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Terms of Use
Terms & Conditions Thank you for visiting NFBA’s websites. For purposes of recognition, “we” or “us” or “NFBA” refers to National Frame Building Association, Inc. The following are the terms and conditions for use of NFBA’s websites and constitute a legally binding contract entered into between you and NFBA.
PLEASE READ THE ENTIRE TERMS AND CONDITIONS OF USE CAREFULLY AND COMPLETELY BEFORE USING THIS WEBSITE. BY USING THIS WEBSITE, YOU CONSENT TO THE FOLLOWING TERMS AND CONDITIONS. YOUR USE OF THIS WEBSITE IS CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THESE TERMS AND CONDITIONS. YOU MAY PRINT THESE TERMS AND CONDITIONS OR SAVE THEM AS A FILE ON YOUR COMPUTER. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, YOU SHOULD NOT REVIEW INFORMATION FROM THIS WEBSITE OR OTHERWISE USE THIS WEBSITE.
We may amend these terms and conditions from time to time; please review periodically. Your continued use of our websites will be deemed to be your agreement to the changed terms.
Limited Right to Use
As a user of this website, you are granted a limited, non-exclusive, non-transferable, revocable license to access and use this website in accordance with these terms and conditions. You may use this website for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use.
Privacy
It is our policy to respect the privacy of users of this website. Except as provided in our Privacy Policy, we will not monitor, edit, or disclose any personal information about you or your use of this website without your permission, unless we have a good faith belief that such action is necessary to (i) comply with law, regulation or court order, (ii) enforce these terms and conditions, (iii) protect and defend our rights or property or the public, or (iv) respond to claims that the content violates the rights of third parties. Our Privacy Policy, as it may be amended from time to time, is part of these terms and conditions.
Fraudulent and other Illegal Activity Prohibited
The use of this website for fraudulent or other illegal activity is strictly prohibited. Use of this website by visitors, computer programs or other means to send unwanted mass solicitations (“SPAM”) via e-mail or other means is strictly prohibited, and will be reported to the proper authorities. Any use of this website by visitors, computer programs or other means to send “scam” electronic communications, such as e-mail “phishing,” banking scams or other fraudulent requests for contact, are strictly prohibited and will be reported to the proper authorities.
User’s Account Obligations
In consideration of your use of this website, you agree to provide true, accurate, current and complete information about your company and yourself as prompted by any online form present on this website. NFBA reserves the right to suspend or terminate your account and discontinue your access if we have reasonable grounds to suspect that information provided is inaccurate or misleading.
Disclaimers
This website is provided as a convenience to you for informational purposes only. You expressly understand and agree that:
(a) YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
(b) We do not warrant or represent that (i) this website will meet your requirements, (ii) this website will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of this website will be accurate or reliable, (iv) the quality of any products, services, or information, or other material purchased or obtained by you through this website will meet your expectations, (v) the server that makes this website available is free of viruses or other harmful components, or (vi) any errors in any software will be corrected.
(c) Any material downloaded or otherwise obtained through the use of this website is done at your own discretion and risk, and you will be solely responsible for any loss or damage incurred, including, without limitation, damage to your computer system or loss of data that results from the download of any such material. You alone assume the entire cost of all necessary servicing, repair or correction. ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DISCLAIMED.
(d) NO ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THIS WEBSITE SHALL CREATE ANY WARRANTY OR GUARANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to all persons.
Technical Information; No Legal Advice
Information provided by NFBA is provided as a convenience to you for informational purposes only. While this information was believed to be accurate and complete as of the date prepared (to the extent of the knowledge obtained by NFBA), we disclaim any duty or obligation to update this information. This information is no substitute for professional consultation by experts who may be retained to do paid legal or technical analysis and consultation. Although we try to provide quality information, NFBA, its members, and/or agents, make no claims, promises or guarantees as to, and assume no responsibility for, the correctness, sufficiency or completeness of the information. This information is not intended to and does not constitute legal advice and no attorney-client relationship is formed. As legal advice must be tailored to the specific circumstances of each case, and because the laws vary from state to state and are constantly changing, nothing provided herein should be used as a substitute for the advice of competent legal counsel.
Limitation of Liability
NFBA, ITS AFFILIATES OR OTHER INVOLVED PERSONS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THIS WEBSITE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THIS WEBSITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND NFBA. THIS WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES SHALL BE EQUAL TO THE PURCHASE PRICE YOU PAY TO US, IF ANY, FOR ANY GOODS, SERVICES OR INFORMATION.
Some states do not allow the exclusion or limitation of liability for consequential or incidental damages. In such states, liability is limited to the fullest extent permitted by law.
If you are dissatisfied with any portion of the service, or with any of these terms and conditions, your only and exclusive remedy is to discontinue use of NFBA’s websites.
Indemnification
You agree to indemnify and hold harmless NFBA, its successors and assigns and affiliates and each of our officers, directors, members, agents and employees from and against any and all liabilities, obligations, losses, damages, penalties, actions, judgments, suits, claims, costs, expenses (including, but not limited to, attorneys’ fees and court costs) and disbursements of any kind or nature whatsoever that may be imposed upon, incurred by, or asserted in any matter relating to or arising from your use of this website, your violation of these terms and conditions, and/or your violation of any rights of another.
Products and Services
NFBA shall not be deemed to endorse specific products, services or practices due to any statement or representation on this website. Any manufacturer and product information and specifications provided via this website are for your information only. Always verify specific product information when requesting information. Drawings shown on this website may not be to scale, so you should not rely on them. ALL INFORMATION, SPECIFICATIONS AND REFERENCES ARE SUBJECT TO CHANGE WITHOUT NOTICE. WE DO NOT IN ANY WAY REPRESENT OR WARRANT THE ACCURACY OR RELIABILITY OF ANY OF THE INFORMATION PROVIDED, AND ALL INFORMATION IS PROVIDED SUBJECT TO THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN. All specific questions about products and availability should be addressed to the manufacturer of the particular product.
Proprietary Rights of Content
You recognize and agree that this site contains information, data, software, photos, graphics, text, images, logos, icons, typefaces, audio and video material and/or other material (collectively “Content”) protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed. The Content is our property or that of our suppliers or licensors. The copying, redistribution, use or publication by you of any Content, except as expressly allowed by these terms and conditions, is strictly prohibited. The posting of information or materials on this website does not constitute a waiver of any rights in such information and materials.
Copyrights
We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and in our discretion, terminate the rights of any user to use our websites (or any part thereof) who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of someone doing so, please contact Tom Drake, executive director, NFBA, 4700 W Lake Ave, Glenview, Illinois 60025.
Trademarks
“NFBA” and all related marks are service marks or trademarks of NFBA. They may not be used or displayed without our prior written consent. All other trademarks, product names, company names and logos on the site are the property of their respective owners, and may be used only with the permission of the particular owner.
Links to Other Sites
This website may contain links to other websites. We provide these links for your convenience only and are not responsible for the content of any site linked to or from this website. Links from this website to any other website do not mean that we approve of, endorse or recommend that website. We disclaim all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other website. In using this website, you hereby waive any claim you might have against us with respect to other websites.
Applicable Law, Venue, Waiver of Jury Trial
These terms and conditions will be governed by and construed in accordance with the laws of the State of Kansas, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to this website or these terms and conditions may be brought only in the state or federal courts located in Douglas County, Kansas, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. The parties hereby irrevocably waive any and all rights to trial by jury in any and all legal proceedings arising out of or relating to this website or these terms and conditions.
Termination and Modification
We may terminate your access, or suspend any user’s access to all or part of the site, without notice, for any conduct that we, in our sole discretion, believe is a violation of any applicable law or is harmful to the interest of another user. NFBA membership does not guarantee access to any NFBA website. In addition, we may without notice modify or discontinue, temporarily or permanently, any or all of this website. You agree that we will not be liable for any such modification or discontinuance of this website.
Entire Agreement
These terms and conditions constitute the entire agreement and understanding between you and us, superseding any prior agreements and understandings, and govern your use of this website. There may also be additional terms and conditions that apply when you access any other website via provided link.
Miscellaneous
Any rights not expressly granted herein are reserved by and for NFBA. The failure of either party at anytime (or times) to require performance of any provision hereof shall in no manner affect the right at a later time to enforce such provision or any other provision. In the event that one or more of the provisions contained in these terms and conditions shall for any reason be held invalid, illegal, or unenforceable in any respect, that provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remainder of these terms and conditions shall continue in full force and effect. You agree that no joint venture, partnership, employment or agency relationship exists between you and NFBA as a result of these terms and conditions or your use of this website. All provisions of these terms and conditions which by their nature are intended to survive the expiration or termination hereof shall survive and remain in full force and effect. Any cause of action by you with respect to this website (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
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