You agree to use the Website solely for proper purposes, with due regard for the rights, interests and security of others, and consistent with applicable policies of NABOE and the law. By way of example, and not by limitation, when using the Website and the Services, You agree that You WILL NOT:

(i) disguise the origin of information transmitted through the Website;

(ii) place false or misleading information on the Website;

(iii) use or access any service, information, application or software available via the Website in a manner not expressly permitted by NABOE;

(iv) input or upload to the Website any information that is intended to damage, interfere with, intercept or expropriate the Website or any information on the Website or the Services, including but not limited to data that contains viruses, Trojan horses, worms, time bombs or other computer programming routines;

(v) input or upload to the Website or post any Information that infringes the Intellectual Property (defined below) rights of another or that violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane sexually explicit or otherwise objectionable, which encourages conduct that would constitute a criminal offense, or give rise to civil liability, or information that is protected or considered by the United States Government to be sensitive or classified;

(vi) not attempt to circumvent restrictions on the Website that reserve access to certain areas and/or information to Members;

(vii) frame or utilize framing techniques to enclose any portion or aspect of the Website without the express prior written consent of NABOE;

(viii) use the Website for anything other than lawful purposes and will not use the Website for any purpose in violation of any local, state or national laws of any country;

(ix) use anyone else's Member account or log-in at any time, without the permission of the account holder or purport to give permission to non-Members to access any Member's account; or

(x) disrupt the normal flow of dialogue or information exchange on the Website, or post information unrelated to the business of NABOE.

You are responsible for any information You post on the Website and are responsible for the consequences of posting such information. You acknowledge that any reliance on material posted by other Users will be at Your own risk. NABOE does not screen communications between and among Users over the Website in advance and is not responsible for screening or monitoring material posted by Users. We will not treat information that You post to areas of this site that are viewable by others as proprietary, private, or confidential. NABOE has no liability or responsibility to members or registrants for performance or nonperformance of such activities. However, if notified by a User of a posting or communication that allegedly does not conform to these Terms of Use, We may investigate the allegation and determine in good faith and in our sole discretion whether to remove or request the removal of the communication or Posting. We reserve the right to take any action We believe appropriate, in our sole discretion, with respect to information posted on the Website, including but not limited to termination of the right to use the Website and/or termination of membership.

By posting information, You grant to NABOE a royalty-free, perpetual, irrevocable nonexclusive license to use, reproduce, modify, publish, translate, distribute, perform and display the information alone or as part of other works in any form, media, or technology whether now known or hereafter developed. The rights of the aforementioned license shall always be subject to the confidentiality requirements of these Terms of Use. You also grant to other Users the right to access, view, store, and reproduce the information for personal use, but not for redistribution without the express, written permission from the registrant or member from whom the information derived.

NABOE provides aggregated secure access to information on our website in order that Members may review information about and potentially contact Members with whom they wish to engage in business activities. Members that provide services used by or useful to other Members are encouraged to network to make other Members aware of their services as they relate to the overall purpose of NABOE. Unsolicited advertising/marketing email communications are prohibited and violations are reported to the Federal Trade Commission in accordance with the CAN-SPAM Act (www.ftc.gov/spam).
The following practices are not permitted:

(i) Telemarketing activities (phone solicitations) of other Members;

(ii) Soliciting or spamming other Members;

(iii) Soliciting other Members via the U.S. Mail system;

(iv) Retransmitting confidential information related to a Member.

The following practices are highly encouraged:

(i) Establishing a dialogue or relationship with a Member to determine if the goods and services You offer are relevant; and

(ii) Performing market research to determine if a Member is in need of your type of services even if it means contacting NABOE to inquire about that Member.

NABOE has established an environment conducive to the development of professional relationships for its Members and Website Users. Any activities that in our opinion detracts from that positive atmosphere, can and will result in termination of access privileges and/or membership. If You have any questions regarding the appropriateness of your actions, please contact NABOE.

NABOE has the right, but not the obligation, to monitor the content of this Website, including but not limited to postings and other communications or material uploaded by Users, to determine compliance with these Terms of Use and any other applicable policies of NABOE or law, regulation or authorized governmental request. We reserve the right, in Our sole discretion and without prior notice, to edit, refuse to post or remove any material submitted to or posted on the Website that We find to be in violation of these Terms of Use or otherwise objectionable.
Intellectual Property Ownership

The Website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound. The entire contents of the Website are copyrighted as a collective work under the United States copyright laws. NABOE owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it.

Other material, including authored works as well as trade names and logos of other Persons and Users appearing on the Website are the property of their respective owners.
No license, express or implied, is granted by these Terms of Use to any User to modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content of the Website, in whole or in part; provided that User may download copyrighted material for User's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of NABOE and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that You do not acquire any ownership rights by downloading copyrighted material.

 

NABOE retains all intellectual property rights title and interests, including but not limited to in any and all copyrights, trademarks and trade name protection, to "National Association of Business Owners & Entrepreneurs," "Fridays at Four(R)," "The Entrepreneurs Group," "TEG," "Adventure Networking" and "NABOE" as well as to the domain and URL "www.theNABOE.org," and any related service marks, logos and designs, which are the property of NABOE. Neither the Website nor these Terms of Use grant any license, express or implied, to any User to utilize NABOE trade names or logo without Our prior permission. For the avoidance of doubt, absent Our express permission, the utilization of the trade names "National Association of Business Owners & Entrepreneurs" or "NABOE" or NABOE by a User on such User's web site or on other documentary or electronic communications whatsoever in a manner that implies endorsement of such User by NABOE is expressly prohibited. NABOE reserves all rights under equity and law to enforce this prohibition.

The Website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that We are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if You have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, for which We have no responsibility or involvement. We encourage You to review the terms of use and privacy policies of third-parties' sites.

You agree to hold in trust and strict confidence any confidential or proprietary information or trade secrets ("Confidential Information") to which You may gain access over the Website or in the course of the use of any Service, and agree that such Confidential Information shall be used only for the contemplated purposes, shall not be used for any other purpose, or disclosed to any third party, except as may be required by a competent legal authority. All Confidential Information remains the property of NABOE. No documentary or electronic copies of Confidential Information will be made or retained without the permission of NABOE and all such documentary or electronic copies shall be returned to NABOE immediately upon request.

(i) No Warranties
THE WEBSITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATOIN UNDER THE LAWS APPLICABLE TO THESE TERMS OF USE AND THIS WEBSITE.

(ii) No Endorsement or Joint Venture
NABOE claims no ownership of any postings of any information or communications by any User and does not represent or guarantee the truthfulness, accuracy, or reliability of any of any such material or endorse any opinions expressed by any User. Mere membership in NABOE, acceptance into a particular class of membership, sponsorship of NABOE or of any event of NABOE, and/or postings by any User on the Website do not constitute an endorsement of the products or services of any User or Member. Users are advised to conduct their own due diligence on the products and services of other Users. Any contract or agreement between or among any Users for the purchase, sale or delivery of any products or services are strictly between such Users and NABOE shall have no involvement or liability under such arrangement whatsoever. No use of the Website by any User shall create a joint venture, partnership, contractor or employee relationship between NABOE and such User.

(iii) Discontinuation of Service and Force Majeure
NABOE reserves the right, in Our sole discretion and without prior notice, to modify or discontinue any Services or the Website. We shall not be liable to any User or any third party in the event of such discontinuance. You acknowledge and accept that NABOE does not guarantee continuous, uninterrupted or secure access to the Website and operation of the Website may be interfered with or adversely affected by numerous factors or circumstances outside of our control. NABOE shall not be responsible for any failure or delay in performance with respect to the Website or any Service due to any force majeure, including but not limited to war, social disturbance, strike, accident or act of God, telecommunications or internet failure, hacker attacks, act of government or restriction imposed by law, or any other similar cause beyond Our control.

(iv) YourMembership.com Terms of Use and Privacy Policy
The Website is built on a member community software platform proprietary to YourMembership.com, Inc. YourMembership.com, Inc.'s separate Terms of Use and Privacy Policy are posted on the Website. Users are encouraged to become familiar with the YourMembership.com, Inc. policies, but Users are also cautioned that the YourMembership.com policies are completely separate and distinct from these Terms of Use.

(v) Local Laws
We make no representation that materials on the Websites are appropriate or available for use in all locations, and accessing them from territories where the contents are illegal or unlawful is prohibited. Those who choose to access this site from locations other than Maryland, USA, the state of origin, do so on their own initiative and are responsible for compliance with local laws.

(i) California Consumer Protection Notice
Pursuant to California Civil Code Section 1789.3 and California Business and Professions Code Section 17538, residents of California are hereby advised that the provider of the electronic commercial service on this site is The NABOE, 21732 Brink Meadow Ln., Germantown, MD 20876; 301-873-1475; info@naboe.org. Users are notified in advance regarding any applicable service charges. For more information or to resolve a complaint, please contact us at the above address. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in California may be contacted in writing at 400 R. Street, Suite 3090, Sacramento, CA 95814 or by calling 1-800-952-5210. Upon Your request, You may have these Terms of Use sent to You by email.

(ii) The Digital Millennium Copyright Act Notice.
Members may post content to the Website, which may include copyrighted works. The Digital Millennium Copyright Act, 17 U.S.C. Section 512 ("DMCA") provides a process for a copyright owner to give notification to an online service provider concerning alleged copyright infringement. Upon Our receipt of a valid DMCA notification, the offending content will be taken down. The following information must be included in your notification: (i)a description of the copyrighted work that is the subject of claimed infringement; (ii) a description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for You, including your address, telephone number and/or e-mail address; (iv) a statement by You that You have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by You, signed under penalty of perjury, that the information in the notification is accurate and that You have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf. Any claim regarding potentially infringing posted material should be sent to: NABOE, 21732 Brink Meadow Ln, Germantown, MD 20876; 301-873-1475; info@naboe.org; attention: Sue Stott (our agent for notice of infringement claims).

(iii) Communications Decency Act Notice
Under the Communications Decency Act, 47 U.S.C. Section 230 ("CDA"), NABOE is not liable for defamation or other claims arising from content posted to the Website by Members. Because it permits posting by members, NABOE Website is an "interactive computer service" under the CDA. NABOE is not responsible for, and do not exercise any editorial or other control over, any content posted by Members, but rather merely serves as a "publisher" of such content.

NABOE SHALL NOT be liable for any damages whatsoever, and in particular NABOE shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this website or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if NABOE has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

NABOE SHALL NOT BE LIABLE TO ANY USER FOR ANY ACTION OR CLAIM RELATED TO THE WEBSITE OR THE SERVICES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE OR ANY OTHER THEORY OF LIABILITY, FOR ANY AMOUNT THAT EXCEEDS THE SUM OF: (I) THE MOST RECENT ANNUAL MEMBERSHIP FEE PAID BY THE USER WITHIN THE TWELVE MONTH PERIOD IMMEDIATELY PRIOR TO THE CLAIM, AND (II) ANY FEES ACTUALLY PAID BY SUCH USER FOR SERVICES DIRECTLY RELATED TO THE CLAIM.

You agree to indemnify and hold NABOE, its owners, subsidiaries, affiliates, officers, advisors, agents and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of Your use of the Website and Services, the violation of these Terms of Use, or infringement of these Terms of Use by any other Person using Your computer. You shall notify NABOE immediately In the event of any third party claim, and shall cooperate fully with NABOE in any defense of such claim.

You agree that NABOE, in its sole discretion, may terminate or suspend Your use of the Website and the Services at any time and for any or no reason. Upon such suspension or termination, You must immediately (i) discontinue use of the Web Site, and (ii) destroy any copies You have made of any portion of any content or material obtained from the Website. Accessing the Website or the Services after such termination, suspension or discontinuation shall constitute an act of trespass. Further, You agree that NABOE shall not be liable to You or any third party for any termination or suspension of Your access to the Website and/or the Services.

The Websites (excluding linked sites) is administered by us from our offices within the State of Maryland, United States of America. Your use of this Website and these Terms of Use shall be governed in all respects by the internal substantive laws of the State of Maryland, without regard to conflict of laws provisions. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. The exclusive, original jurisdiction and venue for resolution of any controversy not subject to arbitration as provided below shall be a Howard County Maryland state court or a Maryland federal court.

Except for intellectual property disputes and the enforcement of any arbitration award, all disputes or claims under these Terms of Use for remedy at law shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules then in effect. The arbitration shall be conducted in Howard County, Maryland by a single arbitrator appointed by the American Arbitration Association. The Arbitrator's fees and expenses shall be shared equally by the Parties. All other expenses shall be borne by the Party incurring such expenses and fees; provided, however, that the arbitrator may award attorney's fees to the prevailing party. The decision of the arbitrator shall be final and binding upon all parties to the arbitration. Any such arbitration must be commenced no later than one (1) year from the date such claim or controversy arose. Notwithstanding the foregoing, nothing in these Terms of Use shall preclude NABOE from seeking or obtaining injunctive or other equitable relief to enforce provisions hereof for which no adequate remedy exists at law, or to preserve the status quo pending resolution of disputes.

NABOE has the right to transfer or assign the Website and Our rights and obligations pursuant to these Terms of Use to any other Person without your consent. You do not have the right to assign or transfer Your rights or obligations pursuant to these Terms of Use to any other Person without Our consent. Subject to the foregoing, these Terms of Use will be binding upon and will inure to the benefit of any successors and permitted assigns.

These Terms of Use constitute the complete agreement between NABOE and any User of the Website or Services, and supersede all previous written or oral agreements with respect to the subject matter.

If any provision of these Terms of Use are held to be invalid or unenforceable, such provision will be struck and the remaining provisions enforced. Headings are for reference purposes only. Failure of NABOE to act or exercise Our rights under these Terms of Use upon Your breach of any other terms hereof shall not be construed as a waiver of such a breach or prevent Us from thereafter enforcing strict compliance with any or all of the provisions of these Terms of Use.

Notices, comments and inquiries may be sent to:

National Association of Business Owners & Entrepreneurs