Terms and Conditions
Your Legal Obligations Regarding Content
You, and not NCPTA, are entirely responsible for all content that you upload, post (whether on a blog, listserv, message board, NCPTA social networking site, including Facebook, or other commenting Forum), or email or otherwise transmit via the Web Site.
Rules of Conduct - Blogs, Listservs, Social Networking Sites and Other Commenting Forums
We welcome and encourage open discussions on blogs, listservs, social networking sites or other commenting forums and look forward to your participation. However, you must follow various legal parameters. By choosing to participate in any blog, listserv, message board, social networking site or other commenting forum you must comply with all laws. Note that third party sites, such as Facebook, are governed by the terms and conditions and privacy policies of these third parties.
You alone are responsible for any consequences of any posting. NCPTA is not responsible for any material posted by any third party. Please note the following rules of conduct:
- Do not post any materials that violate any federal or state laws, including but not limited to libel, slander, antitrust, trademark, copyright, patent or unfair competition;
- Do not advocate or discuss illegal activity;
- Do not post anything which could encourage or facilitate discussions or any agreement that either expressly or impliedly leads to price fixing, a boycott of another's business, or other conduct intended to illegally restrict free trade;
- Do not post anything that could encourage or facilitate discussions about salaries, prices, discounts, terms of sales, profits, profit margins, cost data or market shares;
- Do not post any materials that do not pertain to the discussion, topic or theme of the forum;
- Do not Infringe upon a third-party copyright, nor invade the privacy or publicity rights of others;
- Do not post anything protected by copyright without the permission of the copyright owner;
- Do not post anything that is knowingly false, defamatory, profane, vulgar, obscene, threatening, abusive, hateful, bigoted, racially offensive, pornographic, embarrassing or that has any potential to cause any harm or damage to anyone as determined by NCPTA in its sole discretion;
- Do not post anything of a sexual nature;
- Do not use the Web Site for junk mail, spam, chain letters or pyramid schemes;
- Do not impersonate anyone or misrepresent who you are;
- Do not advertise, sell or solicit others;
- Do not use any Forum for any commercial purposes, even if you disclose that you are doing so;
- Do not post personally identifiable information or financial information.
NCPTA has no obligation to, and does not in its normal course, prescreen, monitor or review the materials posted online. NCPTA does not exert editorial control over any materials posted online. NCPTA reserves the right to prescreen, monitor and/or review all materials posted. NCPTA is not responsible for any such materials posted. NCPTA reserves the right to disclose any information to satisfy any legal, regulatory or governmental request. In its sole discretion, NCPTA reserves the right to refuse to post or remove a post, but due to the real-time nature of postings, it is impossible to prescreen, review or monitor every post. Posters who violate these terms and conditions may, among other things, have their message board privileges revoked. However, NCPTA assumes no liability or responsibility to uses or any other person or entity for performance or nonperformance of the aforementioned activities.
To report violations of these terms and conditions, including copyright issues, click here.
YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL NCPTA BE LIABLE FOR ANY CONTENT, INCLUDING BUT NOT LIMITED TO, INACCURACIES, ERRORS OR OMISSIONS, ANY CONTENT THAT IS OBJECTIONABLE IN ANY WAY, INCLUDING ANYTHING OFFENSIVE, INDECENT, DEFAMATORY, OR ANY LOSS OR DAMAGE INCCURED AS A RESULT OF YOUR USE, RELIANCE, READING, OR VIEWING OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, STORED OR OTHERWISE ACCESSED OR MADE AVAILABLE OR KNOWN TO YOU.
The Web Site and Forums may be used only for lawful purposes. As one of the conditions of your use of the Web Site and Forums, you represent, warrant, and agree that you will not use (or assist others to use) the Web Site and Forums for any purpose or in any manner that is prohibited by these terms, conditions and notices or by applicable law (including but not limited to any applicable export controls).
The information NCPTA provides on the Web Site and Forums is provided for informational purposes only. While NCPTA makes every effort to present accurate and reliable information, NCPTA does not represent, warrant, endorse, approve or certify any information displayed, uploaded, downloaded or distributed through the Web Site or Forums, nor does it guarantee the accuracy, completeness, efficacy, or timeliness of such information.
The information provided is not meant as a substitute for professional advice from a legal, health care, financial, accounting or other professional on any subject matter. You should not act upon this information without consulting with an appropriate professional and in this context you should consult with your own attorney for specific legal advice on your particular facts and circumstance and you should seek the advice of a health care professional in all matters relating to your health.
It is your responsibility to evaluate text, content, opinions, statements, suggestions, strategies, tactics, or other information available through the Web Site and Forums. Use of such information is voluntary, and reliance on it should only be undertaken after an independent review by qualified experts. Under no circumstances will NCPTA be liable for any damage caused by reliance upon information obtained through the Web Site and Forums. Any reliance upon any information is at your own risk.
You hereby warrant and represent that you are at least eighteen (18) years of age (21 in some jurisdictions) and have the legal capacity to use this Web Site and Forums. NCPTA makes no representation or warranty that the content published on the Web Site and Forums complies with the local laws of your jurisdiction. You are solely responsible for knowing and understanding your local laws concerning content legality. If you are unable to make the representations and warranties contained herein, do NOT use the Web Site and Forums.
Disclaimer - Third Party Content
NCPTA acts as a passive conduit for distribution and publication of user-generated content. NCPTA is not responsible for the information, comments, attitudes, beliefs, opinions, etc. expressed by any third party.
You understand that any message posted online expresses only the views of the poster and does not reflect the views of NCPTA. NCPTA does not control the content and does not guarantee the accuracy or quality of any such content. By using the Web Site and Forums, you may be exposed to materials that are offensive, indecent, defamatory or otherwise objectionable.
Limitation of Liabilities
Under no circumstances, including but not limited to negligence, shall NCPTA and its subsidiaries, affiliates, officers, agents and employees be liable for any direct, indirect, special, incidental, indirect, punitive or consequential damages of any kind, or any damages whatsoever, including, but not limited to, damages for loss of profits, goodwill, data or other intangible losses, resulting from the use or the results of the use of the services or content offered on the Web Site and Forums, from statements or conduct of any third party using the Web Site and Forums, or from failure of performance, error, mistake, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, mistakes, inaccuracies or typographical errors, acts of god/acts of nature/acts of terrorism, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of this Web Site and Forums, or any other matter relating to the Web Site and Forums, whether for breach of contract, tortuous behavior, antitrust, negligence, or under any other cause of action or theory of liability.
Disclaimer of Warranties
All information on the Web Site and Forums is provided "as is" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, APTA DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPARABILITY, SECURITY AND ACCURACY. APTA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE AND FORUMS, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL AND PUNITIVE DAMAGES.
ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE AND FORUMS IS AT YOUR OWN RISK AND IS AT YOUR DISCRETION. ANY DAMAGE TO YOUR COMPUTER OR THE DATA IS YOUR SOLE RESPONSIBILITY.
NCPTA does not warrant that the Web Site and Forums will be uninterrupted or free of technical or other inaccuracies, mistakes, or typographic or other errors, that defects will be corrected, or that the Web Site or server that makes the Web Site available or the Forums are free of viruses or other harmful elements.
Right to Modify/Change
Changes are periodically added to the information herein. These changes will be incorporated in new versions of the Web Site. NCPTA may make improvements and/or changes in the product(s), service(s), and/or the literature, information, text or content described on the Web Site and Forums at any time. NCPTA reserves the right to modify its terms and conditions at any time without prior notice.
Release and Indemnity
You agree to indemnify and hold APTA and its subsidiaries, affiliates, officers, agents and employees, harmless from and against any and all claims or liability, including costs and attorneys fees, arising from or in connection with your use of the Web Site and Forums or anything related to the Web Site and Forums, your violation of this Agreement, or your violation of any rights of another or your failure to abide by applicable law. You hereby release and waive any and all claims and/or liability against NCPTA and its subsidiaries, affiliates, officers, agents and employees arising from or in connection with your use of the Web Site and Forums or anything related to the Web Site and Forums. We reserve, and you grant us, the right to assume exclusive defense and control of any matter otherwise subject to indemnification by you. This Section shall survive termination of this Agreement.
Links, Ads, Vendors and Third-Party Materials
The Web Site and Forums contain links to third-party web sites, banner ads, vendor lists and other third-party materials that APTA does not own or control. NCPTA does not make any representation about any other web site, advertisement, or third-party entity to which you may learn about or access through the Web Site and Forums. When you access another web site or company, you do so at your own risk and APTA is not responsible for the accuracy or reliability of any information, opinions, statements or advice made on these sites or by these companies. A link to another web site or a listing of another company does not constitute APTA's endorsement of that site or company, nor does NCPTA accept any responsibility for the content or uses of other web sites or companies.
NCPTA assumes no responsibility for errors or omissions in the information or other documents which are referenced by or linked to the Web Site and Forums. References to corporations, their services and products, are provided "as is" without any express, implied or other warranties.
In the event any of the terms and conditions shall be held to be unenforceable, the remaining terms and conditions shall be unimpaired and the unenforceable term or condition shall be replaced by such enforceable term or condition as comes closest to the intention underlying the unenforceable term or condition. The Web Site (excluding linked sites) is controlled by NCPTA from an office within the Commonwealth of North Carolina, United States of America. By accessing the Web Site and Forums, you and NCPTA agree that all matters relating to the Web Site and Forums shall be governed by the laws of the Commonwealth of North Carolina, without regard to choice of law principles. You and NCPTA also agree that jurisdiction shall be in the Commonwealth of North Carolina.
License to Use
By submitting, posting, displaying or providing any information (including, without limitation, questions, comments, suggestions, ideas, drawings, notes, concepts or any other material) to the Web Site and Forums, you automatically grant to NCPTA, without limitation, a worldwide, unlimited, irrevocable, perpetual, royalty-free license, authorization and permission, in any form or format, on or through any media or medium now known or hereafter developed or discovered, to maintain, use, reproduce, distribute, display, exhibit, perform, publish, broadcast, transmit, modify, prepare derivative works of, reformat, and otherwise use all or any portion of such information, for any purpose whatsoever without accounting, notification, credit or other obligation to you, and the right to license and sub-license and authorize others to exercise any of the rights granted in our sole discretion.
You represent to NCPTA that you own all information you provide and/or have the unencumbered legal right to grant the above-referenced license with respect to all information you provide. You further represent to NCPTA that such information does not infringe any third party copyrights or other third party intellectual property rights. You agree to indemnify NCPTA for any and all losses resulting from the invalidity or inaccuracy of such representation. Please do not send any information or post on any forum anything that constitutes a trade secret, or confidential or proprietary information. You agree that any information or materials that you, or individuals acting on your behalf, provide will not be considered confidential or proprietary.
The trademarks, logos, service marks, text and content displayed on the Web Site and Forums are the property of NCPTA. You are not permitted to use any intellectual property without the prior written consent of NCPTA or a third party, which may own the intellectual property. You agree not to reproduce, duplicate, copy, sell or exploit for any commercial purpose, any portion of the Web Site and Forums and the services, products, or content provided by the Web Site and Forums.