PLEASE READ THESE ONLINE TERMS AND CONDITIONS OF USE (THE "AGREEMENT")
CAREFULLY. BY ACCESSING, USING, OR DOWNLOADING MATERIALS FROM THIS
WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS JUST AS IF
YOU HAD SIGNED THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS
AGREEMENT, DO NOT USE THIS WEBSITE.
Ownership of Website.
Associations,
Inc. and its related companies (collectively, the "Company") is the
owner of this website (the "Website"). This Website contains
information, including, without limitation, all text, graphics,
photographs, graphs, sounds, data, images, audio, page headers,
software (including HTML and other scripts), buttons, video, and other
icons, and the arrangement and compilation of this information
(collectively, the "Information") that is either owned or licensed by
Company. You may download, view, copy and print the Information
incorporated into this Website solely for your non-commercial use.
Use Restrictions.
As
a condition of your use of this website, you will not use this website
for any purpose that is unlawful or prohibited by these Terms and
Conditions of Use or to facilitate unfair competition with the
Website. You may not use this Website in any manner that could damage,
disable, overburden, or impair any Company server, or the network(s)
connected to any Company server, or interfere with any other party's
use and enjoyment of this Website. You may not attempt to gain
unauthorized access to any portions of this Website, other accounts,
computer systems or networks connected to any Company server, through
hacking, password mining or any other means. You may not obtain or
attempt to obtain any materials or information through any means not
intentionally made available through this Website. You agree to use
the Website and Information for lawful purposes only. You agree not to
post or transmit any information through the Website which (1)
infringes the rights of others or violates their privacy or publicity
rights, (2) is unlawful, threatening, abusive, defamatory, libelous,
vulgar, obscene, profane, indecent or otherwise objectionable, (3) is
protected by copyright, trademark or other proprietary right without
the express written permission of the owner of such right, (4) which is
used to unlawfully collude against another person in restraint of trade
and competition, (5) contains unauthorized or malicious software such
as viruses. You shall be solely liable for any damages resulting from
any infringement of copyright, trademark or other proprietary right, or
any other harm resulting from your use of the Website or Information.
Linking.
You
may not use any of Company's proprietary logos, marks, or other
distinctive graphics, video, or audio material in your links, without
the Company’s express written permission, which the Company may
withhold in its sole discretion. You may not link in any manner
reasonably likely to 1) imply affiliation with or endorsement or
sponsorship by Company; 2) cause confusion, mistake, or deception; 3)
dilute Company's trademarks or service marks; or 4) otherwise violate
state or federal law. In addition, you may only link to the home page
of the Website, unless otherwise authorized in writing by Company.
This Website may contain links to other Websites. These links are
provided for informational purposes only, and Company does not sponsor
or affiliate with any linked entity unless expressly stated. Company
makes no representations and assumes no responsibility for your use of
links provided on the Website.
Passwords.
You
may be issued a userid and/or password or other positive identifier to
utilize certain portions of this website. You are entirely responsible
for maintaining the confidentiality of your password. Furthermore, you
are entirely responsible for any and all activities that occur under
your account. You agree to notify Company immediately of any
unauthorized use of your account or any other breach of security.
Company will not be liable for any loss that you may incur as a result
of someone else using your password, either with or without your
knowledge. However, you could be held liable for losses incurred by
Company or another party due to someone else using your password.
Delays in Services.
The
Company shall not be liable for any loss or liability resulting,
directly or indirectly, from delays or interruptions due to electronic
or mechanical equipment failures, telephone interconnect problems,
defects, weather, strikes, walkouts, fire, acts of God, riots, armed
conflicts, acts of war, or to other like causes beyond the reasonable
control of Company. Company shall have no responsibility to provide
you access to the Website while interruption of the Website due to any
such cause shall continue.
Termination.
Termination
or cancellation of this Agreement shall not affect any right or relief
to which Company may be entitled, at law or in equity. Upon
termination of this Agreement, all rights granted to you will terminate
and revert to Company. This Agreement shall remain in full force and
effect unless terminated or canceled for any of the following reasons;
1) upon thirty (30) days written notice by either party of its intent
to terminate this Agreement; 2) immediately by Company for any
unauthorized access or use by you, including, without limitation: (i)
concurrent access to a restricted portion of the Website with identical
userids; (ii) permitting another person or entity other than the person
to whom the userid or password was assigned by Company to use your
userid or password to access the Website; or (iii) any other access or
use of the Website except as expressly provided in this Agreement; 3)
immediately by Company if you assign or transfer (or attempt the same)
any rights granted to you under this Agreement; 4) immediately, if you
fail to abide by the rules and regulations relating to the use of, or
tamper with or alter any of the Information contained in, or accessed
through, the Website; 5) immediately, if you transmit or receive any
Information using the Website (or cause the same) in violation of this
Agreement (Company, at its sole discretion, shall determine whether any
information transmitted or received violates this provision); or 6)
immediately, if you violate any of the other terms and conditions of
this Agreement.
Monitoring.
You
acknowledge that Company reserves the right to, and may from time to
time, monitor any and all Information transmitted or received through
the Website. Company, at its sole discretion and without further
notice to you, may (but is not obligated to) review, censor or prohibit
the transmission or receipt of any Information which Company deems
inappropriate or that violates any term or condition of this
Agreement. During monitoring, Information may be examined, recorded,
copied, and used for authorized purposes. Use of the Website,
authorized or unauthorized, constitutes consent to such monitoring.
Limited Warranty.
You
acknowledge that the Information and links provided through the Website
are compiled from sources which are beyond the control of Company.
Though such Information is recognized by the parties to be generally
reliable, the parties acknowledge that inaccuracies may occur, and that
Company and its licensors do not warrant the accuracy or suitability of
the Information. FOR THIS REASON, YOU ACKNOWLEDGE THAT THE WEBSITE AND
INFORMATION ARE PROVIDED TO YOU ON AN "AS IS, WITH ALL FAULTS" BASIS.
COMPANY AND ITS LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES,
WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY
IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED
WARRANTY OF MERCHANTABILITY, ANY WARRANTIES ARISING BY VIRTUE OF CUSTOM
OF TRADE OR COURSE OF DEALING AND ANY IMPLIED WARRANTIES OF TITLE OR
NON-INFRINGEMENT. FURTHER, COMPANY AND ITS LICENSORS DO NOT REPRESENT
OR WARRANT THAT THE WEBSITE OR INFORMATION WILL MEET YOUR REQUIREMENTS
OR ARE SUITABLE FOR YOUR NEEDS. Under this Agreement, you assume all
risk of errors and/or omissions in the Website and Information,
including the transmission or translation of Information. YOU HEREBY
ASSUME ALL RESPONSIBILITY (AND THEREBY HOLD COMPANY HARMLESS), BY
WHATEVER MEANS YOU DEEM MOST APPROPRIATE FOR YOUR NEEDS, FOR DETECTING
AND ERADICATING ANY VIRUS OR PROGRAM WITH A SIMILAR FUNCTION.
Limitation of Liability.
You
assume full responsibility for implementing sufficient procedures and
checks to satisfy your requirements for the accuracy and suitability of
the Website and Information, and for maintaining any means which you
may require for the reconstruction of lost data or subsequent
manipulations or analyses of the Information provided under this
Agreement. YOU AGREE THAT COMPANY AND ITS LICENSORS (INCLUDING ITS AND
THEIR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS,
REPRESENTATIVES OR CONTRACTORS) SHALL NOT IN ANY EVENT BE LIABLE FOR
ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE
OR INABILITY TO USE THE WEBSITE AND INFORMATION FOR ANY PURPOSE
WHATSOEVER. IF THE ABOVE LIMITATIONS OF LIABILITY SHOULD FAIL IN THEIR
ESSENTIAL PURPOSE FOR ANY REASON, SUCH LIABILITY IS AND SHALL BE
LIMITED TO $50.00 AS LIMITED DAMAGES AND NOT AS A PENALTY EVEN IF
COMPANY OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THIS LIABILITY SHALL BE COMPLETE AND EXCLUSIVE. THE
PROVISIONS CONTAINED IN THIS SECTION SHALL SURVIVE TERMINATION OF THIS
AGREEMENT.
Indemnification.
YOU
SHALL RELEASE AND SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS COMPANY,
ITS LICENSORS AND THEIR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, AND REPRESENTATIVES (THE "COMPANY PARTIES") FROM AND AGAINST
ANY AND ALL LOSSES, DAMAGES, CLAIMS, DEMANDS, SUITS, LIABILITIES,
FINES, PENALTIES AND EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES AND
EXPENSES) (COLLECTIVELY, "CLAIMS") OF WHATEVER KIND, CHARACTER, OR
NATURE BROUGHT BY OR ON BEHALF OF ANY PERSON THAT ARISE OUT OF, ARE
RELATED TO OR ARE IN CONNECTION WITH THIS AGREEMENT OR YOUR ACCESS OR
USE OF THE WEBSITE OR INFORMATION, EVEN IF CAUSED, IN WHOLE OR IN PART,
BY THE JOINT, SOLE, OR CONCURRENT NEGLIGENCE, GROSS NEGLIGENCE, STRICT
LIABILITY OR OTHER FAULT, WHETHER PASSIVE OR ACTIVE, OF ANY PERSON OR
ENTITY, INCLUDING BUT NOT LIMITED TO THE COMPANY PARTIES.
Privacy.
The
Company Website does not collect any personally identifying information
about you except when you expressly provide it. You agree that Company
can use your personal identifying information for editorial,
promotional, or marketing purposes, unless you request that your
information not be used in such manner. Please see our Privacy Policy
for more details.
Modification.
Company
reserves the right to modify the terms and conditions of this
Agreement. Such modifications may include, without limitation,
implementation of user priorities, implementation of rules for use by
you, and discontinuance of functional aspects of the Website. Company
may also add, withdraw or modify Information within the Website or
services provided through the Website at any time in its sole
discretion. All such modifications shall be displayed online, and such
display shall constitute effective notice under this Agreement on the
day Company places them on the Website. You agree to review the terms
and conditions of this Agreement periodically to be aware of such
revisions.
No Conflicting Terms.
If
there is any conflict between this Agreement and any help text,
manuals, or other documents, this Agreement shall govern, whether such
other documents are prior to or subsequent to this Agreement, or are
signed or acknowledged by any member of the Company Parties.
Attorney's Fees.
If
Company takes action (by itself or through its representatives) to
enforce any of the provisions of this Agreement, including collection
of any amounts due hereunder, Company shall be entitled to recover from
you (and you agree to pay), in addition to all sums to which it is
entitled or any other relief, at law or in equity, reasonable and
necessary attorney's fees and any costs of any litigation.
Governing Law; Limitations; Venue.
This
Agreement shall be governed by the laws of the State of Texas,
excluding any rule or principle that would refer to and apply the
substantive law of another state or jurisdiction. To the extent
allowed by applicable law, any claims or causes of action arising from
or relating to your access and use of the Website or Information
contemplated by this Agreement must be instituted within two (2) years
from the date upon which such claim or cause arose or was accrued.
Further, any such claim or cause of action shall be brought exclusively
in the state or federal courts located in Dallas, Dallas County, Texas,
and you agree to submit to the exclusive personal jurisdiction of such
courts and hereby appoint the Secretary of State of Texas as your agent
for service of process. You agree to waive any objection that the
state or federal courts of Dallas County, Texas, are an inconvenient
forum.
Severability.
Whenever
possible, each provision of this Agreement shall be interpreted in such
manner as to be effective and valid under applicable law, but if any
provision of this Agreement shall be prohibited or invalid under
applicable law, such provision shall be ineffective to the extent of
such prohibition or invalidity without invalidating the remainder of
such provision or the remaining provisions of this Agreement. Any
unenforceable provision will be replaced by a mutually acceptable
provision which comes closest to the intention of the parties at the
time the original provision was agreed upon.
Copyright, Patent and Trademark Notice.
Copyright
2006 Associations, Inc. All rights reserved. The Website and
Information is the valuable, exclusive property of Company or its
licensors and nothing in this Agreement shall be construed as
transferring or assigning any such ownership rights to you or any other
person or entity. The Information is protected by contract law and
various intellectual property laws, including domestic and
international copyright laws. Except as permitted in this Agreement,
you may not copy, adapt, distribute, commercially exploit, or publicly
display the Information or any portion thereof in any manner whatsoever
without Company's prior written consent. You may not remove, alter or
obscure any copyright, legal or proprietary notices in or on any
portions of the Information. Company, and its associated logos, and
all page headers, custom graphics, buttons, and other icons are service
marks, trademarks, registered service marks, or registered trademarks
of Associations, Inc. or its affiliates. All other product names and
company logos mentioned on the Website or Information are trademarks of
their respective owners.
Assignments.
You
may not assign any of your rights, obligations, privileges, or
performance hereunder without the prior written consent of Company. Any
assignment by you other than as provided for in this Section 19 shall
be null and void for all purposes.
Notice and Procedure for Copyright Infringement Claim.
Company,
pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital
Millennium Copyright Act (the “Act”), reserves the right, but not the
obligation, to terminate your license to use the Website or Information
if it determines in its sole and absolute discretion that you are
involved in infringing activity, including alleged acts of first-time
or repeat infringement, regardless of whether the material or activity
is ultimately determined to be infringing. Company accommodates and
does not interfere with standard technical measures used by copyright
owners to protect their materials. In addition, pursuant to 17 U.S.C.
Section 512(c), Company has implemented procedures for receiving
written notification of claimed infringements and for processing such
claims in accordance with the Act. Company’s designated agent to
receive notification of claimed infringement is:
Associations, Inc.
Attn: Legal Department
5401 N. Central Expressway, Suite 300
Dallas, Texas 75205
In
addition, any written notice regarding any defamatory or infringing
activity, whether of a copyright, patent, trademark or other
proprietary right, should be sent to the Company designated agent,
listed above, and must include the following information:
(a)
A physical or electronic signature of a person authorized to act on
behalf of (1) the owner of an exclusive right that is allegedly
infringed or (2) the person defamed.
(b) Identification of the copyrighted work claimed to have been infringed.
(c)
Identification of the material that is claimed to be infringing, to be
the subject of infringing activity, or that is claimed to be defamatory
and that is to be removed or access to which is to be disabled, and
information reasonably sufficient to permit us to locate the material.
(d) Information to enable us to contact you, such as your address, telephone number, and/or electronic mail address.
(e)
A statement that you have a good faith belief that use of the material
in the manner complained of is not authorized by the copyright or other
proprietary right owner, its agent, or the law.
(f) A statement
that the information in the notification is accurate, and under penalty
of perjury, that you are authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed or on behalf of the person
defamed.
Entire Agreement.
THIS
AGREEMENT IS COMPLETE AND EFFECTIVE AT THE TIME YOU AGREE TO IT BY
ACCESSING OR USING THE WEBSITE OR INFORMATION. THIS AGREEMENT
CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES, AND NO OTHER
AGREEMENT, WRITTEN OR ORAL, EXISTS BETWEEN YOU AND COMPANY.
Trademarks
The
trademarks, service marks and logos listed below (the "Associa Marks")
are the property of Associations, Inc. No license or right to use any
of the Associa Marks is granted whether by implication or otherwise,
and use of any of the Associa Marks is strictly prohibited unless
authorized in writing by Associations, Inc. All inquiries regarding
the Associa Marks or whether any other name, trademark, service mark or
logo is the property of Associations, Inc. should be directed to
Associations, Inc., Attn: Legal Department, 5401 N. Central Expressway,
Suite 300 Dallas, Texas 75205. Other brands, product names,
trademarks, service marks and logos appearing on this Site are the
property of their respective owners.
ASSOCIA
ASSOCIA CARES
ASSOCIA PAC
ASSOCIA UNIVERSITY
ASSOCIATION COMMUNICATIONS
ASSOCIATION TIMES
COMMUNITY ARCHIVES
FRONT DOOR
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CONTACT
4222 Cox Road
Suite 110
Glen Allen, VA 23060
Tel: 804-270-1800
Fax: 804-346-8640
11818 Rock Landing Drive
Suite 204
Newport News , VA 23606
Tel: 757-873-1800
Fax: 757-873-3441
4534 Bonney Road
Virginia Beach, VA 23462
Tel: 757-499-2200
Fax: 757-499-5928
1828 Pavilion Circle
Charlottesville, VA 22911
Tel: 434-984-0700
Fax: 434-984-1211
50 Braemar Circle
Williamsburg, VA 23188
Tel: 757-345-6400
Fax: 757-345-6424
 Contact Us
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