NATIONAL SOCIETY OF PROFESSIONAL SURVEYORS, INC.
September 3, 2020
The Sites are made available solely for your personal use, and for general informational purposes only. You agree to comply with all applicable laws while using the Sites.
You may only access the Sites using authorized means. It is your responsibility to check to ensure you download the correct software for your device. NSPS is not liable if you do not have a compatible device.
2. Notices; Modification and Termination of Services; Amendment of the Terms
NSPS reserves the right at any time, in its sole discretion, to modify, suspend, withdraw, or terminate the Sites or any services provided through the Sites (or any part thereof), and/or your use of, or access to, the Sites, with or without notice. NSPS may also delete, restrict, or prohibit your access to, and/or use of, the Sites, in whole or in part, including if you are a registered users.
NSPS will not be liable to you or any third party if, for any reason, all or any part of the Sites are unavailable at any time or for any period of time. NSPS will not be liable for any modification, suspension, withdrawal, or termination of the services or content provided through the Sites, or for the loss of any related information.
If you are dissatisfied with the services provided through the Sites, your sole and exclusive remedy is to discontinue your use of the Sites.
3. Accessing the Sites; Registration Data
You are the sole authorized user of any account you create on or through the Sites. You must treat your Username, Password, and any other piece of information (such as security questions and answers) that form a part of our security procedures and protocols, as confidential information and you must not disclose such confidential information, in whole or in part, to any third party, unless required to do so by order of law. You are solely and fully responsible for all access, actions, activities, and content that occur under and/or in association with your Username or Password. You agree that you shall monitor your NSPS account for use by any and all third parties, and that you will accept full responsibility for any unauthorized use of your Username, Password, and/or NSPS account. You agree to notify NSPS immediately of any unauthorized access to, or use of, your Username or Password or NSPS account, and/or any other breach of security. You also agree to ensure that you log out of your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to access your account, or view or record your Password or other personal information.
NSPS HAS NO CONTROL OVER THE UNAUTHORIZED USE OF ANY USERNAME OR PASSWORD, AND EXPRESSLY DISCLAIMS ANY LIABILITY FOR SUCH UNAUTHORIZED USE. BY USING THE SITES, YOU ACCEPT ALL RISK OF UNAUTHORIZED ACCESS TO, AND/OR USE OF, ALL INFORMATION YOU PROVIDE TO NSPS.
By using the Sites as a registered user, you agree to maintain and promptly update the information you provide to NSPS, and keep all such information accurate, current, and complete.
NSPS is a Maryland corporation with a principal place of business in Frederick, Maryland. NSPS makes no representation that the Sites, the content of the Sites, or the services available through the Sites are appropriate for, or accessible to, users outside of the United States, or in all locations within the United States. If you access the Sites from outside the United States, you do so on your own initiative, and are responsible for compliance with all applicable laws in the jurisdiction from which you view, access, and/or use the Sites.
NSPS, and our Sites, are based in the United States and, regardless of where you view, access, or use our Sites, any information collected as part of that access or use will be transferred to and maintained on servers located in the United States. Any information we obtain about you will be stored in accordance with U.S. privacy laws, regulations, and standards, which may not be equivalent to the laws in your country of residence or the location where you are viewing, accessing, or using the Sites. By accessing and/or using our Sites, you consent to the capture, collection, transfer, transmission, storage, processing, and use of your information in and to the United States.
YOU ACKNOWLEDGE AND AGREE THAT, WITH RESPECT TO YOUR ACCESS TO AND/OR USE OF THE SITES, OR OF ANY FUNCTIONALITY OF OR FEATURES OF THE SITES, YOU SHALL NOT, INTENTIONALLY OR UNINTENTIONALLY, KNOWINGLY OR UNKNOWINGLY, DIRECTLY OR INDIRECTLY, THROUGH YOURSELF OR THROUGH ANOTHER, BY MANUAL, MECHANICAL, ELECTRONIC, OR OTHER MEANS:
- In any manner or form violate any applicable federal, state, local, or other any other law or regulation;
- Transmit, or enable the transmission of, any advertising or promotional communications;
- Transmit, or enable the transmission of, any spam, phishing, junk, chain, or other similar communications;
- Misrepresent your affiliation with any person or entity;
- Impair, limit, prohibit, or in any manner disrupt the functionality of the Sites;
- Impair, limit, prohibit, or in any manner disrupt access to and/or use by NSPS or others of the Sites;
- Violate or circumvent, or attempt to violate or circumvent, the security and/or any security features/functionality of the Sites;
- Violate any fiduciary or contractual relationship;
- Access or attempt to access data, information, accounts, servers, software, hardware, files, or equipment which you are not authorized to access;
- Probe, scan, assess, test, monitor, copy, corrupt, interfere with, disrupt, damage, modify, disable, or breach the Sites or any NSPS systems, databases, networks, or security measures;
- Use manual or automated software, devices, scripts, bots, programs, algorithms, methodologies, or other means or processes to access, “scrape,” “crawl,” or “spider” any public or private content or data on the Sites or any NSPS systems, databases, or networks;
- “Frame,” “mirror,” or otherwise simulate the appearance or function of the Sites;
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT YOUR USE OF THE SITES, CONTENT, THIRD-PARTY CONTENT, LINKS, AND THIRD-PARTY SITES IS AT YOUR SOLE RISK. THE SITES, CONTENT, THIRD-PARTY CONTENT, LINKS, AND THIRD-PARTY SITES AND RELATED SERVICES AND FEATURES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES AS TO: (I) MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NONINFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; (II) RESULTS TO BE DERIVED FROM THE USE OF THE SITES; (III) WHETHER THE CONTENT AND THIRD-PARTY CONTENT IS TRUE, COMPLETE, ACCURATE, NON-MISLEADING, OR TIMELY; AND (IV) THE ABSENCE OF ANY VIRUSES OR OTHER HARMFUL CODE IN THE SITES, CONTENT, AND THIRD-PARTY CONTENT. WE DO NOT REPRESENT, COVENANT, OR WARRANT THAT ACCESS TO THE SITES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
REFERENCE TO ANY PRODUCT OR SERVICE OF ANY THIRD PARTY DOES NOT CONSTITUTE OR IMPLY ITS ENDORSEMENT OR RECOMMENDATION BY NSPS. THE VIEWS AND OPINIONS OF USERS OF THE SITES DO NOT NECESSARILY STATE OR REFLECT THE VIEWS AND OPINIONS OF NSPS.
7. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, NSPS AND ITS AFFILIATES, SUBSIDIARIES, LICENSORS, SERVICE PROVIDERS, SUPPLIERS, EMPLOYEES, AGENTS, MEMBERS, OFFICERS, DIRECTORS, AND OTHER REPRESENTATIVES, (ALL OF THE FOREGOING BEING COLLECTIVELY, “NSPS PARTIES”), DISCLAIMS AND WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS OR OTHER ECONOMIC ADVANTAGE) (“DAMAGES”) ARISING OUT OF OR IN CONNECTION WITH THE SITES, OR THE CONTENT OF THE SITES, EVEN IF NSPS HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY TO USE THE SITES, ANY WEBSITE, SOCIAL MEDIA CHANNELS, OR APPLICATIONS LINKED TO THE SITES, ANY CONTENT ON THE SITES, OR SUCH OTHER WEBSITES, SOCIAL MEDIA CHANNELS, OR APPLICATIONS LINKED TO SUCH CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES, OR THROUGH SUCH OTHER WEBSITES, SOCIAL MEDIA CHANNELS, OR APPLICATIONS LINKED TO THE SITES ; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH, OR FROM THE SITES; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITES, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (d) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE.
8. Intellectual Property Rights
As used herein, “NSPS Trademarks” means all company names, product and service names, related names, terms, marks, brands, logos, designs, trade dress, slogans, and other designations of origin of NSPS or its affiliates. You must not use any of the NSPS Trademarks without the express, prior written permission of NSPS. You may not remove or alter any NSPS Trademarks without NSPS’s prior written permission. You acknowledge NSPS’s rights in the NSPS Trademarks. You agree not to incorporate any NSPS Trademarks into your trademarks, service marks, company names, Internet addresses, domain names, social media handles, social media channels, or any other similar designations, for use on or in connection with you personally, or with your or any third party’s products, services, or information.
9. Identification of Agent for Receipt of Copyright Infringement Notices
We respect the intellectual property rights of others, and request that you do the same. Accordingly, we have adopted a policy to respond to notices of claimed infringement and terminate, in appropriate circumstances, the accounts of users who are repeat copyright infringers. If you believe that your copyright or the copyright of a person or entity on whose behalf you are authorized to act has been infringed, you may notify our copyright agent:
21 Byte Court, Suite H, Frederick, MD 21702
In your notice, please provide the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright.
- A description of the copyrighted work that you claim has been infringed.
- A description of where the material that you claim is infringing is located on the Sites, including but not limited to the URL.
- Your address, telephone number, and email address.
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
10. User Contributions
The Sites may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features that allow users to post user contributions. User contributions must comply, in whole and in part, with all applicable federal, state, local, and international laws and regulations. WITHOUT LIMITING THE FOREGOING, USER CONTRIBUTIONS MUST NOT:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, inaccurate, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, age, or any other protected class.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other proprietary rights of any other person or entity.
- Violate the legal rights (including the rights of publicity and privacy) of others.
- Be likely to deceive.
- Promote any illegal activity, or advocate, promote, or assist in any unlawful act.
- Be likely to cause annoyance, inconvenience, duress, distress, discomfort or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes and other promotions, bartering or advertising not approved in advance in writing by NSPS.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
- Includes unauthorized disclosure of the personal information of third parties.
- Constitute electioneering, such as exhortations to vote for or against any candidate for public office.
11. Monitoring and Enforcement; Termination
NSPS has the right to:
- Disclose your identity or other information about you to a third party who, in NSPS’s sole discretion, reasonably claims that material posted by you violates the third party’s rights, including his, her or its intellectual property rights or privacy rights.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Sites and/or the content of the Sites.
- Fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Sites.
- Remove or refuse to post any user contribution for any or no reason in the sole discretion of NSPS.
- Take any action with respect to any user contribution that NSPS deems necessary or appropriate in the sole discretion of NSPS.
FOR THE SAKE OF CLARITY, NSPS DOES NOT REVIEW ALL, IF ANY, USER CONTRIBUTIONS/CONTENT/POSTS/MATERIALS BEFORE SUCH CONTENT IS POSTED ON THE SITES. NSPS CANNOT ENSURE THE PROMPT REMOVAL OF OBJECTIONABLE MATERIAL AFTER IT HAS BEEN POSTED. ACCORDINGLY, NSPS ASSUMES NO LIABILITY FOR ANY ACTION OR INACTION REGARDING THE POSTING, TRANSMISSION, COMMUNICATION, STORAGE, OR USE OF CONTENT PROVIDED BY ANY USER OR THIRD PARTY. NSPS ASSUMES NO LIABILITY OR RESPONSIBILITY TO ANY INDIVIDUAL, INDIVIDUALS, ENTITY, OR ENTITIES FOR THE PERFORMANCE OR NONPERFORMANCE OF THE POTENTIAL BUT NOT REQUIRED OR GUARANTEED ACTIVITIES OF NSPS OUTLINED ABOVE.
12. Confidentiality of NSPS Information
13. Indemnification by You
14. Advertisements and Promotions
15. Links and Third Party Services
The Sites may contain links to other sites, applications, and resources provided by third parties. You acknowledge and agree that (a) NSPS is not responsible for the availability of such external sites or resources, (b) all links and identifications are provided solely for your convenience and for other informational purposes, and (c) NSPS does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites, resources, or medical professionals or their affiliations.
17. Privacy of Persons under the age of Eighteen (18).
If you are under years of eighteen (18), the site is intended only for persons eighteen (18) years of age or older. If you are not 18 years of age or older you should not use the site.
18. General Terms
Contact Information. You may send your questions regarding the Sites to the contact listed below:
National Society of Professional Surveyors
5119 Pegasus Court, Suite Q,
Frederick, MD 21704