Effective: May 25, 2018
Please note the arbitration provision set forth below, requiring you to arbitrate any claims you may have against NACUBO on an individual basis. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED OR REPRESENTATIVE CAPACITY.
A. Updates to Terms
NACUBO reserves the right to modify, update or amend the Terms at any time. Any modifications will become effective immediately upon posting to the Sites. Your continued use of the Sites constitutes your acceptance of the Terms, as modified. When we make changes, we will post the revised Terms with the new effective date on the Sites. For these reasons, we encourage you to review the Terms whenever you use the Sites. If you do not agree to these Terms, please do not use the Sites.
B. Chat Rooms, Forums and Blogs
NACUBO cannot and does not review every posting made in chat rooms, forums, blogs, and other public posting areas. You can expect these areas to include content, information and opinions from a variety of individuals and organizations other than NACUBO. We do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user or a member of our staff. There is no substitute for healthy skepticism and your own good judgement. Responsibility for what is posted on NACUBO’s chat rooms, forums, blogs and other public posting areas on the Sites lies with each user—you alone are responsible for material you post. NACUBO does not control the messages, information or other content that you or others may provide through the Sites. You may use the Sites for lawful purposes only.
By using the Sites, you agree not to submit, post or transmit through the Sites any material or otherwise engage in any conduct that:
- Violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity, privacy or other proprietary rights;
- Allows you to gain unauthorized access to the Sites, or any account, computer system or network connected to the Sites, by means such as hacking, password mining or other illicit means;
- Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous or contains explicit or graphic descriptions or accounts of sexual acts;
- Victimizes, harasses, degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
- Collects for marketing purposes any email addresses or other personal information that has been posted by other users of the Sites;
- Impersonates any person, business or entity, including NACUBO and its employees and agents, or falsely states or otherwise misrepresents your affiliation with any person, business or entity, including NACUBO;
- Contains an advertisement or solicitation or encourages others to make a donation;
- Contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
- Encourages conduct that would constitute a criminal offense or that gives rise to civil liability or that otherwise encourages others to commit illegal activities or cause injury or property damage to any other person;
- Results in the posting or transmission of any message anonymously or under a false name;
- Permits any person to access, using your account credentials, any features of the Sites that may require registration;
- Results in a single message being posted to more than five areas of the Sites or results in any message being posted to any area of the Sites if that message is, in our view, off-topic or in violation of the Terms; or
- Violates the Terms or any policy posted on the Sites, or interferes with the use of the Sites by others.
Although we cannot monitor all content on the Sites, you understand that we shall have the right, but not the obligation, to monitor the content of the Sites to determine compliance with the Terms and any other operating rules that may be established by us from time to time. We shall have the right, in our sole discretion, to edit, move, delete or refuse to post any material submitted to or posted on the Sites for any reason, including violation of the Terms, whether for legal or other reasons, or because the material is objectionable or stale. Notwithstanding this right of ours, users shall remain solely responsible for the content of their messages. You acknowledge and agree that neither NACUBO nor any of its affiliates shall assume or have any liability for any action or inaction by us with respect to any conduct on the Sites or any communication or posting on the Sites. We also reserve the right to disclose any information the we believe necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part.
NACUBO requires you not to use the Sites to violate anyone’s copyright, trademark or other intellectual property rights. By posting or submitting any material to the Sites, you are warranting and representing that you own or have the right to post or make such submission of the material, or are making your submission or posting with the express consent of the owner, and that no other party has any right, claim or interest in the material that you have submitted or posted. You also warrant that all moral rights in any material you submit to us or post have been waived. Submitting or posting materials that is the property of another, without the consent of its owner, is not only a violation of the Terms, but may also subject you to legal liability for infringement of copyright, trademark or other intellectual property rights.
C. Use of Materials
All materials submitted to any of our chat rooms, forums, blogs and other public posting areas, whether text or images, becomes the property of NACUBO and may be reproduced, modified and distributed as we see fit, in any medium, for any purpose and in perpetuity. Further, you understand that by posting material on the Sites, you are granting to NACUBO, and to anyone authorized by NACUBO, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to display, use, copy, modify, transmit, sell, exploit, create derivative works from, distribute and/or publicly perform such materials posted on the Sites, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant NACUBO, and anyone authorized by NACUBO, the right to identify you as the author of any of your postings or submissions by name or email address, as NACUBO deems appropriate.
The materials available through the Sites are the property of NACUBO or its licensors, and are protected by copyright, trademark and other intellectual property laws. You are free to display and print for your personal, non-commercial use information you receive through the Sites. However, you may not distribute copies of materials found on the Sites in any form (including by email or other electronic means), without prior written permission from the owner. Of course, you are free to encourage others to access the information themselves on the Sites and to tell them how to find it.
We welcome links to the Sites. You are usually free to establish a hypertext link to the NACUBO Sites so long as the link does not state or imply any sponsorship or endorsement of your site by NACUBO.
E. No Framing
Without the prior written permission of NACUBO, you may not frame, or make it appear that a third-party site is presenting or endorsing, any of the content of the Sites, or incorporate any intellectual property of the Sites, NACUBO or any of its licensors into another website or other service.
We do not want anyone to be confused as to which materials and services are provided by NACUBO and which are not. Therefore, you may not use any trademark or service mark appearing on the Sites without the prior written consent of the owner of the mark.
G. User Accounts and Security
To obtain access to certain services on the Sites, you may be given an opportunity to register with the Sites. As part of any such registration process, you will select a user name and password. You also agree not to (i) select, register, or attempt to register, or use a user name of another person with the intention of impersonating that person; (ii) use a user name of anyone else without authorization; or (iii) use a user name in violation of the intellectual property rights of any other person. You will be responsible for preserving the confidentiality of your password and will notify NACUBO of any known or suspected unauthorized use of your account. Further, you agree that you are responsible for all statements made and acts or omissions that occur on your account while your password is being used. NACUBO reserves the right to access and disclose any information including, without limitation, user names of accounts and other information to comply with applicable laws and lawful government requests. Please inform NACUBO if there is a change in the information you provided at the time of your initial registration, including any change of address or name, by contacting us at 1.800.462.4916.
H. Fees and Charges
You authorize us to charge your credit card or other account that you have designated. Monthly and other periodic or renewal fees will be charged at the then current rate. You may cancel your membership at any time by contacting us at 1.800.462.4916. You have the right to cancel your membership without fee or penalty at any time. We may refuse to register you for a membership for any reason.
We reserve the right to terminate your account with or without cause at any time and for any reason or for no reason. You agree that any termination of your access to our services may be effected without prior notice. You may terminate your account at any time by contacting us at 1.800.462.4916 . Once your account has expired or been terminated for any reason, you will have no further right or access to use the deactivated services.
K. Limitation of Liability
IN NO EVENT SHALL NACUBO, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR IN TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA, OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF NACUBO OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULL EXTENT PERMITTED BY LAW, NACUBO’S LIABILITY SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID FOR THE PURCHASE OF PRODUCTS OR SERVICES FROM THE SITES.
NACUBO IS NOT RESPONSIBLE OR LIABLE FOR THE CONDUCT OF, OR YOUR INTERACTIONS WITH, USERS OF THE SITES (WHETHER ONLINE OR OFFLINE), NOR IS NACUBO RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, INJURY OR HARM ASSOCIATED THEREWITH.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE EXCLUSIONS OR LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. NOTE THAT THE LIMITATIONS IN THIS SECTION ARE NOT APPLICABLE TO NEW JERSEY RESIDENTS.
L. Dispute Resolution
Notice shall be sent to:
- National Association of College and University Business Officers at 1110 Vermont Ave NW, Suite 800, Washington, DC 20005
- You at the contact information on file with NACUBO.
Both you and NACUBO agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED OR REPRESENTATIVE CAPACITY. Other rights that you and we would have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. Any such Dispute shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect, and will occur in the Washington, DC area, before one arbitrator to be mutually agreed upon by both parties.
The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability or formation of these Terms, including any claim that all or any party of the Terms is void or voidable.
In the event that any portion of the Terms is found to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the enforceability or validity of any other portion of the Terms, which shall remain in full force and effect and be construed as if the invalid or unenforceable portion were not part of the Terms.
N. Digital Millennium Copyright Act Notice
NACUBO complies with the provisions of the Digital Millennium Copyright Act (DMCA). If you have a concern regarding the use of copyrighted material on any website operated by NACUBO, please contact the agent designated to respond to reports alleging copyright infringement.
The designated agent for NACUBO is:
Arent Fox LLP, Attorneys at Law, 1717 K Street, NW, Washington, DC 20006-5344
To be effective, the notification must be a written communication that includes the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an email address at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We may give notice to our users by means of a general notice on any of our websites, electronic mail to a user’s email address in our records, or written communication sent by first-class mail to a user’s physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
- Your physical or electronic signature;
- Identification of the material that has 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;
- A statement from you, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a federal district court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
If you have any questions or concerns regarding the Sites or the Terms, please contact us by email at firstname.lastname@example.org or by calling 1.800.462.4916.