- Personal Login Information. Certain features and areas of the TechAmerica Websites are available only to TechAmerica Members. TechAmerica Members given logins and passwords (“Personal Login Information”) must keep your Personal Login Information confidential, including taking appropriate measures to maintain the confidentiality, such as logging off and closing the Internet browser, especially when you are connected to the Internet through an unsecured network or when using a public computer. Your Personal Login Information is personal to you and you may not allow any third party to use it under any circumstances. TechAmerica is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Personal Login Information. You must contact TechAmerica immediately if you become aware of or believe there is or may have been any unauthorized use of your Personal Login Information, or otherwise wish to deactivate your Personal Login Information due to security concerns.
- User Obligations. You warrant that you will abide by, without limitation, all applicable local, state, national and international laws and regulations with respect to your use of the TechAmerica Websites and not interfere with the use and enjoyment of the TechAmerica Websites by other users. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on the TechAmerica Websites, including, without limitation, information required to be provided through a TechAmerica Website registration form. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by you, TechAmerica reserves the right to terminate your access and use of the TechAmerica Websites. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the TechAmerica Websites, or defame or otherwise harm any party, including, through your use of the TechAmerica Websites.
- Proprietary Rights. The content of the TechAmerica Websites includes, without limitation, (i) TechAmerica’s trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively “TechAmerica Marks”); and (ii) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, including podcasts, and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through the TechAmerica Websites (the items identified in subsections (i) (ii) and (iii) shall be collectively referred to herein as “TechAmerica Content”). TechAmerica Content is the property of TechAmerica, its licensors, sponsors, partners, advertisers, content providers or other third parties and is protected by law including, but not limited to, copyright, trade secret, patent, and trademark law, as well as other state, national and international laws, treaties and regulations. The reproduction, transmission, distribution, sale, publication, broadcast, circulation or dissemination of any TechAmerica Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from the or the owner of such content if the is not the owner. Any use of the TechAmerica Marks without TechAmerica’s express written consent is strictly prohibited. You may not alter, delete, obscure or conceal any copyright or other notices appearing in the TechAmerica Content, including any such notices appearing on any TechAmerica Content you are permitted to download, transmit, display, print, or reproduce from the TechAmerica Websites.
- Responsibility for Use of the Internet and Websites and Exclusion of Liability. Use of the Internet and the TechAmerica Websites is solely at your risk and is subject to, without limitation, all applicable local, state, national and international laws and regulations. Unless expressly required by law, TechAmerica does not guarantee the confidentiality or security of any communication or other material transmitted to or from the TechAmerica Websites over the Internet or other communication network. TechAmerica shall not be obligated to correct or update the TechAmerica Websites or the TechAmerica Content and shall not be liable for omissions, typographical errors, or out-of-date information which may appear on the TechAmerica Websites.
- No Legal Advice and Disclaimer as to Accuracy of Information. The information on the TechAmerica Websites and TechAmerica Content is for informational purposes only, and is not legal advice or a substitute for legal counsel.
- Third Party Information. The TechAmerica Websites may feature materials, information, products, and services provided by third parties. Any such information, including but not limited to articles, press clippings, opinions, advice, statements, services, offers or other information made available by third parties such as content providers and other users of the TechAmerica Websites are those of the respective third party and not of TechAmerica or its affiliates. TechAmerica makes no representation with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third party materials, information, services or products.
- Notice for Claims of Intellectual Property or Copyright Infringement; Agent for Notice of Infringement. TechAmerica respects the intellectual property of others, and, particularly as to user generated content in comments and on discussion boards, as applicable, we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide TechAmerica’s Association Counsel the following information:
a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b) a description of the copyrighted work or other intellectual property that you claim has been infringed;
c) a description of where the material that you claim is infringing is located on the site;
d) your address, telephone number, and email address;
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 or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
TechAmerica’s Association Counsel for notice of claims of copyright or other intellectual property infringement can be reached as follows:
Attn: Association Counsel
601 Pennsylvania Ave., NW
North Building, Ste. 600
Washington, D.C. 20004
By phone: (202) 682-9110
By fax: (202) 682-9111
By email: email@example.com
- Advertisers. The TechAmerica Websites may contain advertisements of third parties. The inclusion of advertisements on the TechAmerica Websites does not imply endorsement of the advertised products or services by TechAmerica. TechAmerica shall not be responsible for any loss or damage of any kind incurred as a result of the presence of such advertisements on the TechAmerica Websites. Further, TechAmerica shall not be responsible or liable for the statements or conduct of any third party advertisers appearing on the TechAmerica Websites. You shall be solely responsible for any correspondence or transactions you have with any third party advertisers.
- Links to Third Party Websites. The TechAmerica Websites may provide links (including any link through an on-line banner advertisement) to other sites on the Internet for your convenience, or for discount opportunities. These other sites are maintained by third parties, over which, TechAmerica exercises no control. The appearance of any such third party links is not intended to endorse any particular company or product. If you decide to access any of the third party sites linked to the TechAmerica Websites, you do so entirely at your own risk.
- Links to Websites, Content, Sharing of Content. Links posted by third parties to the TechAmerica Websites and/or TechAmerica Content may not use the TechAmerica trademark or logo and shall not suggest that TechAmerica promotes or otherwise endorses any third party products, business relationships, services, causes, campaigns, Websites, content, or information. Any links to any portion of the TechAmerica Websites shall be the responsibility of the linking party. TechAmerica reserves the right to require any linking party to disable or remove any link that violates TechAmerica’s policies, rights or causes interruption or deterioration of TechAmerica Content. You may download or copy TechAmerica Content and other downloadable items displayed on the TechAmerica Websites for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any TechAmerica Content for other than personal use is expressly prohibited without prior written permission from TechAmerica, or the copyright holder identified in the copyright notice contained in the TechAmerica Content.
- Comments and Postings on the TechAmerica Websites. The purpose of the TechAmerica Websites is to serve as a mechanism for information being provided to our Members and the public. On some pages of the TechAmerica Websites, TechAmerica allows viewers to post comments. TechAmerica reserve the right, in its sole discretion, to change, modify, add, or delete comments or posts, photos, and videos at any time.
Among the factors TechAmerica will use when deciding to edit/remove a comment are if the comments:
a) demean other people or companies
b) are libelous/slanderous or uses obscenities
c) are inaccurate
d) are identified by staff as SPAM messages
e) not topically related to the particular article being commented upon
f) are in support of or opposition to political campaigns
g) are of the sexual nature or links to sexual content
h) conduct or encourage illegal activity
TechAmerica reserves the right to reproduce any pictures or videos posted to any of the TechAmerica Websites and to quote any comments or suggestions left by users.
The views, postings, positions, opinions or comments posted or expressed on the TechAmerica Websites do not necessarily reflect those of TechAmerica.
- Warranties Disclaimed. THE TECHAMERICA WEBSITES AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER TECHAMERICA, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, MEMBERS, OR DIRECTORS NOR ANY OF ITS AGENTS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, CONTRACTORS, PROMOTIONAL PARTNERS, OR LICENSORS (COLLECTIVELY “TECHAMERICA PARTIES”) PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT (i) THE TECHAMERICA WEBSITES OR TECHAMERICA CONTENT, OR ANY RESULTS THAT MAY BE OBTAINED BY YOU, ARE COMPLETE, ACCURATE, RELIABLE OR NON-INFRINGING; (ii) ACCESS TO THE TECHAMERICA WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE TECHAMERICA WEBSITES WILL MEET YOUR EXPECTATIONS; OR (iv) TECHAMERICA CONTENT WILL REMAIN UNCHANGED OR ACCESSIBLE ON THE TECHAMERICA WEBSITES. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
- Exclusion of and Limitation of Liability. THE TECHAMERICA PARTIES SHALL NOT BE LIABLE, AND DISCLAIM ANY LIABILITY, FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER IN CONNECTION WITH, AS A RESULT OF, OR ARISING (i) OUT OF THE USE OF OR INABILITY TO USE THE TECHAMERICA WEBSITES AND/OR ANY TECHAMERICA CONTENT; (ii) FROM ANY INTERRUPTION IN THE AVAILABILITY OF THE TECHAMERICA WEBSITES AND/OR TECHAMERICA CONTENT; (iii) FROM ANY LOSS OF DATA AND/OR FROM ANY EQUIPMENT FAILURE; (iv) OUT OF THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY PROBLEMS WITH THE GOODS, CONTENT AND/OR SERVICES PURCHASED OR OBTAINED FROM THE TECHAMERICA WEBSITES, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE TECHAMERICA WEBSITES; (v) FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (vi) FROM STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE TECHAMERICA WEBSITES; (vii) FROM ANY DELAY OR FAILURE OF THE TECHAMERICA WEBSITES ARISING OUT OF CAUSES BEYOND TECHAMERICA ‘S CONTROL; (viii) OUT OF THE USE OF, REFERENCE TO, OR RELIANCE ON, THE TECHAMERICA CONTENT; (ix) OUT OF ANY THIRD PARTY MATERIALS, INFORMATION, PRODUCTS AND SERVICES CONTAINED ON, OR ACCESSED THROUGH, THE TECHAMERICA WEBSITES (x) OUT OF ANY CONTENT, MATERIALS, ACCURACY OF INFORMATION, AND/OR QUALITY OF THE PRODUCTS, SERVICES OR MATERIALS PROVIDED BY OR ADVERTISED ON THIRD PARTY WEBSITES; OR (xi) OUT OF ANY OTHER MATTER RELATING TO THE TECHAMERICA WEBSITES OR TECHAMERICA CONTENT.
- Exclusions permitted by law. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 15 AND 16 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND ‘S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Neither party consents or agrees to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. Any claim or controversy as to the enforceability of this arbitration provision’s restriction on your right to participate in or pursue a class action or class-wide arbitration shall be brought only in courts of the Commonwealth of Virginia.
- Statute of Limitations. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the TechAmerica Websites must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.
Updated: July 6, 2011