Terms & Conditions of Use
This Web site (the "SITE") is an online information service provided by Association of Washington Business ("AWB"). Please read this document carefully before accessing or using the SITE. By accessing or using the SITE, you hereby accept and agree to be bound by these terms and conditions outlined below. If you are an individual acting by or on behalf of another entity or your employer, your access to and use of the SITE indicate that you have the authority to enter into this agreement on behalf of your employer (in which case the words “you” and “your” refer to such entity or employer, in addition to you individually).
You assume all risks associated with the use of our data and information and the SITE. You agree and understand that we would not grant you access to the SITE unless you agreed to the express allocation of risks and other terms and condition herein, including without limitation the complete disclaimer of warranties, limitations on liability and your obligation to indemnify AWB as described herein.
1. Guidelines For Use. AWB grants you a limited, nontransferable, nonexclusive license to access the SITE and information available on and through it, and to download materials available on the SITE, but solely for personal, noncommercial use. You agree that you are responsible for protecting your password from compromise, release or discovery by any unauthorized person. If your password has been compromised, you must change it immediately on the SITE. You agree to use information available on or through the SITE only for appropriate, legal purposes, and in compliance with all applicable federal, state and local laws and regulations. You may provide links only to the homepage of this SITE, but only with our prior written permission. You should forward your request to AWB at firstname.lastname@example.org and you will be notified if permission is granted, and if so the terms and conditions of the permission. AWB reserves the right to investigate complaints or reported violations of these Terms and Conditions of Use and to take any action AWB deems appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
Certain sections of this SITE may require you to register. If registration is requested, you agree to provide AWB with accurate, complete registration information. It is your responsibility to inform AWB of any changes to that information. If AWB discovers that you have registered using partially or entirely false information, it may immediately terminate your access to and use of the SITE without notice. Each registration is for a single person only, unless specifically designated otherwise on the registration page. AWB does not permit (i) any other person using the registered sections under your name; or (ii) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you must notify AWB immediately by e-mailing email@example.com.
You will be able to download and use certain forms and other documents/publications made available by AWB on this SITE. You may not modify, nor allow or cause any third party to modify in any way these forms, documents or publications. You agree that, in the event of a discrepancy between any electronic text and hard copy text contained in a form, document or publication, the hard copy text then-currently on file with AWB shall control and prevail.
2. Misuse. In the event that AWB suspects that the SITE or information available through it has been misused, we will contact law enforcement agencies or other third parties (as appropriate) and will provide them with all data needed to conduct an investigation. You consent to the provision of all information for such investigative purposes. You further agree to fully cooperate with all audits of our customers and our systems generally. The SITE may not be electronically accessed by automated programs or other data extraction systems. AWB reserves the right to cancel or to deny access to the SITE to any user or other third party that is inappropriately using it.
3. Disclaimers and Limitations on Liability. Given the changing nature of laws, rules and regulations, and the inherent hazards of electronic communication, there may be delays, omissions or inaccuracies in information contained in this SITE. The information contained herein is designed to be a starting point for discussion and does not constitute actuarial, legal, accounting, tax, investment, or other professional advice or services. Because every situation is unique and fact-specific, you should consult a professional who can thoroughly review and analyze all aspects of your particular situation before making any decision or taking action.
The information in this SITE is provided "AS-IS, WHERE-IS", with no representation, covenant, or guarantee of completeness, accuracy, timeliness, or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to, warranties of performance, merchantability, fitness for a particular purpose, title and non-infringement, nor any implied indemnities.
By accessing or using this SITE, you agree that under no circumstances will AWB, its related partnerships or corporations, or any of its or their partners, agents, representatives, officers, directors, managers, members, or employees be liable to you or anyone else for (1) any information contained in or omitted from this SITE, (2) any reliance on such information whether or not the information is correct, current or complete (3) any decision made or action taken in reliance on the information in this SITE, or (4) for any direct or indirect, consequential, INCIDENTIAL, special, PUNITIVE, LOST PROFITS, or similar damages, even if advised of the possibility of such damages.
AWB makes no representations or warranties regarding compliance with government regulations requiring disclosure of information on the products or services sold or advertised on this SITE. Any claims arising in connection with your use of this SITE must be brought within one (1) year of the date of the event giving rise to such action. When using this SITE, information will be transmitted over a medium which is beyond the control and jurisdiction of AWB and its suppliers. Accordingly, AWB assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of this SITE.
4. Your Indemnification. You agree to indemnify, defend and hold harmless AWB, its members, managers, directors, officers, employees, representatives, agents, licensors, suppliers, and affiliates from and against any claims, actions or demands, liabilities and settlements including, without limitation, reasonable legal, expert witness and accounting fees and costs, arising from or relating to your breach or violation of these Terms and Conditions of Use or any activity related to your use of this SITE (including without limitation infringement of third parties' worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing this SITE using your service account.
5. Third Party Links. Certain links in this SITE connect to other websites maintained by third parties over which AWB has no control. AWB is not responsible for the contents of any linked site, any link contained therein, or any changes or updates to such site. AWB makes no representations or warranties as to the accuracy or any other aspect of information contained in other websites and the inclusion of any link does not imply endorsement of AWB of the site.
6. Term and Termination. The term of this Agreement shall begin on the day that you agree to these terms and shall continue until terminated by either of us upon notice, which may be given by e-mail at any time. Sections 2 through 8 shall survive any termination or expiration of this agreement. If you violate or breach any of these Terms and Conditions of Use, or use this SITE in any manner that AWB deems inappropriate, AWB may, at its sole option and discretion, immediately suspend or terminate your access to and use of the SITE without notice. All of the restrictions on use of our information shall continue to apply to information downloaded from the SITE until you destroy all copies of that information.
7. Intellectual Property. The SITE is the property of AWB and is protected by applicable intellectual property laws. AWB retains all title, ownership rights, and intellectual property rights in and to the SITE. You agree to abide by any copyright notice or other restriction contained in any information, software, or other material accessible or used through the SITE.
- Copyrights: All of the content of this SITE, including text, art, graphics, logos, button icons, images, pictures, audio clips and software, is and shall remain the property of AWB, our partners, affiliates, content providers or licensors, and is protected by U.S. and international copyright laws. We have designed the content of this SITE for personal use only. Except as granted in the limited license below, any other use of this content, including modification, transmission, presentation, distribution or republication, is prohibited without the express prior written consent of AWB in each instance.
- Service Marks and Trademarks: Contained in this SITE are numerous service marks as denoted by the registration indicator ® or the designation "TM" or "SM". All service marks, trademarks, trade names trade dress, and brand names of AWB, whether registered or unregistered, are the property of AWB or the applicable third party,and are protected by U.S. and international law. Except as granted in the limited license below, any use of these assets is expressly prohibited without the express prior written consent of AWB. Please be advised that the trademark and service mark owners actively and aggressively pursue their intellectual property rights to the maximum extent allowable by law.
- Infringements or Other Violations: If you think that any of the information posted to this SITE infringes or violates the rights of another party, please contact AWB at 800-521-9325.
- Third Party Licenses: You may not upload or transmit any communications or content of any type that infringe or violate any rights of any party. By submitting communications or content to any part of this SITE, you agree that such submission is non-confidential for all purposes. If you make any such submission, you automatically grant to AWB — and represent and warrant that the owner of such content has expressly granted — a royalty-free, perpetual, irrevocable, world-wide, fully-paid, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the communication or content in any media, or any form, format, or forum now known or later developed. AWB shall also have full rights to sublicense its rights through multiple tiers of sublicenses.
- Governing Law and Jurisdiction: This Agreement shall be governed by, construed and enforced in accordance with the internal laws of the State of Washington, without giving effect to principles and provisions thereof relating to conflict or choice of laws irrespective of the fact that any one of the parties is now or may become a resident of a different state. Venue for any action under this Agreement shall lie only in King County, Washington. The parties hereby consent to personal jurisdiction over them by the courts within King County, Washington. The parties waive all objection and challenge to such venue and personal jurisdiction.
- Compliance with Laws: You will comply with all applicable laws, rules and regulations in connection with your participation in our programs and use of our SITE and will not engage in any act that has an adverse impact on the performance or availability of our programs or our SITE.
- No Insurance Contract. The use of this SITE and your submission of information or your response to any questions on the SITE does not create a contract of insurance or obligate or commit AWB or any of the insurers with which it does business to bind or offer a contract of insurance to you, or to a broker, agent or employer.
- Assignment: AWB may assign or transfer its rights and duties under this Terms and Conditions of Use to any party at any time without notice to you and/or your approval.
- Notice: Questions or comments regarding this SITE should be directed by e-mail to AWB firstname.lastname@example.org or by telephone at 800-521-9325, or via U.S. mail sent to: AWB P.O. Box 658, Olympia WA 98507-0658.
- Severability and Waiver: If any provision of this Agreement shall be held invalid, illegal or unenforceable, such provision shall be enforced to the maximum extent permitted by law and the parties' fundamental intentions hereunder, and the remaining provisions shall not be affected or impaired. Failure by either of us to insist on the strict performance of any of the terms and conditions of this Agreement in one or more cases shall not be considered a waiver or relinquishment for the future of any such term or condition or of any other term or condition.