Terms of Use

Last Modified: December 17, 2018

The website administrator maintains this site (the "Site") for your personal information, education, and communication. Your access and use of the Site is subject to the following terms of usage ("Terms of Use") and all applicable laws. We recommend you also review the Site Privacy Policy. By accessing, browsing or using the Site, you hereby accept and agree without any limitation or qualification, to adhere and be bound by these Terms of Use between you and the National Business Professionals of America (“National Business Professionals of America”, “we”, “our”, and “NBPA”).

This Site is offered and available to users who are 13 years of age or older, and are located in the United States or any of its territories or possessions. By using this Site, you represent and warrant that you are of legal age to form a binding contract with National Business Professionals of America and meet all of the eligibility requirements set forth in these Terms of Use. If you do not meet all of these requirements, you must not access or use the Site.

The owner of the Site is based in the state of Ohio in the United States. We provide this Site for use only by residents of the United States located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. You may not access or otherwise use the Site from outside the United States. You are responsible for compliance with all applicable laws. We make no representations, warranties, or claims regarding the Site’s compliance with EU or other foreign country privacy or data security laws. We do not desire to process personal data of data subjects outside of the United States and do not otherwise intend to offer goods or services to or monitor the behavior of data subjects outside of the United States. You represent and warrant that neither you nor your representatives will provide or otherwise make available to us personal data of an identified or identifiable person outside of the United States. For the purpose of this paragraph, an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. For the purpose of this paragraph, personal data shall mean any information relating to an identified or identifiable natural person.

At any time, the website administrator may revise the Terms of Use or Privacy Policy by updating this posting. Users are bound by any revisions that are made and as such, should pay periodic visits to the Terms of Use and Privacy Policy pages to review and understand to which you are bound.

1. It should be assumed that everything seen or read on the Site is protected by copyright unless otherwise noted and therefor may not be used with exception as noted in these Terms of Use without written permission of the National Association of Business Professionals of America and/or the website administrator.

2. Information developed for this Site may be downloaded for personal and non-commercial use only provided all copyright and permissions have been received and retained. Users may not modify, reuse, repost or use the content of the Site for public or commercial purposes, including the copy or images, without written permission. To obtain reprint permission, click here.

3. The National Association of Business Professionals of America does not warrant or represent that use of information or resources displayed on the Site will not infringe upon rights of third parties not owned by or affiliated by the National Association of Business Professionals of America.

4. While the National Association of Business Professionals of America does implement reasonable efforts to include accurate and up-to-date information in the Site, no warranties or representations are made to accuracy. No liability or responsibility is assumed by the National Association of Business Professionals of America for any potential omissions or errors to content throughout the Site.

5. Use of and browsing through the Site are at user’s own risk. Neither National Business Professionals of America nor any party involved in the creation, production or delivery of the Site is liable for any direct, indirect, incidental or consequential damages that may arise out of access to, or use of, the Site. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER NBPA NOR ANY PERSON ASSOCIATED WITH NBPA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER NBPA NOR ANYONE ASSOCIATED WITH NBPA REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. NBPA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN NO EVENT WILL NBPA, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. WITHOUT LIMITING THE FORGOING, IN NO EVENT SHALL NBPA’S AGGREGATE LIABILITY HEREUNDER EXCEED $100. You agree to defend, indemnify and hold harmless NBPA, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, your User Contributions, any use of the Site's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Site. All matters relating to the Site and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Ohio without giving effect to any choice or conflict of law provision or rule (whether of the State of Ohio or any other jurisdiction). Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Ohio in each case located in the City of Columbus and County of Franklin, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country or jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. At NBPA's sole discretion, it may require you to submit any disputes arising from the use of these Terms of Use or the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Ohio law. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

6. The National Association of Business Professionals of America assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect users’ computer equipment or other property on account of access to, use of, browsing within, or downloading of information or resources, videos, content or images within the Site.

7. Any communication or material transmitted to the Site by e-mail or other, including any forms of data, questions, comments, user/profile information, or similar, will be treated as non-confidential and non-proprietary unless otherwise specified or noted in the Site Privacy Policy. By submitting content, users expressly permit the National Association of Business Professionals of America to identify, publicly and/or privately, users as the content contributor.

8. Images of people or places displayed throughout the Site are either the property of, or used with permission by, the National Association of Business Professionals of America and may not be used except as provided within the Terms of Use without written permission. Unauthorized use of images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

9. Trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site are registered and unregistered Trademarks of the National Association of Business Professionals of America and others as noted. Nothing contained on the Site should be construed as granting, by implication or otherwise, any right to use or license of any Trademark displayed on the Site without the written permission by the party/parties that may control ownership of the Trademarks displayed on the Site. Misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms of Use, is strictly prohibited. Be advised aggressive enforcement of intellectual property rights by the National Association of Business Professionals of America, to the fullest extent of the law, including the seeking of criminal prosecution, will be considered.

10. Users are prohibited from posting or transmitting any unlawful, threatening, obscene, scandalous, inflammatory, pornographic, profane, libelous or defamatory material or any material that may constitute or encourage conduct considered a criminal offense, give rise to civil liability, or otherwise violate any law. The National Association of Business Professionals of America will fully cooperate with any law enforcement authorities or court order request or direction of the National Association of Business Professionals of America to disclose the identity of any individual or individuals posting any such information or materials.

11. The National Association of Business Professionals of America, in their sole discretion, may cease to operate or otherwise support the Site at any time and reserves the right to delete material on this Site at their sole discretion. They furthermore reserve the right to refuse to allow any person to access this Site, at their sole discretion without notice at any time.
12. These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and NBPA with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.