain feedback and suggestions regarding your experiences while reviewing and evaluating the Beta Test Services (“Beta Feedback”). RSAC may ask you to enter into a confidentiality agreement for each specific Beta Test Service. If so, your participation as a tester (“Tester”) is subject to the terms of that confidentiality agreement, in addition to the following terms and conditions which apply to all Beta Test Services.

You further agree that the Beta Test Services and any materials in the Beta Test Services, including content (collectively, “Pre-Release Materials”), are confidential or proprietary information of RSAC. You agree as a condition of participating in Beta Test Services to: (a) not copy or reproduce the Pre-Release Materials; (b) safeguard the Pre-Release Materials and prevent unauthorized access to, reproduction of, disclosure of and/or unauthorized use of, the Pre-Release Materials; and (c) if applicable, fully comply with the terms and conditions of the confidentiality agreement.

You agree that any breach of the above obligations will cause irreparable harm to RSAC, and RSAC is entitled to (in addition to any other remedies available to it) injunctive or other equitable relief to prevent the breach or threatened breach of your obligations. Your obligation to keep the Pre-Release Materials confidential will continue until RSAC publicly distributes or has otherwise disclosed to the public through no fault of yours, the Pre-Release Materials that you are testing.

Upon request, you agree to immediately delete all copies of the Pre-Release Material in your possession.

You are invited to use Beta Test Services for the sole purpose of evaluating the Beta Test Services and assisting RSAC in identifying errors. Nothing in these Special Terms or these Terms of Service will be construed as granting you any rights or privileges of any kind with respect to the Beta Test Services or other content. The Beta Test Services are provided on an “as is” and “as available” basis and RSAC makes no warranty to you of any kind, express or implied.

By using the Beta Test Services, you agree that: (a) participating in Beta Test Services is at your own risk and you know that the Beta Test Services may include known or unknown bugs; (b) any status indicators or preferences saved within Beta Test Services may be erased at any time; (c) RSAC has no obligation to make these Beta Test Services available with or without charge for any period of time, nor to make them available at all; (d) these Terms of Service also apply to your use of the Beta Test Services; (e) if requested, you will keep all information about the Beta Test Services confidential as stated above; (f) any Beta Feedback you provide will become the property of RSAC without any right to compensation or other obligation from RSAC; (g) RSAC may (or may not) use or otherwise exploit all or part of your Beta Feedback or any derivative of it in any manner or media now known without any further remuneration, compensation or credit to you; (h) your participation to the Beta Test Services is on a purely voluntary basis and in consideration of the opportunity to assist RSAC with the Beta Test Services; and (i) nothing in these Special Terms or your participation in the Beta Test Services creates any employment relationship between you and RSAC.

In case of conflict between these Special Terms set forth in this Section 18.1 and the rest of the Terms of Service, these Special Terms will prevail.

18.2 Terms for Apple Product Users. If the Application that you download, access, and/or use is downloaded from the Apple App Store:

Both you and RSAC acknowledge that the Terms of Service are between you and RSAC only, and not with Apple, and that Apple is not responsible for the relevant mobile applications (“App”) or the Content;

(a) The App is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Membership Products for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms of Service as they are applicable to the Membership Products;

(b) You will only use the App in connection with an Apple device that you own or control;

(c) Both you and RSAC acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App;

(d) In the event of any failure of the App to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the App and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be RSAC’s sole responsibility;

(e) Both you and RSAC acknowledge and agree that Apple is not responsible for addressing any claims from you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation;

(f) Both you and RSAC acknowledge and agree that, in the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, RSAC, and not Apple, will be responsible for the investigation, defense, settlement, and discharge of any such infringement claim;

(g) You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;

(h) Both you and RSAC acknowledge and agree that, in your use of the App, you will comply with any applicable third-party terms of agreement which may affect or be affected by such use; and

(i) Both you and RSAC acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms of Service, and that upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as the third-party beneficiary of the Terms of Service.