- PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF SERVICE AGREEMENT (THE "TOS") CAREFULLY AS THEY GOVERN YOUR ACCESS TO AND USE OF THE NVTC.ORG WEB SITE (the "Site"). If you have questions or comments regarding this TOS or the Site, please contact the Northern Virginia Technology Council ("NVTC") at (703) 904-7878 between the hours of 9 am and 5 pm (local time) on Monday through Friday.
TERMS AND CONDITIONS
- LICENSE GRANT. This Site is provided by NVTC, and this TOS provides from NVTC to you (identified herein as "you" or a "User") a personal, revocable, limited, non-exclusive, royalty-free, nontransferable license to use this Site conditioned on your continued compliance with the terms and conditions of this TOS. You may print and download materials and information from this Site solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. NVTC reserves all rights not expressly granted. Without limiting the generality of the foregoing, copying or reproducing any information or materials provided by NVTC through the Site to any other server or location for further reproduction or redistribution is expressly prohibited. Moreover, you may not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or NVTC's systems or networks or use the Site in a manner that could damage, disparage, or otherwise negatively impact NVTC.
- PROPRIETARY RIGHTS. All text, graphics, interfaces, photographs, sounds, artwork, computer code (including html code), software, information, and documentation as well as the design, structure, selection, coordination, expression, "look and feel," and arrangement of any content contained on or available through the Site, unless otherwise indicated, are owned, controlled, and licensed by NVTC and/or its licensors. This Site is Copyright © 2008 Northern Virginia Technology Council and/or its licensors. All rights reserved. NVTC also owns a copyright in the contents of the Site as collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the Site. NVTC and the NVTC Plus Logo Design and all other names, logos, and icons identifying NVTC and its programs, products, and services are proprietary trademarks of NVTC, and any use of such marks, including, without limitation, as domain names, without the express written permission of NVTC is strictly prohibited. Other product and company names mentioned on the Site may be the trademarks and/or service marks of their respective owners.
- SPECIFIC PROGRAMS; OTHER TERMS AND CONDITIONS. Additional notices, terms, and conditions may apply to the receipt of services, use of information request forms, or participation in a particular program, and/or to other specific portions or features of the Site. You agree to abide by such other notices, terms, and conditions. If there is a conflict between this TOS and the terms posted for or applicable to a specific portion of the Site, the latter terms shall control with respect to your use of that portion of the Site. NVTC's obligations, if any, with respect to its services, programs, and/or information are governed solely by the terms, conditions, notices, and agreements pursuant to which they are provided, and nothing in this TOS should be construed to alter such terms, conditions, notices, and agreements.
- FEEDBACK AND SUBMISSIONS. NVTC welcomes your feedback and suggestions about NVTC's products or services or with respect to how to improve this Site. By transmitting any suggestions, information, material, or other content (collectively, "feedback") to NVTC, you represent and warrant that such feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey such feedback to NVTC. In addition, any feedback received through this Site will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for NVTC to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary.
- THIRD PARTY PRODUCTS/SERVICES. NVTC, in its sole discretion, may post the advertisements of third parties on this Site and/or feature information, materials, programs, products, and/or services provided by third parties. NVTC makes no representations with respect to, disclaims responsibility and liability for, and does not guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or availability of such third party information, materials, programs, products, and services or any other information, materials, programs, products, and services which such third party materials, products, and services may access. Your correspondence or any other dealings with third parties identified on this Site are solely between you and such third party.
- LINKS TO OTHER SITES. NVTC may provide links, in its sole discretion, to other sites on the World Wide Web for your convenience in locating or accessing related information, products, and services. These sites have not necessarily been reviewed by NVTC and are maintained by third parties over which NVTC exercises no control. Accordingly, NVTC expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or quality of the products or services provided by, available through, or advertised on these third party web sites. Moreover, these links do not imply an endorsement with respect to any third party or any web site or the products or services provided by any third party.
- LINKS TO THIS SITE. NVTC encourages and permits text links to this Site and its content and, in particular, by way of the use of specific NVTC logos (available at [add hypertext link]). However, any links to this Site should not suggest that NVTC promotes or otherwise endorses any third party products, services, programs, causes, campaigns, websites, or information unless NVTC has provided prior written consent for such promotion or endorsement.
- DISCLAIMER. THIS SITE AND ITS INFORMATION AND MATERIALS ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. NVTC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS
- LIMITATION OF LIABILITY. NVTC SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE OR LOSS ARISING FROM ANY CAUSE BEYOND ITS CONTROL. MOREOVER, IN NO EVENT SHALL NVTC BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RESULTING FROM USE OF THE SITE.
- GOVERNING LAW. This TOS has been made in and will be construed and enforced in accordance with the laws of the Commonwealth of Virginia as applied to agreements entered into and completely performed in the Commonwealth of Virginia. Any action to enforce this TOS will be brought in the federal or state courts presiding in Fairfax County, Virginia, United States of America, and all parties to this TOS expressly agree to be subject to the jurisdiction of such courts. A printed version of this TOS and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this TOS to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
- TERMINATION. NVTC reserves the right to view, monitor, and record activity on the Site without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the Site. NVTC will also comply with all court orders involving requests for such information. In addition to the foregoing, NVTC reserves the right to at any time, and without notice, to modify, suspend, terminate, or interrupt operation of or access to the Site, or any portion of the Site in order to protect the Site, NVTC, or NVTC's business. Any rights granted by this TOS shall also terminate if you fail to comply with the terms and conditions of this TOS.
- WAIVER & SEVERABILITY. Failure to insist on strict performance of any of the terms and conditions of this TOS will not operate as a waiver of any subsequent default or failure of performance. No waiver by NVTC of any right under this TOS will be deemed to be either a waiver of any other right or provision or a wavier of that same right or provision at any other time. If any part of this TOS is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this TOS shall continue in effect.