Terms and Conditions of Use
Welcome to the official website for the National Federation of Independent Contractors (NFICA). This agreement sets forth the terms and conditions for use of this website and any information and benefits and services available or to become available on this site or any other site used for the NFICA and licensed, operated and controlled through the NFICA’s association management company, Association Management Company of Nashville, LLC. (“association management company”), hereinafter referred to as the “Site”. Please review the following terms that govern your use of the Site. Please note that your use of the Site constitutes your agreement to follow and be bound by those terms (the “Agreement”). You hereby agree to be bound by these Terms of Use. If you do not agree with these Terms of Use and the Privacy Policy, you must immediately terminate your use of the NFICA websites.
Site Contents
All materials, including all images, illustrations, designs, icons, photographs, video clips, service marks, logos, brands, trade dress and trade names and other distinctive identification, as well as other materials that appear as part of this Site (collectively the “Contents”) are the property of the association management company or the NFICA, as so denoted in writing between those parties. The Site, as a whole, is protected by copyright and trade secrets, patent and trademark law, as well as other state, national and international laws, treaties and regulations. Thus, the association management company and NFICA (to the extent acknowledged and set forth in an agreement between those parties) have exclusive rights, titles and interests to the Site and its Contents, including the information used on the Site, materials, interfaces. Computer code, databases, software applications and tools, text, functionalities, applications and look, and shall not be limited in any way in its use, commercial or otherwise. The Content of the Site is the property of the association management company or the NFICA (to the extent acknowledged and set forth in a written agreement between those parties), it licensors, sponsors, partners, advertisers, content providers or other third parties and is protected in its use, as hereinbefore so stated. You may download or copy the Contents as displayed on the Site for your personal use only. No right, title or interest in any download material(s) or software is transferred to you as a result of any such downloading or copying. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell, lease, sublicense, clone, transfer, reverse engineer or participate in any sale or exploit in any way, in whole or part, any of the Contents, the Site or any related software.
License Grant
You are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use the NFICA website conditioned on your continued acceptance of and compliance with these Terms of Use, as well as the Privacy Policy of the NFICA. You may use the NFICA website and its Contents for your non-commercial personal use and for no other purpose. The NFICA reserves the right to bar, restrict or suspend any user’s access to the NFICA website and/or to terminate this license at any time for any reason. The NFICA reserves any rights not explicitly granted in these Terms of Use.
License Restrictions
You may not use the NFICA website for any unauthorized or illegal purpose or activity including, but not limited to, any activity to obtain or attempt to obtain unauthorized access to the NFICA website, including the NFICA Content. You are not to interfere with the proper working of the Site, including but not limited to, transmission of any virus, worm, trap door, back door, timer, clock, Trojan horse, or other limiting routine, instruction or design. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the NFICA Site, or defame or otherwise harm any party, including the NFICA, or through your use of the NFICA Site.
Revisions
We may from time to time change the terms that govern your use of the Site. Your use of the Site following any such change constitutes your agreement to follow and be bound by the terms as changed. We may change, move, or delete portions of, or may add to, our Site from time to time.
User-Generated Content
The NFICA does not claim ownership of any content that you post on or through the NFICA Site, such as comments or posts that you submit on forums, blogs, or other websites. You acknowledge that you alone are fully responsible for the User-Generated Content you submit and that you own or have the rights to use the User-Generated Content. You agree that by submitting the User-Generated Content, you hereby grant to NFICA a perpetual, non-exclusive and royalty-free and transferable license to use, download, duplicate, display, distribute, modify and creative derivative works of the User-Generated Content, subject to the NFICA’s Privacy Policy.
Inaccuracy Disclaimer
From time to time there may be information on the Site that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. The NFICA and the association management company shall not be obligated to correct or update the Site or the User-Generated Content and the NFICA shall not be liable for omissions, typographical errors, or out-of-date information which may appear on the Site.
Login Information
Certain features and areas of the NFICA Site are available only with registration login and/or a paid subscription. If you are required to register and select a unique login and password, you must keep your personal login information confidential. Your personal login information is personal to you and you may not allow any third party to use it under any circumstances. The NFICA is not liable for any harm caused by or related to the thief, misappropriation, disclosure, or unauthorized use of your personal login information. You must immediately if you become aware or believe there is or may have been any unauthorized use of personal login information or otherwise wish to deactivate your personal login information due to security concerns.
Links to Other Websites and Services
To the extent that the Site contains links to other services and resources, the availability and content of which NFICA or it’s association management company do not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource. These other links are maintained by third parties over which the NFICA exercises no control. The appearance of any such third party link is not intended to endorse any particular company or product or service. If you decide to access any of the third party sites linked to the NFICA Site, you do so at your own risk.
Warranty Disclaimers
The NFICA Site and its content are provided “as is” and “as available.” Neither the NFICA or the association management company, Association Management Company of Nashville, LLC., their respective employees, officers and directors nor any of its agents, representatives, suppliers, advertisers, promotional partners, insurers, or licensors provide any express or implied representation or warranty of any kind, including without limitation, any representations or warranty that any NFICA Site or Content, or any results that may be obtained by you are complete, accurate, reliable or non-infringing and that access to the NFICA Site will be uninterrupted, timely, secure, or error free and, furthermore, the quality of any products, services, information or other material purchased or obtained by you through the NFICA Site will meet your expectations. All warranties, expressed or implied, are disclaimed to the fullest extent permitted by law including, without limitation, any warranty or merchantability, fitness for a particular purpose, and/or non-infringement of intellectual property.
Limitation of Liability
The NFIC and its association management company, along with its suppliers, advertisers, promotional partners or licensors shall not be liable, and disclaim any liability, for any claim, loss or damage, direct or indirect, including, without limitation, compensatory, confidential, incidental, indirect, special, exemplary or punitive damages of any kind whatsoever in connection with, as a result of, or arising out of the use of or inability to use the NFICA Site and/or any NFICA Content; from any loss of data and/or from any equipment failure; out of the procurement of substitute goods or services resulting from any problem with the goods, Content and/or services purchased or obtained from the Site, or through transaction entered into, through or from the NFICA Site; from the unauthorized access to or alteration of your transmission or data; from any delay or failure of the Site arising out of causes beyond the NFICA and its association management company’s control; out of the use or reference to or reliance on the NFICA Content; out of any third party materials, information, products and services contained on or accessed through the NFICA Site; or 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. You confirm that the NFICA or it’s association management company has no other obligation, liability or responsibility to you or any third party.
Indemnification
To the fullest extent permitted by law, you will defend, indemnify, and hold harmless the NFICA and it’s association management company, along with any of its providers, suppliers, vendors, insurers, advertisers and promotional suppliers, from and against all claims arising from or in any way related to your use of the Site and or NFICA Content, a violation by you of these Terms of Use, or any other actions connected with your use of the NFICA Site and/or NFICA Content, including any liability or expenses, losses, damages (actual or consequential), suits, judgments, litigation costs and attorneys fees. The NFICA will promptly provide to you written notice of any such claims, but failure to provide such notice wll not release you from any of your obligations pursuant to this provision, except to the extent that you are actually prejudiced by such failure, and will not relieve you from any other liability that you may have to the NFICA, it’s association management company, along with NFICA providers, suppliers, vendors, insurers, advertisers, and promotional suppliers.
Arbitration
Any controversy or claim you have arising out of or relating to the Term of Use, the Privacy Policy or to the NFICA Site as well as any products, benefits or services accessed or purchased through the NFICA Site shall be resolved by a single impartial arbitrator pursuant to proceedings administered by the American Arbitration Association under its rules for resolution of commercial disputes. Any such claim shall be brought in any arbitration or other legal proceeding solely by you as an individual and not as part of, or as a representative of, a class. The arbitration shall be held in Nashville, Tennessee. All submissions to the arbitrator, the proceedings and the award shall be confidential. The arbitration shall be conducted on an expedited basis with minimal discovery. The arbitrator’s award shall be final and binding. The courts of the State of Tennessee and/or the United States District Court for Northern District of Tennessee shall have exclusive jurisdiction and venue over any action concerning enforcement of an arbitration award or if arbitration is not permitted by law. You agree to unconditionally and irrevocably submit to the exclusive jurisdiction and venue of such courts and you will not object to such jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. Each party irrevocably waives and all right to trial by jury in any legal proceeding. The NAFIC and its association management company reserve all right and remedies available to it in law or equity.
Governing Law
These Terms of Use and all matters regarding your use of the NFICA Site shall be governed in accordance with, and enforced under the laws of the State of Tennessee applicable to contracts made and executed and wholly performed in the State of Tennessee, without regard to choice of law principles.
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 NFICA Site must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Complete Agreement
These Terms of Use, together with any revisions, any additional terms or conditions incorporated by reference constitutes the entire agreement between you and the NFICA and it’s association management company relating to the NFICA Site and its use by you, and supersedes any previous written or oral communication regarding the use of the NFICA Site.