TERMS AND CONDITIONS

 
Updated: July 28, 2014

Acceptance of the Agreement

This, the National Association of Professional Band Instrument Repair Technicians, (NAPBIRT) Website, and all of its Websites and information are provided to you under these "Terms of Use" and any amendments to these Terms of Use that may be posted by NAPBIRT from time to time (collectively, the "Agreement"). BY ACCESSING, BROWSING AND/OR USING THIS SITE AND/OR ANY WEBSITE PROVIDED BY NAPBIRT, YOU AGREE TO BE BOUND BY THE AGREEMENT. The Agreement constitutes the entire agreement between you and NAPBIRT and supersedes any prior agreements between you and NAPBIRT regarding the use and contents of this Website.

Privacy

NAPBIRT is committed to protecting your privacy. The information that we obtain through your use of the site, or through any registration process or otherwise, is subject to our Privacy Policy.

Modifications to this Agreement

NAPBIRT may make changes to this Agreement from time to time in its sole discretion, and will post any such changes on the Website. Your use of the Website after any changes are made constitutes your acceptance of any such changes.

Modification or Suspension of the Website

NAPBIRT may, in its sole discretion, and at any time, discontinue, suspend or modify its operation of this Website, or any part thereof, temporarily or permanently, without notice to you, and NAPBIRT shall not be liable for any consequences to you from that action.

User Content

All text, graphics, software, music, sound, photographs, videos, messages, posts, data, information, or other materials ("Content") are the sole responsibility of the person from whom the Content originated. Thus, you are responsible for all Content that you disseminate or transmit through or by means of the Website.

You shall not use the Website in any way to:
  1. post, disseminate or transmit any Content that is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortuous, libelous, or invasive of another's privacy;
  2. post, disseminate or transmit any Content which infringes or violates any party's copyright, trademark, trade secret, patent or other proprietary right, including but not limited to using third party copyrighted materials without appropriate permission, using third party trademarks without appropriate permission or attribution, and using or distributing third party information protected as a trade secret in violation of a duty of confidentiality;
  3. post, disseminate or transmit any viruses or other harmful, disruptive or destructive files, code or programs;
  4. intentionally or unintentionally violate any local, state, national or international law;
  5. post, disseminate or transmit any unauthorized advertising, promotional materials, chain letters, spam, junk mail or any other type of unsolicited mass e-mail to people or entities that have not agreed to be part of such mailings;
  6. impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, forge headers or otherwise manipulate identifiers to disguise the origin of any Content transmitted through the Website;
  7. disseminate or transmit any Content you do not have the right to disseminate or transmit under law, or contractual or fiduciary relationships;
  8. disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
  9. interfere with, disrupt, or harm in any way the Website or servers or networks connected to the Website;
  10. stalk or otherwise harass another;
  11. collect or store personal data about other users;
  12. harm minors in any way;
  13. engage in any activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law;
  14. intentionally omit, delete, forge or misrepresent transmission information, including headers, return mailing and Internet protocol addresses;
  15. engage in any activities intended to withhold or cloak identity or contact information;
  16. use the Website for any illegal purpose, in violation of any applicable laws or regulations or in violation of the rules of any other Websites providers, websites, chat rooms, or the like.

User Content

NAPBIRT and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Website. Without limiting the foregoing, NAPBIRT and its designees shall have the right to remove any Content that violates these Terms of Use or is otherwise objectionable in the absolute discretion of NAPBIRT. You must evaluate, and you will bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. NAPBIRT may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of NAPBIRT, its users and the public. The technical processing and transmission of the Website, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

By posting Content to the Website, or by transmitting Content using the Website, (1) you represent and warrant to NAPBIRT that you have all necessary permission to post or transmit the information, and (2) you grant to NAPBIRT a worldwide, non-exclusive, perpetual, royalty-free, fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.

International Use

You must comply with all applicable local laws regarding online conduct and acceptable Content, including without limitation, laws regarding the transmission of technical data exported from the United States or the country in which you reside.

No Reselling of Website

You may not sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of the Website, or sell use of or access to the Website.

Termination

NAPBIRT may, in its sole discretion, and at any time, terminate your use of the Website, and may remove or delete any Content within the Website, for any reason, without prior notice to you. NAPBIRT shall not be liable to you or to any third-party for any termination of your use of or access to the Website. In the event of any termination of this Agreement or your use of or access to the Website, the provisions regarding Proprietary Rights, Indemnification, Disclaimer or Warranties, and Limitations of Liability shall survive any such termination.

Proprietary Rights

You should assume that content available through the Website, including without limitation, content in the form of text, graphics, software, music, sound, photographs, and videos, and content provided by suppliers, sponsors, or third party advertisers, is protected by copyrights, trademarks, Website marks, patents, or other proprietary rights and laws regardless of whether or not a copyright notice appears on all material, unless otherwise noted. Except as expressly authorized by NAPBIRT or the applicable supplier, sponsor or advertiser, users may not copy, modify, rent, lease, loan, sell, assign, distribute, license, reverse engineer or create derivative works based on the Website or any content (including without limitation any software) available through the Website.

Permission to Use Materials

In consideration for your agreement to the terms and conditions contained herein, NAPBIRT grants you a personal, non-exclusive, non-transferable license to access and use the Sites. User may download material on a single computer from the Sites only for User’s own personal, non-commercial use provided that you keep intact all copyright, trademark, and other proprietary notices. Modification of Content or use of Content for any other purpose is a violation of the rights of NAPBIRT, or third parties. Using this information for commercial gain, or taking control of the information by reusing or reposting without prior approval from NAPBIRT would be detrimental to NAPBIRT and is a violation of international copyright law. In addition, you agree to indemnify, defend and hold harmless NAPBIRT for any and all unauthorized uses you may make of any material on the site. For permissions or to advise of links to this site, e-mail: napbirt@napbirt.org.

Disclaimer of Warranties YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NAPBIRT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

NAPBIRT DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES NAPBIRT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE, AS TO THE QUALITY OF ANY PRODUCTS, WEBSITES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE OR AS A RESULT OF THE WEBSITE, OR AS TO ANY TRANSACTIONS ENTERED INTO BY USE OF OR AS A RESULT OF THE WEBSITE.

ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK, AND NEITHER NAPBIRT, NOR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS WILL BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NAPBIRT OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Limitations of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL NAPBIRT OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, USE, DATA, GOODWILL, OR OTHER INTANGIBLES, EVEN IF NAPBIRT OR ITS SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (1) THE USE OR THE INABILITY TO USE THE WEBSITE, (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND WEBSITES RESULTING FROM ANY GOODS, DATA, INFORMATION OR WEBSITES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO BY MEANS OF OR THROUGH THE WEBSITE, (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, OR, (5) ANY OTHER MATTER RELATING TO THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

Storage of Content

NAPBIRT may establish, in its sole discretion and without prior notice to you, a maximum amount of storage space that it will maintain for Content disseminated or transmitted through the Website. NAPBIRT shall have no responsibility or liability for the deletion or failure to store any messages, communications or other Content maintained, disseminated or transmitted through the Website.

Your Contact With Third Parties

Your dealings with third parties found on or through the Website, including your participation in promotions, the payment for and delivery of goods and Websites, and any terms, conditions, warranties, or representations associated with such dealings are solely between you and the third party. NAPBIRT does not make any representations or warranties with respect to any goods or Websites which may be obtained from such third parties, and NAPBIRT will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third parties on the Website.

Links

The Website, or third parties on the Website, may provide links to other sites and/or resources over which NAPBIRT has no control. NAPBIRT has no responsibility for and no liability for the availability of such external sites or resources, or for the Content, advertising, products or other materials available through such sites or resources.

Indemnification

You agree to indemnify and hold harmless NAPBIRT, its affiliates, officers, directors, agents, employees, co-branders or other partners, and suppliers, from any claim, demand, action, or damage, including reasonable attorneys' fees, made by any third party due to, arising out of, or related to your use of the Website, Content you submit, post, or transmit through the Website, your violation of the Agreement or any rights of another, or your connection to the Website.

Service Notices

NAPBIRT and NAPBIRT logo and trade dress are servicemarks of NAPBIRT. You may not use or display these marks without NAPBIRT's prior written consent. All other trademarks/servicemarks appearing on the Website are the property of their respective owners.

Copyright, Copyright Agent

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide NAPBIRT's Copyright Agent the following information:
  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. A description of the copyrighted work that you claim has been infringed;
  3. A description of where the material that you claim is infringing is located on the Website;
  4. Your address, telephone number, and email address;
  5. 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;
  6. 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 the copyright owner's behalf.

NAPBIRT's Copyright Agent for Notice of claims of copyright infringement on its site is:

NAPBIRT, Inc
PO Box 51
Normal, IL 61761
Phone: 309.452.4257
Fax: 309.452.4825

www.napbirt.org     napbirt@napbirt.org

Applicable Law, Forum

This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to its conflict of laws provisions. You and NAPBIRT agree to submit any dispute arising under this agreement to the exclusive jurisdiction of the federal and state courts located within the county of McLean, IL.

Miscellaneous

If any provision of this Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in this Agreement shall continue in full force and effect.

You agree that any claim or cause of action you may assert arising out of your use of the Website or this Agreement must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Any failure by NAPBIRT to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.

Additional Information

This website is an official bulletin of NAPBIRT and is intended to provide general information. It contains policies, regulations, procedures and fees effective January 1, 2014.

NAPBIRT reserves the right to make changes at any time to reflect current board policies, administrative regulations and procedures, amendments by state law and fee changes. Information provided on this website is subject to change without notice and does not constitute a contract between NAPBIRT and a user. NAPBIRT is not responsible for any misrepresentation or provisions that may arise as a result of errors in preparation.