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Terms of Use

1. Agreement Between National Association for Community College

Entrepreneurship and User

This is a binding agreement ("Agreement") between the National Association for Community College Entrepreneurship ("NACCE") and you, the user ("You" or "Your"). NACCE's Web Site, www.nacce.com, is offered to You conditioned on Your acceptance, without modification, of the terms, conditions, and notices contained herein. By using NACCE's Web Site, You confirm Your acceptance of, and agree to be bound by, this Agreement and all such terms, conditions and notices.

2. Modification of These Terms of Use

NACCE reserves the right to change the terms and conditions of this agreement, including our separate privacy policy, from time to time as we deem appropriate. Such changes, modifications, additions or deletions shall be effective immediately upon posting unless otherwise indicated, NACCE has no duty or obligation to inform prior users of this web site that changes have been made, regardless of the scope and importance of the changes. You are responsible for regularly reviewing these terms and conditions. Your non-termination or continued use of NACCE's web site after changes are posted constitutes your acceptance of this agreement as modified by the posted changes. NACCE may change, restrict access to, suspend, or discontinue NACCE's web site, or any portion of Nacce's web site, at any time.

3. Privacy Policy

Because your privacy is important to You and to NACCE, NACCE will operate NACCE's Web Site in accordance with its Privacy Policy, which is incorporated into this Agreement by this reference and which may be viewed by following this link to the Privacy Policy. By consenting to this terms of use agreement for NACCE's web site, you consent to this privacy policy.

4. Usage of NACCE's Web Site

As a condition of Your use of NACCE's Web Site, You represent and warrant to NACCE that You will not use NACCE's Web Site for any unlawful purpose or in any manner prohibited by this Agreement's terms, conditions or notices.

You represent and warrant that You will not use NACCE's Web Site in any manner which could damage, disable, overburden or impair NACCE's Web Site or interfere with any other party's use and enjoyment of NACCE's Web Site.

The NACCE Members Only portion of NACCE's Web Site ("Members Only Site") will be accessible only to dues paying members of NACCE ("Members"). All Member information provided to NACCE and posted on NACCE's Web Site, including without limitation name, title, address, phone number, fax number, and email address, must be reasonably current, accurate and complete. If NACCE at any time discovers any error or omission in the information You provide, NACCE may in its sole discretion terminate Your right to access and use of the Members Only Site by any Member. You may not permit anyone other than Yourself to use Your NACCE Member information to access any portions of NACCE's Web Services which are restricted to Members only, and You are responsible for the acts or omissions by third parties who are under Your control for their use of the Members Only Site, and for any damages incurred by You as a result thereof.

NACCE's Web Site may contain chat areas, forums, news groups, bulletin board services and other facilities ("NACCE Web Services") that permit You to communicate with other NACCE Members. You agree to use the NACCE Web Site only to post, send and receive messages and materials that are appropriate and related to the facility or service. By way of example, and not as a limitation, You agree that when using NACCE's Web Site, You will not:

  • Violate any applicable laws or regulations
  • Upload information that contains material protected by intellectual property laws, including without limitation material protected by patent, copyright, trademark, or trade secrets, or by rights of privacy of publicity unless You own or control the rights thereto or have received all necessary consents
  • Falsify or delete author attributions, legal or other proper notices or proprietary designations indicating the origin or source of information that is uploaded or downloaded from NACCE's Web Site
  • Send, publish, post, upload, distribute or disseminate any inappropriate, threatening, abusive, profane, defamatory, infringing, obscene, indecent, or otherwise objectionable materials, or any materials which encourage conduct that would constitute a criminal offense, give rise to civil liability or violate any law, or contain any advertising or any solicitation with respect to products or services
  • Harass, abuse, threaten or otherwise violate any legal rights of others
  • Upload viruses, corrupted files or any other software or information that may damage the operation of another's computer or network
  • Use NACCE's Web Site for commercial purposes, including, but not limited to, advertisements, promotions, offers to buy or sell goods or services, surveys, contests, pyramid schemes, or sponsorship banners
  • Use NACCE's Web Site to forward chain letters
  • Permit anyone other than Yourself to use Your NACCE Member information to access any portions of NACCE's Web Site which are restricted to Members only
  • Forward any portions of NACCE's Web Site which are restricted to Members to anyone who is not a Member of NACCE
  • Violate any of NACCE's policies, guidelines or other codes of conduct which are applicable to NACCE's Web Site or in particular to one of NACCE's Web Services. Reproduce, re-transmit or re-present in any form, in whole or in part, any content, programming code, images or graphics without express written permission of NACCE
  • Frame, squeeze back, overlay or employ other techniques to enclose or display the NACCE E-mail lists, or any trademark, logo, content or other proprietary information (including images, text, page layout, or form) included on the NACCE E-mail Lists, with any other software or content of a third party
  • Use any meta tags or any other "hidden text" utilizing the name of NACCE without its prior written consent
  • Without limiting the generality of the other restrictions set forth herein, access, monitor or copy any content or information of this Web Site using any "robot", "spider", "deep link", "scraper" or other automated means, methodology, algorithm or device or any manual process for any purpose
  • Violate any of NACCE policies, guidelines or other codes of conduct. NACCE has no obligation to screen or monitor NACCE's Web Site
  • NACCE reserves the right to review information or materials posted to NACCE's Web Site, to remove any such information or materials in its sole discretion, and to use any other forms of information available to us by virtue of Your use of NACCE's Web Site. NACCE reserves the right at all times, in its sole discretion, to refuse to post, delete, move, edit or to remove any information or materials from NACCE's Web Site, including without limitation any information or materials posted through use of NACCE's Web Services, regardless of whether such material does or does not violate this Agreement or any of NACCE's policies, guidelines, or other codes of conduct which are applicable to NACCE's Web Site or in particular to one of NACCE's Web Services.

NACCE does not control or endorse the content, messages or information found in any of NACCE's web services, and NACCE specifically disclaims any liability with regard to NACCE's web services. NACCE does not endorse or otherwise verify the accuracy, truthfulness or reliability of any information provided on NACCE's web services unless it is provided by an authorized NACCE spokesperson. Any statements made on NACCE's web services reflect only the views of their authors, and your reliance on any such content is at your own risk. NACCE's web services will be managed or hosted y either employees or members of NACCE, who are not authorized NACCE spokespersons, and their views or actions in managing or hosting NACCE's web services do not necessarily reflect those of NACCE.

Security

The Members Only Site is intended by NACCE to require a user identification and password to access and use. You are solely responsible for (1) maintaining the strict confidentiality of the user identification and passwords ("Member Information") assigned to You; (2) charges, damages or losses that may be incurred or suffered as a result of Your or Your personnel's failure to maintain the strict confidentiality of Member Information; and (3) promptly informing NACCE in writing of any need to deactivate or replace any Member Information due to security concerns. NACCE is not liable for any harm related to the theft of Your Member Information, Your disclosure of Your Member Information, or Your authorization to allow another person or entity to access and use the Members Only Site using Your Member Information. You agree to notify NACCE immediately as soon as You become aware of any unauthorized use of Your Member Information. Notice to NACCE under this section of the Agreement may be accomplished by sending us an e-mail or by conventional mail to:

Webmaster
National Association for Community College Entrepreneurship
One Federal Street, Building #101
Springfield, MA 01105

6. Copyright and Trademark Ownership, Notices and Infringement Copyrights:

All contents of NACCE's Web Site are: Copyright ©2001-2008 NACCE. All rights reserved.NACCE's Web Site and the content displayed on NACCE's Web Site and all software, data and information used to provide NACCE's Web Site, including text and images, method of display and presentation, source code, embedded routines and programs and other materials, as well as all copyrights, trademarks, patents, and other intellectual property rights therein or thereto, are owned and are proprietary to NACCE, its affiliate and licensees and are protected by the copyright laws of the United States and other countries. The compilation of the content on NACCE's Web Site is the exclusive property of NACCE and is protected by the copyright laws of the United States and other countries.

NACCE does not claim ownership of the individual materials or information You may provide to NACCE, including without limitation feedback, suggestions, posts, uploads, inputs, or submissions to NACCE's Web Site including without limitation any of NACCE's Web Services. However, if You provide such materials or information to NACCE:

  • You are warranting and representing that You own or otherwise control all of the rights to Your materials or information including, without limitation, all the rights necessary for You to provide, post, upload, input or submit the materials or information;
  • You are granting NACCE, its affiliated entities and necessary sublicensees permission to use Your materials or information, including without limitation the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, make derivative or collective works, translate and reformat the materials or information, and to publish Your name in connection with Your materials or information. NACCE will not pay You compensation with respect to the use of Your materials or information.
  • You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from NACCE's Web Site, unless otherwise noted or without the prior written permission of NACCE. For information, send an e-mail or write to:
    Permissions
    National Association for Community College Entrepreneurship
    One Federal Street, Building #101
    Springfield, MA 01105
  • NACCE grants You the limited and nonexclusive right and license to access or download content from NACCE's Web Site solely for Your personal and non-commercial use and as necessary in connection with the use of any services available through NACCE's Web Site. Except as expressly authorized in this Agreement, You may not modify, distribute, reproduce, display, or use NACCE's Web Site or any elements thereof. All rights not expressly granted to You by us in this Agreement are reserved to NACCE and You acknowledge that You do not acquire any ownership rights by accessing or downloading copyrighted material from NACCE's Web Site as authorized hereunder.
  • Any rights not expressly granted herein are reserved.
  • Trademarks:
    • Nothing in this Agreement or its performance shall grant You any right, title, interest, or license in or to NACCE's names, logos, logotypes, trade dress, designs, or other trademarks.
    • Trademark: National Association for Community College Entrepreneurship.
    • Any rights not expressly granted herein are reserved.
    • Notices and Procedure for Making Claims of Copyright Infringement:
    • Note: The following information is provided exclusively for notifying NACCE that your copyrighted material may have been infringed. All other inquiries, such as requests for technical assistance, reports of e-mail abuse, and piracy reports, will not receive a responses through this process.

NACCE does not guarantee any action based upon the receipt of such information. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to NACCE's Designated Agent, as set forth in the Directory of Service Provider Agents for Notification of Claims of Infringement on the United States Copyright Office Library of Congress Web site.

7. Links to Third Party Web Sites

NACCE's Web Site may contain links to third party Web Sites. The third party Web Sites are not under the control of NACCE, and NACCE is not responsible for the contents of any third party Web Sites, and the inclusion of any link is as a convenience and does not imply endorsement by NACCE of the sites or any association or relationship with its operators.

8. Termination

NACCE reserves the right in its sole discretion to terminate Your access to NACCE's Web Site, including without limitation NACCE's Web Services, at any time without notice for any reason whatsoever.Provisions of this Agreement which by their nature are intended to survive termination or expiration of this Agreement will survive any termination of this Agreement, including but not limited to the representations and warranties contained herein.

9. Compliance With Applicable Laws

NACCE reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

10. General Disclaimers, Exclusion of Damages, and Limitation of Liability

The information and services included in or available through NACCE's web site may include inaccuracies or typographical errors. Changes are periodically made to the information herein. NACCE may make improvements or changes to NACCE's web site at any time. Advice received via NACCE's web site should not be relied upon for personal, legal or educational decisions, and you should consult an appropriate professional for specific advice.

NACCE makes no representations about NACCE's web site, including, without limitation, NACCE's web site's suitability, reliability, availability, timeliness and accuracy of the information, materials, services and graphics found on or through NACCE's web site. NACCE provides NACCE's web site, icluding without limitation, all information, materials, services, and graphics "as is" without warranty of any kind. To the full extent permissable by applicable law, NACCE disclaims all warranties and conditions with regard to NACCE's web site, including, without limitation, all information, materials, services and graphics found on or through NACCE's web site, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement or warranties arising by course of dealing or custom of trade.

Your sole and exclusive remedy if you are dissatisfied with any portion of NACCE's web site is to discontinue using NACCE's web site. In no event and under any circumstances whatsoever shall NACCE be liable for any direct, indirect, compensatory, punitive, incidental, special, or consequential damages or any damages whatsoever, including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of NACCE's web site, with the delay or inability to use NACCE's web site or NACCE's web services, the provision of or failure to provide services or for any information, materials, services or graphics obtained on or through NACCE's web site, whether based on contract, tort, negligence, strict liability or otherwise, even if NACCE has been advised of the possibility of damages. Also, and in particular, in no event shall NACCE be held liable for any direct, indirect, compensatory, punitive, incidental, special, consequential damages or any damages whatsoever arising out of or in connection with the information provided on or through NACCE's web site, including without limitation in connection with the use of techniques or procedures discussed on or through NACCE's web site.

Some jurisdictions do not permit the exclusion or limitation of implied warranties or the exclusion of certain types of damages. Therefore, if required by applicable law, some of the foregoing exclusions may not apply to You.

11. Indemnity

You agree to indemnify NACCE from and against any and all liabilities, expenses (including without limitation attorneys' fees) and damages arising out of claims based upon your use of NACCE's web site, including without limitation any claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other members, and the infringement of intellectual property rights or other rights. NACCE will notify you of any claim for which NACCE seeks indemnification and will afford you the opportunity to participate in the defense of such claim, provided that your participation will not be conducted in a manner prejudicial to NACCE's interest, as reasonable determined by NACCE at its sole discretion.

12. Governing Law

This Agreement is governed by the laws of the State of Massachusetts, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Hampden County, Massachusetts in all disputes arising out of or relating to the use of NACCE's Web Site. Use of NACCE's Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.

13. No Relationship

You agree that no joint venture, partnership, employment, or agency relationship exists between You and NACCE as a result of this Agreement or use of NACCE's Web Site, including, without limitation, NACCE's Web Services.

14. Construction

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including without limitation the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect.

15. Entire Agreement

Unless otherwise specified herein, this Agreement constitutes the entire agreement between You and NACCE with respect to NACCE's Web Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and NACCE with respect to NACCE's Web Site, including without limitation to NACCE's Web Services.

16. Notices

Notices given by NACCE to You will be given by a general posting on NACCE's Web Site or by an e-mail, if an e-mail address is available. Notices given by NACCE to Members may also be given by conventional mail. Notices to NACCE must be sent by conventional mail to:

Webmaster
National Association for Community College Entrepreneurship
One Federal Street, Building #101
Springfield, MA 01105

17. Assignment

NACCE may assign this Agreement, in whole or part, in its sole discretion. You agree not to assign, transfer or sublicense Your rights as a Member without the prior written consent of NACCE.

18. Captions and Headings

Captions and paragraph headings are for convenience only and are not a part of this Agreement and shall not be used in construing it.

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