Effective Date: November 2, 2017
- ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
- USER CONDUCT
2.1 The Service includes information, views, opinions and recommendations of individuals and organizations of interest to individuals from a wide variety of industries and geographic regions. We assume no responsibility for the accuracy, currency, completeness or usefulness of information in any material and We do not endorse any opinions or recommendations posted by users. You should exercise discretion and skepticism before relying on information in messages, comments or submissions, posted by other Users since it may be incorrect or misleading. If you rely on information posted by other Users, you do so solely at your own risk.
- Using the service for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable.
- Posting or transmitting third-party copyrighted information or in any way infringing on the intellectual property rights, contractual or fiduciary rights of others.
- Providing false information on any registration form that you may submit, or impersonating someone else.
- Using the service for the transmission of junk mail, spam, chain letters, or unsolicited mass distribution of email.
- Threats of violence and hate speech. Do not threaten, encourage, or incite violence against anyone, directly or indirectly, or hatred against people based on characteristics like race, ethnicity, national origin, religion, disability, disease, age, sexual orientation, gender, or gender identity.
- Harassment. We don’t tolerate harassment, which includes:
- Bullying or shaming someone, or posting things likely to encourage others to do so.
- Posting copies of private communications between private individuals without the explicit consent of all parties to the communication.
- Doxing, which includes posting not only private or obscure personal information but also the aggregation of publicly available information to target, shame, blackmail, harass, intimidate, or endanger.
- Posting intimate or explicit images taken or posted without the subject’s express consent.
2.2 Your use of the Site and Services is subject to all applicable local, state, national and international laws and regulations, including but not limited to the U.S. export control laws and regulations. You agree not to transmit any material that could constitute or encourage conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law or regulation.
2.3 You agree that you are responsible for all statements made and acts or omissions that occur on your account. You agree to waive and hold Us harmless from any claims relating to any action taken by Us as part of our investigation of a suspected violation of the Terms, or as a result of its conclusion that a violation of the Terms has occurred, including but not limited to the removal of posts and submissions from the NCRC site or the suspension or termination of your account. If you believe someone has used your password or account without your authorization, you must notify Us immediately at administrator at ncrc dot org.
2.4 We reserve the right to access and disclose any information, including user names of accounts and other information, to comply with applicable laws and lawful government requests, to operate NCRC’s systems properly, or to protect NCRC or its users.
2.6 Except as permitted through these Terms, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the content of the Site or Services. You may not copy or modify the HTML code used to generate web pages on the Site or Services.
3. PROPRIETARY RIGHTS TO CONTENT
3.1 Except where indicated, NCRC-created content is licensed under a Creative Commons License permitting non-commercial, no derivatives sharing with attribution. This means that you may link to it and otherwise share it, but if you do, you need to give us credit. You may not use our content in any commercial capacity. Notwithstanding this license, all right, title, and interest in and to the Site content and Services are and will remain the exclusive property of NCRC and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the NCRC name or any of the NCRC trademarks, logos, domain names, and other distinctive brand features. You may not use the NCRC name or any of the NCRC trademarks, logos, domain names, or other distinctive brand features without our permission. Any feedback, comments, or suggestions you may provide regarding NCRC, or the Services is entirely voluntary and We will be free to use such feedback, comments or suggestions as We see fit and without any obligation to you.
3.2 All materials posted on this site are subject to copyrights owned by the National Community Reinvestment Coalition (NCRC) and other individuals or entities. Any reproduction, retransmission, or republication (in whole or in part) of any document or information found on this site is expressly prohibited, unless otherwise agreed to by NCRC pursuant to the terms of the Creative Commons license described at https://creativecommons.org/licenses/by-nc-nd/4.0/ and set forth in full at https://creativecommons.org/licenses/by-nc-nd/4.0/legalcode or by any other copyright owner as expressly granted in writing to consent to reproduce, retransmit, or republish the material. NCRC materials may be shared with appropriate attribution for non-commercial purposes, with no right to adapt, alter or transform the material as described in the license. All other rights reserved.
The names, trademarks, service marks and logos of NCRC appearing on this site may not be used in any advertising or publicity, or otherwise to indicate NCRC’s sponsorship of or affiliation with any product or service, without NCRC’s prior express written permission. All other trade and/or services marks are the property of the respective entities and may not be used without their express permission. NCRC is not responsible for the misuse of other trade and/or service marks by individuals or entities not employed by NCRC.
3.3 You agree that upon posting content in any form on the Services, you grant NCRC and its successors and assigns a non-exclusive, worldwide, royalty free, perpetual, non-revocable license under your copyrights or other intellectual property rights, if any, in such material to use, distribute, display, reproduce, modify, adapt, publish, transmit, translate, create derivative works from, display and perform, whether publicly or otherwise, such material in any and all media, now known or hereafter developed, in any manner, whole or part, and without any duty to account to you. You also grant Us the right to assign, transfer, license or sublicense any of the rights granted by you. You also grant Us the right to authorize the downloading and printing of such material, or any portion thereof, by end-users for their personal or commercial use. You agree not to post or transmit material that is subject to another party’s rights, on or through the NCRC Site or Services, without that party’s express permission.
3.4 You also grant the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotion material related to those materials and other information to Us. You agree that you shall have no recourse against Us for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Us or in your submissions to public or members-only areas of the NCRC Site, Services and system.
4. EXTERNAL LINKS
4.1 The Site and Services contain links to other web sites, resources and users of the Site and Services. We are not responsible for the availability of these outside resources, or their contents, nor do We endorse nor are We responsible for any of the contents, advertising, products or other materials on such sites. Under no circumstances shall We be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by use of or reliance on any content, goods or services available on such sites. Any concerns regarding any external link should be directed to its respective site administrator or webmaster.
5. DISCLAIMER OF WARRANTIES AND LIABILITY
5.1 The NCRC Service is provided AS IS and AS AVAILABLE, WITHOUT WARRANTY OF ANY KIND. YOU ASSUME COMPLETE AND TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, SERVICES AND THE INTERNET.
WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (A) ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY, COMPLETENESS, CURRENTNESS OR RELIABILITY OF THE CONTENT AVAILABLE THROUGH THE SITE AND SERVICES, OR THE SERVICE ITSELF; (B) ANY WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT SOFTWARE DEFECTS WILL BE CORRECTED; AND (C) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES 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 NCRC OR ITS AFFILIATES OR THROUGH THE SITE OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
NCRC, ITS OFFICERS, DIRECTORS, OWNERS, AGENTS AND EMPLOYEES, AND ITS AFFILIATES, THEIR OFFICERS, DIRECTORS, OWNERS, AGENTS AND EMPLOYEES SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY RESULTING FROM USE OF THE SITE OR SERVICES, CAUSED IN WHOLE OR IN PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE SERVICE AND ANY CONTENT THROUGH THE SERVICE. IN NO EVENT WILL NCRC, ITS OFFICERS, DIRECTORS, OWNERS, AGENTS AND EMPLOYEES, AND ITS AFFILIATES, THEIR OFFICERS, DIRECTORS, OWNERS, AGENTS AND EMPLOYEES, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT. NCRC, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, OWNERS, AGENTS AND EMPLOYEES, SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
6.1 You agree to indemnify and hold NCRC and its Affiliates, their respective officers, directors, owners, agents and employees, harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Site or Service, the violation of these Terms by you, or the infringement by you, or other user of the Site or Service using your computer, of any intellectual property or other right of any person or entity. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
7.1 You agree that We may, in our sole discretion, terminate or suspend your access to all or part of the Site or Services for any reason, including, without limitation, breach of the Terms or any subsequent modifications, or attempted assignment of your account by you. Any suspected fraudulent, abusive or illegal activity may be grounds for termination of your account and may be referred to appropriate law enforcement authorities. We shall not be liable to you or any third party for the termination of your use of the Site or Services or any claims related to the termination of such use.
7.2 Should you object to any terms and conditions of these Terms or any subsequent changes to the terms and conditions or become dissatisfied with the Service in any way, your only recourse is to immediately: (1) discontinue use of the Site and Services; (2) terminate accounts, if any; and (3) notify Us of termination by sending an email to: administrator AT ncrc DOT org. Continued use of the Service is an acceptance of the Terms and all or any subsequent changes.
8.1 The Terms are governed by and construed in accordance with the laws of the District of Columbia and the intellectual property laws of the United States, and you agree to submit to the personal jurisdiction of the courts of the District of Columbia for any for any cause of action arising out of or relating to the Site, Services or these Terms.
8.2 You agree that any cause of action arising out of or related to the Site or Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
8.3 This Agreement, with any other instrument, agreement or document attached or referred to, which are incorporated by this reference as though set forth in full, embodies the final, full and exclusive statement of the agreement between NCRC and you related to the content herein, and as of its date supersedes all prior agreements, negotiations, representations and proposals, written or oral, relating to its scope. This Agreement shall not be construed to govern any other transaction between NCRC and you. Neither party shall be bound by or liable to the other party for any representation, promise or inducement made by any agent or person in their employ relating to the subject matter which is not embodied in this Agreement.