Last Updated October 20, 2015
ACCEPTANCE OF TERMS
You agree not to post any text, files, images, video, audio, or other materials (“Content”) or use the Websites in any way that:
- infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
- violates any state, federal, or other law;
- threatens, harasses, or is libelous;
- is harmful to minors;
- contains self-benefiting advertising or marketing in public areas of the Websites that have not been paid for and are not designated for the addition of promotional content;
- produces Software viruses or code harmful to other computers;
- disrupts the normal dialogue of users of the Websites;
- employs misleading or false information;
- uses forged headers or other items to manipulate identifiers in order to disguise the origin of Content.
You agree not to decode or reverse engineer or otherwise attempt to discover any source code contained within the Websites.
Unless you receive explicit permission, you agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any aspect of the Websites. Any business that registers with a listing or purchases advertising or any other service (“Customer”) has the right and permission to manage their listing or purchased advertising or other service to their commercial benefit so long as the codes of conduct above are not violated.
You understand that all Content posted on, transmitted through, or linked from the Website, are the sole responsibility of the person from whom such Content originated. You understand that Company does not control, and is not responsible for Content made available through the Website, and that by using the Website, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.
If you believe that Content on the Website(s) violates your copyright(s), you may file a Digital Millennium Copyright Act (DMCA) notification by submitting your claim via email to firstname.lastname@example.org, via fax to 1-908-275-9105 or via mail to 90 Washington Valley Road # 1128, Bedminster, NJ 07921 with supporting documentation to establish your rights. In order for us to process your claim, you must fully comply with the laws established by the DMCA, which, in summary, include (a) notification to the correct party; (b) delivery of your notification viaÂ email, or registered mail; (c) clear identification of the date and your jurisdiction, including your contact information; (d) clear identification of yourself and your website; (e) clear identification of the copyright violator; (f) clearly outline the copyright violations using searches, screenshots, and so forth; (g) demand removal of the offending material; and (h) attest, under penalty of perjury, that you are the owner of the copyright and include your copyright registration information, if registered.
By adding Content to the Websites, you grant, and you represent and warrant, that you have the right to grant to Company an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content.
By adding a new listing to the nacbi.org directory and advertising on the Websites you certify that the information that your provide is accurate and truthful and that you are in good standing with your local licensing/registration authority and that you are authorized/permitted to operate a standard business in your state. To the extent, while you have an active profile on nacbi.org, there is a change in your status with any state regulatory or other authority, or you become the subject of any disciplinary action by any state regulatory or other authority, it is your responsibility to update your listing to reflect the new status and you must immediately notify nacbi.org of such change.
These Websites and some of the Content on these Website contain links to other resources on the Internet. Such links are provided as aids to assist you in identifying and locating other Internet resources that may be of interest to you, and are not intended to state or imply that Company sponsors, endorses, are affiliated or associated with, or are legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in said links.
Information at our Website may be outdated due to the date and the method of the collection or may be incorrect. If you find information on the Website that you believe to be in error, please contact us with the specifics and we will investigate the matter and where we are allowed by our data source we will update the information. If information belongs to you and we can not update it then you have the right at any time to request that it be removed from the Website. Company also reserves the right in its sole discretion to remove from the Website any information that the Company deems to be false, misleading, or inappropriate, or for any other reason.
Information provided for membership data and member or other directories is proprietary to NACBI and is protected under U.S. copyright law and international treaty provisions. This information is licensed for your personal or professional use and may not be resold or provided to others. You may not distribute, sell, rent, sublicense, or lease such information, in whole or in part to any third party; and you will not make such information available in whole or in part to any other user in any networked or time-sharing environment, or transfer the information in whole or in part to any computer other than the PC used to access this information. If your information is listed and you wish to be removed from the directory please submit this request in writing via the Contact Us area.
Company allows the crawlers of Google, Yahoo, Bing, Ask and others to retrieve the Website pages automatically. The use of other automated tools, that can impact the performance of the site, to download data from the Website is expressly prohibited.
CONSENT TO RECEIVE MESSAGES
By using the Websites, you consent to receive email, phone and SMS text messages from Company. Any messages that are not nacbi.org or nacbi.org account and service related will allow you to opt out of the receipt of such messages; provided however, you may not opt out of receiving nacbi.org account and service related messages that relate to the provision and management of your listing and membership with nacbi.org. To be removed from nacbi.org account and service related messages you may forfeit your membership at Website and discontinue use of nacbi.org and nacbi.org services. To delete your membership account please submit this request via the Contact Us area. You further affirm that all fees for membership or other services (such as a nacbi.org course) paid are forfeited.
LIMITATIONS AND TERMINATION
Company may create limitations of your use of the Website including, but not limited to, the number of times you may access the Website and the amount of information that you may post to the Website. Limitations can include full termination of your access to the Website and you agree that Company has the right at any time, in its sole discretion, with or without notice, to modify or discontinue the Website (or any part thereof), to delete or deactivate your account and immediately remove and discard any Content within the Websites. Company’s right to terminate shall also apply to the termination of services and membership that are paid for by Customer and sole compensation for termination of such paid services, if the termination is initiated by the Company, shall be a pro-rated refund based on the remaining time left on such service(s) or membership(s); provided however, no refund shall be due if termination was the result of a violation by you of the Terms of Service. You shall have the right to terminate any paid service prior to any renewal date in which case your service will not renew at the renewal date and no renewal costs will be charged; however, you will not receive a pro-rated refund for the time remaining until the end of the current period unless you terminate pursuant to a Company satisfaction guarantee and you terminate within the guarantee period and according to the guarantee requirements in which case the guarantee provisions will apply. Further, you agree that Company shall not be liable to you or any third-party for any termination of your access to the Website whether a free or paid service and for the disruption or loss of business that may or may not result from the Company terminating the Website or your service(s)/membership(s) on the Website.
DISCLAIMER OF WARRANTIES
THE COMPANY WEBSITE AND ANY INCLUDED SERVICES/MEMBERSHIPS ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION THE WARRANTIES THAT IT IS FREE OF DEFECTS, ERRORS, VIRUSES, MERCHANTABLE AND THAT IT IS FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. YOUR USE OF THESE WEBSITES IS AT YOUR OWN RISK. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL COMPANY BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITES INCLUDING BUT NOT LIMITED TO DAMAGES THAT ARISE FROM YOUR INABILITY TO USE THE WEBSITES OR THE SERVICES, OR THE INTERRUPTION, MODIFICATION, OR TERMINATION OF THE WEBSITE(S) OR ANY SERVICES OR PART THEREOF.
VIOLATION OF TERMS
You agree that monetary damages may not be a sufficient remedy for any breach of this Agreement and that Company shall be entitled, without waiving any other rights or remedies, to seek injunction or equitable relief as may be deemed proper by a court of competent jurisdiction.