NCGS

 

NCGS Terms of Use

These Terms of Use were last updated on April 28, 2011.

By accessing and using www.ncgs.org (the “Site”), you are agreeing to be legally bound by these Terms of Use.

1. GENERAL.

NCGS may change any term in these Terms of Use at any time. The changes will appear in these Terms of Use, and your use of the Site after any changes have been posted will constitute your agreement to the modified Terms of Use and all of the changes. Therefore, you should read these Terms of Use each time you access the Site, before you begin using the Site. You may print a copy of these Terms of Use for your reference. You may not use the Site for any unlawful purpose or any purpose not approved by NCGS.

2. COPYRIGHT AND LIMITATIONS ON USE.

The content displayed on the Site (“Content”) is the property of NCGS or its licensors, and is protected by copyright and other intellectual property laws. This Site and the Content may be used only for your personal and non-commercial use. You agree not to copy, reproduce, modify, display, perform, publish, translate, create derivative works based upon, or store any Content from the Site. You also agree not to distribute, transmit, broadcast, or circulate any Content from the Site to anyone without the express prior written consent of NCGS.

Only internal use of the Content is permitted, which means you may access, download, or print such materials for your personal, internal, non-commercial use only and for the benefit of any third party. You agree not to change or delete any copyright or proprietary notice from materials downloaded from this Site or any site accessible through this Site. Any special rules for the use of items accessible on the Site may be included elsewhere within the Site and are incorporated into these Terms of Use by reference.

NCGS’s name and logo may not be used in connection with any product or service which is not NCGS’s, in any manner likely to cause confusion among users or customers or in any way that disparages or discredits NCGS. Other names, logos, and trademarks that appear on the Site are the property of their respective owners.

The Site includes facts, views, opinions, and recommendations of individuals and organizations deemed of interest. NCGS and its Content licensors do not guarantee or warrant the accuracy, completeness, or timeliness of, or otherwise endorse, these views, opinions, and recommendations.

3. MEMBER ACCOUNT, PASSWORD, AND SECURITY.

You may receive a password and account designation upon completing a NCGS registration process and becoming a registered user. These passwords are the property of NCGS and for security reasons must not be disclosed to any other party. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify NCGS of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. NCGS cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 3. You grant NCGS and all other persons and entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site.

4. USER CONDUCT.

You understand that all information, data, text, and other materials are the sole responsibility of the person from whom such information, data, text, or materials originated. This means that you, and not NCGS, are entirely responsible for all information, data, text, and other materials that you upload, e-mail, transmit, or otherwise make available via the Site. You agree that you will not use any robot, spider, other automatic device or manual process to monitor or copy the Site or the Content without NCGS’s prior express written consent. You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site.

5. NCGS PRIVACY POLICY.

Data you provide and certain other information about you is subject to our Privacy Policy.  For more information, see our full privacy policy here.

6. ONLINE DISCUSSION FORUMS.

Certain areas of the Site may enable you to access online discussion forums (the “Forums”), where you can post messages and read messages posted by other Users. In addition to these Terms of Use, access and use of these Forums is regulated by our Discussion Forum Terms of Use, which are available here, and our Discussion Forum Guidelines, which are available here.

7. ONLINE SHOPPING.

We may offer opportunities to purchase products online at our e-store. If online shopping is available on the Site, these terms apply. Customers must be over age 18 with a valid credit card. Site visitors under age 18 cannot make purchases. When a customer places an order, we collect information associated with the transaction in accordance with our Privacy Policy.

Availability: We cannot guarantee availability of any product, even if our Site shows that a particular product is available. We may not have all products or product lines available online and we may discontinue products or change prices at any time.

Site Transactions: We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

Risk of Loss: All items purchased from ncgs.org are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

8. DISCLAIMER OF WARRANTIES AND LIABILITY.

Due to the number of sources from which the Content is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions, or inaccuracies in such Content and the Site. THE CONTENT AND THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED. NCGS AND ITS AFFILIATES, AGENTS, AND LICENSORS CANNOT AND DO NOT MAKE ANY REPRESENTATION WITH RESPECT TO OR WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, TIMELINESS, NONINFRINGEMENT, TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT AVAILABLE THROUGH THE SITE, OR THE SITE ITSELF, AND NCGS HEREBY DISCLAIMS ANY SUCH EXPRESS OR IMPLIED WARRANTIES. NCGS AND ITS AFFILIATES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES), OTHER THAN DIRECT DAMAGES (NOT TO EXCEED US $1,000.00), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SITE MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES OR THE EXCLUSION OF CERTAIN TYPES OF WARRANTIES, PARTS OR ALL OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

9. LINKS TO THIRD-PARTY SITES.

This Site may contain hyperlinks to sites operated by persons other NCGS. These hyperlinks are provided for your reference and convenience only. You agree not to hold NCGS responsible for the content or operation of such sites. A hyperlink from this Site to another site does not imply or mean that NCGS endorses the content on that site or the operator or operations of that site. You are solely responsible for determining the extent to which you may use any content at any other sites to which you might link from this Site.

10. TERMINATION.

You agree that NCGS, in its sole discretion, may terminate your password, account (or any part thereof), or use of the Site, and remove and discard any Content, including any postings to our discussion forums, for any reason, including without limitation, for lack of use or if NCGS believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use, our Privacy Policy, our Discussion Forum Terms of Use, or our Discussion Forum Guidelines. NCGS may also in its sole discretion and at any time discontinue providing services under the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of these Terms of Use may be effected without prior notice, and acknowledge and agree that NCGS may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the services provided in the Site. Further, you agree that NCGS shall not be liable to you or any third party for any termination of your access to the Site.

11. INDEMNIFICATION.

You agree to indemnify and hold harmless each of NCGS, its affiliates, officers, directors, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this Site, the violation of these Terms of Use by you, or the infringement by you of any intellectual property or other right of any person or entity.

12. SUBMISSIONS VIA EMAIL.

If you submit any business information, idea, concept, or invention to NCGS by e-mail, you automatically grant to NCGS — or warrant that the owner of such content or intellectual property has expressly granted to NCGS — a royalty-free, perpetual, irrevocable, worldwide, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. NCGS may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts, or inventions private or proprietary, do not submit them to NCGS by email.

13. GOVERNING LAW AND JURISDICTION.

This Site is owned and operated by NCGS from its offices in Massachusetts. Your use of this Site, and any related legal action, shall be governed by the laws of the Commonwealth of Massachusetts, without regard to conflict of laws principles. The sole jurisdiction and venue for any litigation arising out of your use of or inquiries to the Site shall be an appropriate federal or state court located in the Commonwealth of Massachusetts.

14. ADDITIONAL LEGAL TERMS.

No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

If any provision in these Terms of Use is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

The Site is not intended for use by children under the age of 13. By using our Site, you represent that you are age 13 or over.

All rights not expressly granted herein are hereby reserved. These Terms of Use, the Discussion Forum Guidelines, the Discussion Forum Terms of Use, and the Privacy Policy are the entire and final agreement regarding this Site and its Content, and supersede any prior or contemporaneous communications between NCGS and you with respect to the use of the Site.