The following terms (“Terms of Use”), along with any other Policies that may apply to you as a Member of the NKBA or visitor of the NKBA.org website, govern your use of the NKBA.org website, including all content, features, services and web software found or used via the NKBA.org website.
Changes to These Terms of Use
The Site and all or any portion of these Term of Use are subject to change and your use of the Site following any changes means that you accept the revised policies. If we amend any of the policies, where required by law, we will post the changes at least 30 days before the amendment takes effect. Therefore, please periodically check this page for changes. We will also notify Account holders when these policies change by sending an email, to the email address they use to log into their Account, that identifies new provisions and changes relative to the previous provisions, the effective date of the change, and the fact that you may terminate your Account (or NKBA membership) in lieu of accepting the changes.
If you have any questions regarding these Terms of Use or our other policies, please feel free to contact us at info@nkba.org.
Definitions
In addition to the terms defined elsewhere in these Term of Use, the following terms have the following meanings for the purposes of these Terms of Use.
“Member” means a member of the NKBA.
“NKBA”, “we”, “us”, “our” and the like, refer collectively and individually to the National Kitchen and Bath Association and its service providers.
“Policies” means these Terms of Use, NKBA’s Privacy Policy and, if you are a Member, NKBA’s By-laws and Standards of Conduct.
“Site” refers to the NKBA.org website, including the content, features, services and web software provided via the Site.
Accounts
In order to access some of the features of the Site, you have to have to create an account (an “Account”) using a temporary password provided to you by NKBA. By setting up an Account and using Account-related services, you represent and warrant that you are at least 18 years of age and able to form legally binding contracts under applicable law. Accounts are not intended for use by minors. As of the Effective Date of these policies (listed below), Accounts are only available to Members and subscribers to NKBA’s Knowledge Base.
When you create your Account, you will be required to provide personally-identifiable information, including your name and how we can reach you in connection with NKBA matters (e.g., an email address, mailing address and phone number that you used for communications of a commercial nature). You represent and warrant to NKBA that all information you submit when you create your Account is accurate and complete, and that you will keep such information up to date. You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, so you must keep your Account information secure, including without limitation your Account ID (which may be an email address), password, and where applicable, payment method(s). You must notify NKBA immediately of any breach of security or unauthorized use of your Account. NKBA is not liable for any loss you incur due to any unauthorized use of your Account.
NKBA shall have the right to suspend or terminate your Account for any violations of these Terms of Use or other applicable policies, including NKBA’s privacy policy.
Your Content
For the purposes of these policies, “Your Content” means any content (including text, photographs, videos, three-dimensional models, sound files, or any other audio, visual or tactile information) that you or someone on the your behalf submits to the NKBA for the purposes of making the content accessible to visitors of the Site. If you are a Member, “Your Content” automatically includes any content that is posted on your publicly-accessible page on the Site or consulting/employment opportunities you post to Site using your Account ID and password.
You retain all of your ownership rights in Your Content.
By submitting Your Content to NKBA, you agree to grant and hereby do grant to the NKBA the non-exclusive, royalty-free, world-wide right to use, reproduce, distribute, perform, and display Your Content without any accounting, royalty or any other obligation owed to you, and waive any applicable moral rights in favor of NKBA, its designees and sublicensees, all to the maximum extent permitted by law; provided, however, these Terms or Use do not grant the NKBA the right to reproduce or distribute Your Content for the purpose of promoting third party products or services without your consent.
To the extent Your Content contains imagery such as photos or videos, the software used to maintain and display Your Content may automatically resize, crop or adjust the color of your Content, and may modify the meta-data or image data itself to identify the NKBA and/or the URL of the Member’s profile page on the Site.
You may remove Your Content from the Site in your sole discretion. When you remove Your Content, it may take a commercially reasonable amount of time for the deletion to take effect. NKBA may continue to retain a copy of Your Content for archival purposes until it is no longer required to be retained for NKBA’s reasonable business purposes. NKBA is not obligated to remove Your Content from other data with which it has been aggregated for analytical purposes and not readily excised.
You represent and warrant that you own all necessary right, title and interest in Your Content. You also represent and warrant that the reproduction, distribution, display, and performance of Your Content on the Site, and the use of Your Content by NKBA consistent with these policies, by NKBA, its successors, assigns or sublicensees does not violate any applicable law or the rights of any entity (e.g., arising out of statutes, regulations, contracts or common law) including, by way of example only, intellectual property law (e.g., copyright or trade secrets) or the privacy rights of any entity or person. Lawful or not, your Content must not include any (a) harassing, defamatory, libelous, threatening or demeaning content, (b) content that is discriminatory or offensive based on race, gender, religious belief, disability or sexual orientation, or ethnicity, (c) content promoting damage or injury to any person or property, (b) nudity or obscenities, (c) personally-identifiable information of anyone other than you, or (d) viruses, Trojan horses or the like, or information intended to disrupt operation of the Site or the NKBA, or (e) information that you know or have reason to know is inaccurate, misleading or deceptive.
This policy does not obligate NKBA to display Your Content on the Site. NKBA may remove any or all of Your Content from the Site at any time without prior notice and in its sole discretion. Although it is not obligated to do so, NKBA will typically remove a Member’s content after their membership expires.
Our Content
NKBA’s and its vendors’ names and logos displayed on the Site constitute trademarks, trade names, service marks or logos owned by or licensed to NKBA and its vendors and ownership thereof and goodwill associated therewith remains with NKBA, its vendors or their respective licensors, as applicable.
Subject to your compliance with these policies, you may access, view and display the Site on equipment under your sole possession and control. You may not include or embed any portion of the Site in any advertising, other websites or any other content without NKBA’s permission. You may not modify, adapt, create derivative works based on, distribute, sell, transfer, lease, decompile, disassemble, reverse engineer, or remove any proprietary notices or labels from, any portion of the Site, and you must use the Site in accordance with applicable law.
If you submit suggestions for changes to the Site to NKBA, you grant to NKBA an irrevocable, transferable, royalty-free, worldwide and perpetual right to implement and use such suggestions in connection with the Site and waive any applicable moral rights in favor of NKBA.
Links to Other Websites
This Site may include links to other websites that are not owned or controlled by the National Kitchen and Bath Association. By way of example, Members may post links to other websites on their profile pages.
NKBA does not endorse the products, services, or views expressed in linked websites or warrant the accuracy of any of the information on them, and we cannot control the content on these sites. In addition, these other sites have their own privacy policies and terms of use, which may differ from the privacy policy and terms of use of NKBA. NKBA is not liable or responsible for any damage or liability you may incur arising out of the use of websites to which the Site links but is not under the ownership or control of the National Kitchen and Bath Association.
Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our DMCA agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(d) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(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 owner, its agent, or the law; and
(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.
You may direct copyright infringement notifications to our DMCA agent.
If Your Content is removed based on a copyright infringement notification submitted to our DMCA agent, we will notify you promptly using the email address you provided with your Account. If you believe Your Content was improperly removed based on the assertion that it infringes the copyright rights of another, please contact our DMCA agent for instructions on how to submit a counter notification (see 17 U.S.C 512(c)(3) for further detail). A successful counter notification will cause your removed Content to be reposted in 10-14 days.
Please also be advised that if our DMCA agent receives more than one copyright infringement notification as a result of content posted to your Account, and no counter notification is submitted, we will send you a warning using the email address you provided with your Account. If a successful counter notification is still not submitted, any subsequent notification we receive as a result of content posted to your Account may result in termination of your Account.
You may contact our DMCA agent by email at DMCA@NKBA.ORG or by mail at Attention: DMCA Agent, The National Kitchen and Bath Association, 1 West Broad Street, Suite 300, Bethlehem, PA 18018.
Disclaimer
You understand that when using the Site, you will be exposed to content from a variety of sources, and that NKBA is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content.
You should always seek the advice of qualified professionals that are knowledgeable about the federal, state, provisional/territorial or local requirements of any construction project or other endeavor you undertake. The content of the Site is for informational purposes only and does not constitute legal or certified advice of any kind. Product and service recommendations and any other opinions appearing on a Member’s profile page are the Member’s alone and do not necessarily reflect the opinion of NKBA.
Children under 13 or 18
The Site is not intended for children under 13 and we do not knowingly collect information from children under the age of 13. If you are under 13 years of age, then please do not use the Site. If you are under age of 18, you should use this website with the involvement of your parent or guardian and you should not submit any personal information to us.
Limitation of Liability
Reliance on any information appearing on the Site, whether provided by NKBA, its Members, Account holders, visitors to the Site or others, is solely at your own risk. In using the Site, you agree that neither NKBA nor any other party will be liable or otherwise responsible for any decision made or action taken or not taken due to your use of information presented through the Site or Services.
THE SITE IS PROVIDED “AS IS”. TO THE FULLEST EXTENT PERMITTED BY LAW, NKBA DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR USE OR PURPOSE.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NKBA BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF NKBA HAS BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES, ARISING OUT OF ANY USE OF THE SITE OR ANY WEBSITE TO WHICH THE SITE LINKS, INCLUDING DAMAGES RESULTING FROM ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF INFORMATION PROVIDED OR MAINTAINED BY THE SITE, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, (C) INTERRUPTION OR CESSATION OF THE SITE’S OPERATION, OR (D) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF NKBA FOR ANY DAMAGES EXCEED ONE HUNDRED U.S. DOLLARS ($100).
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for direct, incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that NKBA may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of NKBA’s liability will be limited to the fullest extent permitted by applicable law.
Indemnity
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless NKBA, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your use of and access to the Site; (b) your violation of any term of these policies; (c) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (d) any claim that Your Content caused damage to a third party. This defense and indemnification obligation will survive termination of these policies, the termination of your membership in the NKBA (if you are a Member) and your cessation of use of the Site.
Applicable Law
The Site is intended to comply with the laws and regulations of the United States and Canada and, as set forth in the Privacy Policy, EU Data Protection Laws. The Site is intended for use only by residents of the United States, Canada and the European Union. Other countries may have laws and regulatory requirements that differ from those of the United States and Canada, and the EU Data Protection Laws, and the Site is not intended to subject us to such laws, requirements or practices.
To the extent not prohibited by applicable law (e.g., the laws of Quebec or the European Data Protection Laws): these policies are governed by the laws of the State of New Jersey, as such laws apply to contracts between New Jersey residents entered into and performed entirely in New Jersey, notwithstanding your place of residency or New Jersey conflicts of law provisions; you agree that the Site shall be deemed a passive website that does not give rise to personal jurisdiction over NKBA, either specific or general, in jurisdictions other than New Jersey; and Any claim or dispute between you and NKBA that arises in whole or in part from the Site shall be decided exclusively by a court of competent jurisdiction located in Newark, New Jersey.
If any provision of these Terms of Use is found to be invalid or unenforceable, it will be enforced to the extent permissible and, to the extent invalid or unenforceable, such provision shall be deemed modified to the most limited extent necessary to be valid and enforceable, in accordance with applicable law, while still as fully as possible carrying out the intent of the original provision, and the remainder of these Terms of Use will remain in full force and effect.
Miscellaneous
These Terms of Use, along with the privacy policy and any other policies that may apply to you as a Member of the NKBA, subscriber to the NKBA Knowledge Base or visitor of the NKBA.org website, constitute the entire agreement between you and NKBA with respect to, and supersedes any previous oral or written communications or documents concerning, the subject matter of these policies. NKBA’s failure to assert any right or provision under these policies shall not constitute a waiver of such right or provision.
These policies, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by NKBA without restriction.
Use of the terms “including”, “for example” and the like in these policies means “including, by way of example and not limitation”.
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If you have any questions or concerns about your information or require assistance in managing your choices, contact NKBA at privacy@NKBA.org.
Effective Date: July 31, 2018