NACE International Terms & Conditions of Service:
Please read these Terms and Conditions before using the site. By using this site or any service on this site, you are indicating that you are 18 years old or older and agree to be bound by all terms and conditions of this agreement. From time to time NACE International may modify these Terms and Conditions without prior notice to you. Therefore, please continue to review these Terms and Conditions of Service when using this site. Your continued use of this site following the posting of changes to these Terms and Conditions will mean that you accept such changes.
Welcome to NACE International's online news service. NACE International agrees to provide you with news, commentary, information, analysis, bulletin boards and other online and computer services that NACE International in its editorial discretion may offer subject to the Terms and Conditions of this agreement (collectively, the "Service").
2. Fees and Payments:
NACE International will charge you fees for access to portions of the Service or for the Service as a whole. In order to use the Service or designated portions of the Service you will be required to register and create an account. You agree to pay all fees and charges, including applicable taxes, incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or services offered for sale through the Service by NACE International or by any third party vendor or provider (such fees, charges and taxes shall collectively be referred to as "Fees"). NACE International reserves the right to change the amount of, or basis for determining, any Fees, and to institute new Fees, effective upon prior notice to you. In order to set up an account with NACE International you must provide NACE International with valid credit card information. By submitting such credit card information, you give NACE International permission to charge all Fees incurred through your account to the credit card you designate on the Registration Form. All Fees (other than renewal fees) will be charged at the time they are incurred. Your right to use the Service is subject to any restrictions established by NACE International or by your credit card issuer. If payment cannot be charged to your credit card or your payment is returned to NACE International for any reason, including charge back, NACE International reserves the right to either suspend or terminate your account and all its obligations under this Agreement. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your ID, password or any credit, debit or charge card number stored on the Service), you must promptly change your password and notify NACE International of the problem by giving notice by the methods described in Section 5 below. Cancellation: NACE International agrees that it will cancel your account upon notice from you by any of the methods listed in Section 5 ("Notice") below. If your cancellation is received within the first 30 days of your signing up for our Service, you will be refunded all subscription fees for the Service, but you will still be obligated to pay any other charges incurred. If you cancel the Service after 30 days of signing up, no refund for unused time for such Service will be made, except in the case of cancellation within 45 days of a notice of a change in the renewal rate, as described below. If you have a balance due on any NACE International account upon cancellation, you agree that NACE International may charge these unpaid fees to your credit card. Subscription Renewal: NACE International will automatically renew and charge your account as follows: a) for monthly subscriptions, every month on the date corresponding to the date on which you initially subscribed (for example, if you subscribed for a monthly membership on June 5th, your account will be renewed and charged on July 5th, August 5th, and so on); and b) for annual subscriptions, upon every one-year anniversary of the date on which you subscribed, unless you choose the "Bill Me" option when you subscribe for an annual membership, in which case we will mail a bill for renewal of your annual account to you, and your account will be renewed only upon our receipt of your payment of such bill. Please note that the "Bill Me" option is only available for annual subscriptions. Unless you choose the "Bill Me" option described above, you give permission to NACE International to automatically charge your subscription fee to your credit card monthly or annually, as the case may be. However, prior to the end of the applicable month or year, you may give NACE International notice by any of the methods listed in Section 5 ("Notice") below that you intend to cancel your account (see "Cancellation" above.) The renewal charge will be equal to your original sign up price, unless otherwise notified in advance (electronically or by mail) by NACE International. You will have 45 days after that date of notification to notify NACE International that you wish to cancel your subscription in the event of a price increase. NACE International will cancel your account upon receipt of such notification from you and post a credit to your account equal to the latest renewal fee charged and paid.
3. Registration and Account Creation:
As part of the registration and account creation process required to obtain access to this Service, you will select a subscriber ID and a password. You will provide NACE International with certain registration information, all of which must be accurate and updated (if any of your registration information changes, you can update it by visiting our Help Center). You will be solely responsible for maintaining the confidentiality of your password. You are solely responsible for all usage or activity on your NACE International account including, but not limited to, use of the account by any person authorized by you to use your subscriber ID and password.
4. Non-transferability of Subscription:
Your right to use this site is personal to you and you may not sub-license, transfer, sell or assign this agreement to any third party without our approval. Any attempt to do so will be void.
NACE International may give notice(s) to you by means of a general notice on the Service, email to your email address or by written communication sent by mail to the address you have provided. You may give notice to NACE International (such notice will be deemed given when it is received by NACE International) by any of the following methods: a. Email addressed to email@example.com; Letter telecopied to NACE International at the following fax number: (281) 228 6200 ; or Letter delivered by first-class mail prepaid or by courier to NACE International at the following address: 15835 Park Ten Place, Houston, Texas 77084.
Disclaimer of Warranties; Limitation of Liability:
This Web site may contain various combinations of text, images, audiovisual productions, opinions, statements, facts, articles, market data, stock quotes or other information created by NACE International or by third-parties. Due to the number of sources from which content in this site is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in such content. Accordingly, such content, including the market data, is for your reference only and should not be relied upon by you for any purpose. Such content is not intended for the purpose of tax or investment advice and it does not advocate the purchase or sale of any security or investment.
NACE INTERNATIONAL AND ITS AFFILIATES, AGENTS, SPONSORS, SERVICE AND CONTENT PROVIDERS AND LICENSORS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, INTEREST HOLDERS AND EMPLOYEES (COLLECTIVELY, THE "PM PARTIES") CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT AVAILABLE ON THIS SITE. ALTHOUGH NACE INTERNATIONAL INTENDS THAT THE CONTENT OF THIS WEB SITE BE ACCURATE, COMPLETE, AND CURRENT, NACE INTERNATIONAL DOES NOT WARRANT OR REPRESENT THAT ANY CONTENT OF THIS WEB SITE (INCLUDING ANY SOFTWARE) IS ERROR-FREE, COMPLETE, OR CURRENT, THAT USE OF SUCH CONTENT WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE, ITS CONTENT, AND THE SERVERS ON WHICH THE WEB SITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE PM PARTIES SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY NEGLIGENCE OR CONTINGENCIES BEYOND THEIR CONTROL IN SELECTING, COMPILING, REPORTING, INTERPRETING OR DELIVERING ANY CONTENT ON THE SITE. IN NO EVENT WILL THE PM PARTIES, OR ANY OF THEM, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT OR SIMILAR DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF THE PM PARTIES, INDIVIDUALLY OR SEVERALLY, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED TO THIS SITE SHALL NOT EXCEED THE AMOUNT PAID TO NACE INTERNATIONAL FOR THE USE OF THE SITE IN THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE THAT THE PM PARTIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. APPLICABLE LAWS MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION FOR CERTAIN DAMAGES, SO THESE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
6. Intellectual Property:
All materials on this site ("Online Materials"), including, without limitation, names, logos, trademarks, service marks, images, articles, columns, graphics, photographs, illustrations, artwork, audio clips, video clips, software, and other elements making up the Service are protected by copyrights and other intellectual property rights owned and controlled by NACE International or by other parties that have licensed their material to NACE International. Except as specifically provided herein, no Online Materials may be copied, reproduced, republished, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, without the prior written permission of their respective owners. You may not add, delete, distort, or otherwise modify the content on this site. Any unauthorized attempt to modify any Online Material, to defeat or circumvent NACE International's security features, or to utilize this site for other than its intended purposes is prohibited. NACE, is trademarks of NACE International. All other trademarks appearing on the Service are trademarks of their respective owners and our reference to them does not imply or indicate any approval or endorsement by their owners unless such approval or endorsement is expressly made. It is understood that NACE International's Service is a news and information service, that the site is a news and information site and that references to other names and trademarks are necessary in the course of providing news and commentary about the media and entertainment industries that this site covers. NACE International will enforce its intellectual property rights to the fullest extent of the law.
You agree to indemnify, defend and hold NACE International harmless from any claims and expenses, including reasonable attorneys' fees, arising from or related to any breach by you of any terms of this Agreement.
As a convenience, NACE International hyperlinks to other Web sites "hyperlink" is a connection to another World Wide Web site address which has been placed on a World Wide Web page so that the user, by selecting the icon or text representing a hyperlink, causes the browser software to shift to a new World Wide Web address). These other Web sites are not under the control of NACE International, and NACE International is not liable or responsible for any content or other information transferred to your computer found or used at such Web sites.
9. Letters to the Editor or Other Such Comments or Materials:
Any comments, materials, or letters sent by you to NACE International regarding the site, including without limitation, questions, comments, suggestions, criticisms or the like ("Received Materials") shall be deemed to be non-confidential and free of any claims of proprietary or personal rights. NACE International shall have no obligation of any kind with respect to such Received Materials and NACE International will be free to reproduce, use, disclose, exhibit, display, transform, edit, abridge, create derivative works from and/or distribute the Received Materials without limitation or restriction. Furthermore, NACE International is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to this site or NACE International for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information, without compensation or any other obligations to anyone, including you.
10. Roundtable Rules:
You represent and warrant that any statements that you make or introduce in the NACE International Roundtables or in any interactive segments of the site do not contain any defamation, libel or slander of third parties or otherwise violate their rights of privacy or publicity, or infringe their trademarks, copyrights, trade secrets or other such proprietary rights. You also represent and warrant that any such statements do not contain any omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy, and that such statements are not offensive or illegal or otherwise prohibited by law. You hereby indemnify NACE International and its employees agents and representatives as to any costs, claims, losses, judgments or liabilities etc., including without limitation, reasonable attorneys fees, which they may incur as a result of any such statements that violate these representations and warranties.
11. Restrictions on Use:
You may not use the Service or its content for any illegal purpose or in any manner inconsistent with these Terms and Conditions. You agree to use the Service solely for your own noncommercial use and benefit and not for resale or other transfer or disposition to any other person or entity.
12. Access Outside the United States:
NACE International does not represent that materials and content on the Service are appropriate or available for use in countries outside the United States. If you choose to use the Service from outside the United States you are solely responsible for compliance with foreign and local laws.
If any provision of this Agreement is found invalid or unenforceable, the provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in force.
14. Entire Agreement:
This Agreement and any other terms and conditions of service on www.nace.org constitute the entire agreement between you and NACE International and govern your use of the Service.
15. Refusal or Discontinuance of Service:
NACE International reserves the right to refuse or discontinue service to any user for non-compliance with these Terms and Conditions.
16. Choice of Law and Forum:
This Agreement will be governed by the laws of the State of Texas. Any dispute arising from the terms of this agreement or breach of this agreement will be governed by the laws of the State of Texas and you agree to personal jurisdiction by the state and federal courts sitting in Houston, Texas. The parties hereby expressly waive trial by jury in any action, proceeding or counterclaim brought by either of the parties against the other on any matters whatsoever arising out of or in any way connected with these Terms and Conditions.