Effective as of October 31, 2016
IMPORTANT – PLEASE READ THE FOLLOWING TERMS AND CONDITIONS (REFERENCED COLLECTIVELY HEREIN AS THE “TOU”) BEFORE USING NDIA WEBSITE(S) (www.ndia.org, www.nationaldefensemagazine.org, www.womenindefense.net, www.trainingsystems.org, www.precisionstrike.org, www.iitsec.org, and www.sofic.org) AND ANY MATERIALS, SOFTWARE FUNCTIONALITY, AND INFORMATION AVAILABLE THROUGH THIS WEBSITE (THE FOREGOING COLLECTIVELY REFERENCED HEREIN AS THESE “SITES”). NATIONAL DEFENSE INDUSTRIAL ASSOCIATION (“NDIA”) IS WILLING TO LICENSE THE USE OF THESE SITES TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS TOU. IF YOU DO NOT AGREE WITH THIS TOU, YOU ARE NOT GRANTED PERMISSION BY NDIA TO ACCESS OR OTHERWISE USE THESE SITES AND ARE INSTRUCTED TO EXIT THESE SITES IMMEDIATELY.
1.LICENSE GRANT.These sites is owned and operated by NDIA, and this TOU provides to you (identified herein as “you” or a “user” or with “your”) a personal, revocable, limited, non-exclusive, royalty-free, nontransferable, and nonsublicenseable license to use these sites conditioned on your continued compliance with the terms and conditions of this TOU. Additionally, this TOU provides to you a personal, revocable, limited, non-exclusive, nonsublicenseable license to post a plain text link to these sites from your personal web page or social media page using any of the websites collectively known as “the site”.You may print and download materials and information from these sites solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information and that you do not distribute or further disclose such materials and information.If you wish to distribute or display the materials and information found on these sites or to use such materials and information for commercial purposes, you may contact NDIA using the contact information set forth in Section 22 below. This TOU is only a license and not an assignment or sale.Accordingly, you expressly acknowledge and agree that NDIA transfers no ownership or intellectual property interest or title in and to these sites to you or anyone else.
2.LICENSE GRANT RESTRICTIONS.Notwithstanding the foregoing, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein these sites. Moreover, you may not (i) use any “deep link,” “page scrape,” “robot,” “spider,” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of these sites or in any way reproduce or circumvent the navigational structure or presentation of these sites to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through these sites; (ii) attempt to gain unauthorized access to any portion or feature of these sites or any system(s) or network(s) connected to these sites or to any NDIA server(s) or to any of the services offered on or through these sites, by hacking, password “mining,” or any other illegitimate means; (iii) probe, scan, or test the vulnerability of these sites or any network connected to these sites; (iv) breach the security or authentication measures on or for these sites or any network(s) connected to these sites; (v) reverse look-up, trace, or seek to trace any information on any other user of or visitor to these sites; (vi) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of these sites or NDIA’s system(s) or network(s) or any system(s) or network(s) connected to these sites; (vii) use any device, software, or routine to interfere with the proper working of these sites or any transaction conducted on these sites, or with any other person’s use of these sites, (viii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to NDIA on or through these sites, (ix) use these sites to harvest or collect email addresses or other personally identifiable information, or (x) use these sites in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact NDIA.WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY INFORMATION OR MATERIALS PROVIDED BY NDIA TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
3.USER OBLIGATIONS.By installing, accessing, or using these sites in order to view NDIA’s information and materials or enter into a transaction through these sites, you represent that you are at least eighteen (18) years of age (or the legal age of majority) (whichever is greater)) and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on or through these sites, including, without limitation, when you provide information via a Site registration or submission form.In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of these sites.You also acknowledge and agree that use of the Internet and these sites are solely at your own risk.While NDIA has endeavored in each instance to create a secure and reliable Site, you should understand that the confidentiality of any communication or material transmitted to/from these sites over the Internet or other global communication network cannot be guaranteed.Accordingly, NDIA is not responsible for the security of any information transmitted via the Internet or other global communication network.
4.PROPRIETARY RIGHTS.All text, graphics, user interfaces, visual interfaces, photographs, audio, video, sounds, artwork, computer code (including html code), programs, software, products, 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 these sites, unless otherwise indicated, are owned, controlled, and licensed by NDIA and/or its licensors and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations.Except as expressly provided herein, NDIA does not grant any express or implied right to you or any other person under any intellectual or proprietary rights.Accordingly, your unauthorized use of these sites may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes.These sites is Copyright © 2016 National Defense Industrial Association and/or its licensors.All rights reserved.NDIA also owns a copyright in the contents of these sites as collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of these sites.Any downloadable or printable information or materials available through these sites, unless otherwise indicated, are owned by NDIA and/or its licensors.NDIA, the National Defense Industrial Association logo, and all other names, logos, and icons identifying NDIA and its programs, products, and services are proprietary trademarks of NDIA, and any use of such marks without the express written permission of NDIA is strictly prohibited.Other services, product, or company names mentioned herein may be the trademarks and/or service marks of their respective owners.
5.OTHER TERMS AND CONDITIONS.Additional notices, terms, and conditions may apply to membership, receipt of (or access to) certain services, participation in a particular program, and/or to specific portions or features of these sites.You agree to abide by such other notices, terms, and conditions, as applicable.If there is a conflict between this TOU and the terms posted for or applicable to a specific portion of these sites, the latter terms shall control with respect to your use of that portion of these sites or the affected product, program, or service.NDIA’s obligations, if any, with respect to its services, programs, and/or products are governed solely by the terms, conditions, notices, and agreements pursuant to which they are provided, and nothing in this TOU should be construed to alter such terms, conditions, notices, and agreements.
7.Mobile Services. These sites may offer certain tools or online functionality that are available to you via your mobile phone or other mobile device (collectively, “Mobile Services”).Please note that your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of the Mobile Services.In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices.Therefore, you are responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile device(s), what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you.Nevertheless, all use of these sites and its Mobile Services shall be in accordance with this TOU.
8.POSTINGS.These sites may contain or provide access to a message forum and other interactive features and functionality, where you can share and exchange information or content (referenced collective as “Postings”).To the extent that these sites allow for such communication functionality, you agree that by using these sites you will not upload, post, display, or transmit any of the following:
- anything that interferes with or disrupts these sites or the operation thereof,
- statements or material that defame, harass, abuse, stalk, threaten, intimidate, or in any way violate the rights of others,
- unauthorized copyrighted materials or any other material that infringe on the intellectual property rights, trade secrets, or privacy of others,
- statements or material that violate other contractual or fiduciary rights, duties, or agreements,
- statements or material that are bigoted, hateful, or racially offensive,
- statements or material that encourage criminal conduct or that would give rise to civil liability or otherwise violate any law or regulation in any jurisdiction,
- statements or material that constitute anti-competitive collaboration and/or antitrust violations,
- statements or material that contains vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person,
- statements or material that harm minors,
- statements or material that impersonate any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of NDIA,
- statements or material that misrepresent your affiliation with any entity and/or NDIA,
- anything that violates the privacy or publicity rights of any other person, including, without limitation, posting any personally identifiable information of another individual,
- chain letters or pyramid schemes,
- statements or materials that are deceptive or misleading,
- statements or material that constitutes junk mail, spam, or unauthorized advertising or promotional materials, or
- files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network, or these sites.
9.PERMISSION TO USE POSTINGS. By submitting any type of a Posting(s), you automatically and hereby grant a royalty-free, transferable, sublicensable and non-exclusive right and license for NDIA to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, and display (in whole or in part) worldwide, or act on any such Posting, without additional approval or consideration, in furtherance of and in connection with the operation of these sites, and you hereby waive any claim to the contrary.NDIA reserves the right to establish additional practices, parameters, and limits in its sole discretion concerning the storage, display, or availability of any Posting.Further, NDIA shall not have any obligation to incorporate or utilize any Posting that does not correspond to or meet NDIA’s technical or usage practices, parameters, and limits. You represent that you have all necessary rights to make a Posting(s) available to NDIA, and you also acknowledge that NDIA has no control over the extent to which any idea or information (in a Posting) may be used by any party or person once it’s posted or displayed.
10.NO PRE-SCREENING OF POSTINGS. NDIA is not responsible for screening, policing, editing, or monitoring your or another user’s Postings and encourages all of its users to use reasonable discretion and caution in evaluating or reviewing any Postings. Moreover, NDIA does not endorse, oppose, or edit any opinion or information provided by you or another user and does not make any representation with respect to, nor does it endorse the accuracy, acceptability, completeness, timeliness, or reliability of any Posting displayed, uploaded, or distributed by you or any other user. Nevertheless, NDIA. reserves the right to monitor, delete, access, read, preserve, disclose or take other action with respect to Postings (or parts thereof) that NDIA reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce this TOU, including investigation of potential violations thereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, (v) protect the rights, property or safety of NDIA, its users, or the public, or (vi) that NDIA believes in good faith violate this TOU and/or are, or are potential, unlawful or harmful to NDIA, its services, or goodwill. If you violate this TOU, NDIA may, in its sole discretion, delete the unacceptable content from your Posting, remove or delete the Posting in its entirety, issue you a warning, and/or terminate your use of these sites.
11.FEEDBACK. NDIA welcomes your feedback and suggestions about how to improve these sites.By transmitting any suggestions, information, material, or other content (collectively, “feedback”) to NDIA, you represent and warrant that such feedback does not infringe 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 NDIA.In addition, any feedback received through these sites will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for NDIA 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, and for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary.
12.LINKS TO OTHER SITES.NDIA may provide links, in its sole discretion, to other sites on the World Wide Web for your convenience in locating related information, products, and services.Such other sites are maintained by third parties over which NDIA exercises no control.Accordingly, NDIA expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or quality of the information, products or services provided by, available through, or advertised on these third party websites.Moreover, these links do not imply an endorsement with respect to any third party or any third party web site or the information, products, or services provided by any third party.
13.LINKS TO THESE SITES. Per the license grant above, NDIA encourages and permits (plain) hypertext links to the primary landing page for any of its sites (www.ndia.org, www.nationaldefensemagazine.org, www.womenindefense.net, www.trainingsystems.org, www.precisionstrike.org, www.iitsec.org, and www.sofic.org).NDIA is an organization committed to the highest ethics and standards and therefore, any links to these sites should not suggest that NDIA promotes or otherwise endorses or is affiliated with any third party products, services, programs, causes, campaigns, websites, or information unless NDIA has provided prior written consent for such promotion, affiliation, or endorsement.
14.DISCLAIMER.THE SITES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES.NDIA ALSO DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE USE OR THE RESULTS OF THE USE OF THE SITES. MOREOVER, NDIA MAY MAKE MODIFICATIONS AND/OR CHANGES WITH RESPECT TO ANY SITE AT ANY TIME AND FOR ANY REASON.YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE SITES.NDIA MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILTY, LEGALITY, OR ACCURACY OF THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, SOFTWARE, AND MATERIALS AVAILABLE ON OR THROUGH THESE SITES FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
15.LIMITATION OF LIABILITY.YOU EXPRESSLY ABSOLVE AND RELEASE NDIA FROM ANY CLAIM OF HARM RESULTING FROM A CAUSE BEYOND NDIA’S CONTROL, INCLUDING, BUT NOT LIMITED TO, FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, COMPUTER VIRUSES, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, SEVERE WEATHER, EARTHQUAKES, OR NATURAL DISASTERS, STRIKES, OR OTHER LABOR PROBLEMS, WARS, OR GOVERNMENTAL RESTRICTIONS.MOREOVER, IN NO EVENT SHALL NDIA BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THESE SITES OR WITH THE DELAY OR INABILITY TO USE THESE SITES, OR FOR ANY INFORMATION, SERVICES, PROGRAMS, PRODUCTS, SOFTWRE, AND MATERIALS AVAILABLE THROUGH THESE SITES, OR OTHERWISE ARISING OUT OF UTILIZATION OF THESE SITES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF NDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABLITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY.NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF NDIA FOR ANY REASON WHATSOEVER RELATED TO USE OF THESE SITES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO NDIA DURING THE PAST SIX MONTHS IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE.
16.GOVERNING LAW.This TOU 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 TOU will be brought in the federal or state courts presiding in the Commonwealth of Virginia, and all parties to this TOU expressly agree to be subject to the jurisdiction of such courts.Any claim you might have against NDIA must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.A printed version of this TOU and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this TOU to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.These sites is controlled and operated by NDIA from its offices within the United States.NDIA makes no representation that these sites is appropriate or available for use in other locations, and access to these sites from territories or nations where any aspect of these sites is illegal is prohibited.You access these sites on your own volition and are responsible for compliance with all applicable local laws.
17.ENFORCING SECURITY ON THESE SITES.Actual or attempted unauthorized use of these sites may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law.NDIA reserves the right to view, monitor, and record activity on these sites without notice or permission from you, including, without limitation, by archiving notices or communications sent by you through these sites.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 or unlawful activity on these sites as well as to disclosures required by or under applicable law or related government agency actions.NDIA will also comply with all court orders or subpoenas involving requests for such information.In addition to the foregoing, NDIA reserves the right to, at any time and without notice, modify, suspend, terminate, or interrupt operation of or access to these sites, or any portion of these sites in order to protect these sites, NDIA, or NDIA’s business
18.INJUNCTIVE RELIEF.You acknowledge that any breach, threatened or actual, of this TOU, including, without limitation, with respect to unauthorized use of NDIA proprietary assets, will cause irreparable injury to NDIA, such injury would not be quantifiable in monetary damages, and NDIA would not have an adequate remedy at law.You therefore agree that NDIA shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOU.Accordingly, you hereby waive any requirement that NDIA post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to NDIA to enforce any provision of this TOU.
20.WAIVER & SEVERABILITY.Failure to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver of any subsequent default or failure of performance.No waiver by NDIA of any right under this TOU will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.If any part of this TOU is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers, venue, claim, and 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 TOU shall continue in effect.
22.CONTACT INFORMATION.If you have questions regarding these sites or if you are interested in obtaining more information concerning NDIA or permission to use any NDIA content, please contact the National Defense Industrial Association at 2101 Wilson Blvd, Ste 700, Arlington, VA 22201, (703) 247-1840 (phone), or firstname.lastname@example.org.