Productivity & Organizing
Interactive Networking Tool User Agreement
PLEASE READ THIS USER AGREEMENT
CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS,
REMEDIES AND OBLIGATIONS. THIS USER AGREEMENT LIMITS NAPO’S
LIABILITY AND YOUR REMEDIES.
This User Agreement covers your
access to and use of the Productivity & Organizing Interactive Networking
Tool (POINT), a service provided by the National Association of Professional
Organizers (NAPO). By clicking the link “I agree to the User Agreement”, you
agree to the conditions set forth in this Agreement. If you do not agree to the
conditions outlined in this Agreement, click the link “I do not agree to the
User Agreement”. Your registration will be discontinued and you will not be
permitted to use the POINT Services available to Registered Users.
DESCRIPTION OF
SERVICES
The Productivity & Organizing Interactive
Networking Tool (POINT) is a service of NAPO. The
POINT is a leading Web-based forum and professional networking site for professional
organizers and productivity specialists to solicit advice from peers, benefit
from their experience and participate in an ongoing conversation about the
industry. The POINT Services are hosted in the United States by a third-party
service provider.
NO FEES FOR
REGISTRATION
The POINT Services are free for all NAPO members and staff.
DEFINITIONS
·
Content: Any materials, information or
images you submit, post, transmit, upload or otherwise share with NAPO or other Users as a Registered User of the POINT Services.
·
Registered User: An individual who registers with NAPO to access and use the POINT Services and agrees to
this User Agreement.
·
POINT or POINT Services: The services offered by NAPO that include
the Productivity & Organizing Interactive Networking Tool website and any
other features, content or applications offered from time to time by NAPO in
connection with the POINT online community and any projects undertaken with
Collaborative Partners.
·
Additional Terms and Conditions: To access or use certain POINT
Services, you may be notified that you are required to agree to additional
terms and conditions. If you participate in or use those POINT Services, you
agree to be bound by those additional terms and conditions.
·
Commercial Messages: Advertising or promotional messages
to endorse personal products or services, as determined by NAPO
in its sole discretion.
REGISTERED USER AGREEMENT
As a Registered
User you agree that:
(1)
you
will use the POINT Services only for lawful, non-deceptive purposes authorized
by this User Agreement;
(2)
all
information you submit in your registration is truthful, accurate and complete;
(3)
you
will update your registration information when needed to keep it truthful,
accurate and complete;
(4)
your
use of the POINT Services will not violate any applicable law, regulation or
ordinance, including without limitation federal or state antitrust or other
competition laws;
(5)
the
Content you post on or through the POINT Services will not violate the privacy
rights, publicity rights, copyrights, intellectual property rights, contract
rights, moral rights or any other rights of any person, business or entity;
(6)
the
Content you post, to the best of your knowledge after reasonable inquiry, will
be truthful and accurate and will not contain any content, material,
advertising or service that is false or deceptive; and
(7) if you post a hypertext link to a
third-party website, you are authorized to do so or have obtained authorization
to do so.
NAPO MAKES NO GUARANTEE
·
Liability: NAPO is not responsible, under any circumstances,
for any loss or damage, including personal injury or death, resulting from
participation in or use of the POINT Services, attendance at a POINT event or
an event promoted by the POINT Services, any content or Content posted on or
through the POINT Services, or the conduct of any Registered Users or Visitors,
whether online or offline.
·
Links to Other Sites: Registered User profiles,
communities, discussions and other communications created and posted on the
POINT website may contain links to other websites. NAPO is not responsible for
the accuracy or completeness of any content or any opinions expressed, and NAPO does not investigate, monitor or check for accuracy
or completeness. Inclusion of any linked website on the POINT Services does not
imply that NAPO approves or endorses it. When
you access these third-party sites, you do so at your own risk.
·
Registered Users: NAPO
is not responsible for the conduct, whether online or offline, of any
Registered Users. NAPO is not responsible for the content, accuracy,
completeness or opinions expressed, and NAPO does
not investigate, monitor or check for accuracy or completeness.
·
Registered User Communications: NAPO
is not responsible for any error, omission, interruption, deletion, defect,
delay in operation or transmission, communications line failure, theft,
destruction or unauthorized access to, or alteration of, any Registered User
communication or your Content.
·
Technical or Computer Issues: NAPO
cannot guarantee continuous or secure access to the POINT Services. Operation
of the POINT website or the POINT Services may be disrupted or interfered with
by numerous factors both within and outside of NAPO’s
control. The data stored on NAPO’s servers or the servers of any third-party
provider(s) NAPO may use in connection with
the POINT Services may be corrupted, lost or otherwise impaired. NAPO is not
responsible for any problems or technical malfunction of any telephone network
or lines, computer online systems, servers or providers, computer equipment, software,
failure of any email or other system due to technical problems or traffic
congestion on the Internet or on any of the POINT Services or combination
thereof, including any injury or damage to Registered Users or to any person’s
computer related to or resulting from participation, uploading or downloading
materials in connection with the POINT Services.
INDEMNIFICATION
You agree to indemnify and hold NAPO
(and its officers, directors, members, managers, agents, subsidiaries,
affiliates, joint ventures, shareholders, employees and Web hosting service)
harmless from any claim or demand, including reasonable attorneys’ fees, made
by any third party due to or arising out of your breach of this User Agreement,
your use of the POINT Services, or your violation of any law or regulation or
the rights of a third party. This obligation will survive and continue after
termination of this User Agreement for any reason.
TERMINATION
NAPO reserves the right, in its sole
and absolute discretion, to suspend or terminate your status as a Registered
User, to reject, refuse to post or remove any posting (including private
messages) submitted by you, or to restrict, suspend or terminate your access to
all or any part of the POINT Services at any time, for any or no reason,
without notice, and without liability, and without waiving any other rights or
remedies. NAPO reserves the right to terminate
access to any Registered User who does not abide by this User Agreement.
NAPO may limit, suspend or terminate any
POINT Services at any time without notice and without liability.
You may terminate your status as a
Registered User at any time, for any reason, by updating your “Subscription”
and “Privacy Settings” in the POINT to remove your profile, if applicable. Certain
terms of this User Agreement will survive the termination of your status as a
Registered User and remain in effect to govern your and NAPO’s rights and
responsibilities even when you are no longer a Registered User.
Termination
can and will be up held if there is any prohibited conduct or content on the
POINT. Read below for a full description of what will not be allowed on the
POINT.
PROHIBITED CONDUCT AND
CONTENT
Illegal and/or unauthorized access
to or use of POINT Services is prohibited. You are responsible for ensuring
that your use of POINT Services is lawful and in compliance with this User
Agreement. NAPO reserves the right to investigate and take appropriate legal
action against anyone who, in NAPO’s sole
discretion, violates this User Agreement, including, without limitation,
removing any offending posting from the POINT Services, terminating the violator’s
status as a Registered User, and reporting activities to enforcement
authorities.
You agree that you will not:
·
Post
Commercial Messages to the POINT
·
post
any material or engage in any activity that is abusive, threatening, obscene,
defamatory, profane or libelous or that is patently offensive or otherwise
promotes racism, bigotry, hatred or physical harm of any kind against any group
or individual, harasses or advocates harassment of another person, or exploits
people in a sexual or violent manner;
·
post
any information or other material protected by copyright without the permission
of the copyright owner;
·
post
any material that violates any laws, regulations, third-party rights, this User
Agreement or any other NAPO policy, including without limitation NAPO’s Safety Alert Policy;
·
post
intentionally false, inaccurate, misleading or deceptive content (including false
personal information);
·
post
content or a link to a website that contains pornography or salacious subject
matter;
·
post
content which encourages or could facilitate an express or implied agreement
regarding price, a boycott of another’s business or client, or other conduct
with the purpose or effect of restricting competition;
·
Do
not discuss grievances about suppliers or products.
·
Do
not conduct conversations regarding pricing for services.
·
use
the account, username or password of another Registered User at any time;
·
use
any robot, spider, scraper or other automated means to access POINT Services
for any purpose without our prior written consent;
·
harvest
or otherwise collect information about Registered Users, including email
addresses;
·
take
any action that imposes or may impose (in NAPO’s
sole discretion) an unreasonable or disproportionately large load on our
infrastructure;
·
interfere
or attempt to interfere with the proper working of the POINT Services or any
activities conducted on the POINT website;
·
bypass
any measures NAPO may use to prevent or restrict
access to the POINT Services;
·
distribute
viruses or any other technologies that may harm NAPO,
or the interests or property of Registered Users or Visitors; or
·
copy,
reproduce, modify, create derivative works from, distribute or publicly display
any content (except for content you post) from the POINT Services without the
prior written consent of NAPO and the
appropriate third party, as applicable.
To ensure the best possible experience for all, NAPO
has established some basic guidelines. We ask the following, as a matter of
etiquette:
·
Send
your message only to the most appropriate communities.
·
Do
not spam several communities with the same message. Messages can be posted to
multiple communities when relevant to each.
·
Send
messages that add to the body of knowledge. NAPO
reserves the right to reject any message for any reason. Please note that
messages may be moderated or edited for clarity.
·
The
discussions on the lists are meant to stimulate conversation, not to create
contention. Let others have their say, just as you may.
·
Check
local resources before asking the POINT about suggestions.
·
Contact
people directly with product and service information only if you believe it
would help them. If they ask you not to contact them about commercial products
or services, abide by their wishes.
·
Use
caution when discussing products. Information posted within POINT Services is
available for all to see, and all content is subject to applicable laws.
·
Remember
that any information posted via the Internet could become public.
·
Remember
that Registered Users have the right to reproduce postings to any community or
discussion.
·
Please
be aware that replies sent to one person may be reproduced online at the
receiver’s discretion and that NAPO has no
control over this.
·
Include
your name, affiliation and location in all posts by keeping your information up
to date under the “Dashboard” tab.
·
Include
clear and concise topics in the subject line. This allows members to respond
more appropriately to your posting and makes it easier for members to search
the archives by subject.
·
Only
send a message to the entire list when it contains information that benefits everyone.
·
Send
messages such as “thanks for the information” or “me, too” to individuals, not
to the entire list. Do this by using the “Reply to Sender” link to the left of
every message.
·
Do
not send administrative messages, such as “remove me from the list,” through
the communities or discussion. Instead, use the Web interface to change your
settings or to remove yourself from a list. If you are changing email
addresses, you do not need to remove yourself from the list and rejoin under
your new email address. Simply change your settings.
PRIVACY POLICY
We respect your privacy. Any
personal information you provide to us including and similar to your name,
address, telephone number and e-mail address will not be released, sold, or
rented to any entities or individuals outside of our organization except as
noted below.
NAPO collects the personal information
you provide when you become a Registered User. NAPO
also collects the comments and information you post on the POINT website. When
you browse the POINT website, our system automatically receives and records
information on our server logs from your browser, including your IP address,
cookie and the page you request. NAPO also
places cookies on your computer.
NAPO also collects personal information
to provide you with a safe, smooth, efficient and customized experience. We use
information for the following general purposes: identification, authentication,
services improvement and delivery, product improvement and delivery, Registered
User contact, service announcements, advertising NAPO
products and services, advertising third-party products and services, research,
customization and anonymous reporting. IP addresses may be used for various
purposes, including diagnosing or servicing technology problems reported by our
Registered Users or engineers that are associated with the IP addresses
controlled by a specific Web company or Internet Service Provider, and
estimating the number of users visiting the POINT website from specific
geographical regions. NAPO uses cookies for a
number of purposes, including accessing your information when you log in,
keeping track of your preferences, estimating and reporting our total audience
size and traffic, and conducting research to improve POINT website content and
services. We do not link the information we store in cookies to any personally
identifiable information you submit while accessing or using our site, except
for your IP address, which may be considered personally identifiable
information in some jurisdictions.
Your personal information may be
transferred to another entity (either an affiliated entity or an unrelated
third party) in connection with a merger, reorganization, dissolution or
similar corporate event. If such a transfer were ever to occur, the acquiring
entity’s use of your personal information will still be subject to this Privacy
Policy.
NAPO may share the personal information we collect in order to investigate,
prevent or take action regarding illegal activities, suspected fraud,
situations involving potential threats to the safety of any person, violations
of this User Agreement or as otherwise required by law. NAPO
reserves the right to disclose your personally identifiable information as
required by law and when we believe that disclosure is necessary to protect our
rights or comply with a judicial proceeding, court order, or legal or
administrative process served on us.
NAPO’s policies may be different than
those of the parties who advertise on the POINT website. We are not responsible
for the conduct of such third parties or their policies or practices.
CONTENT LICENSE
When content is posted to POINT, you
grant NAPO a non-exclusive, worldwide, binding,
fully paid and royalty-free right and license to use that content in connection
with the POINT Services, including the right and license to reproduce, publish
and transmit the content. Your grant of the content license to NAPO includes the right to grant sublicenses.
NAPO does not claim any ownership rights
in your content. You will continue to
retain all ownership rights in your content, and you will continue to have the
right to use your content in any way you choose. By posting, displaying or otherwise
providing any content on or through the POINT Services, you are granting to NAPO and to other Registered Users and Visitors the right
to use, copy, distribute, display and modify your content in connection with
the POINT Services. If you submit a photograph or other digital images, you
waive any and all rights of privacy and publicity with respect to the images. Content and images cannot be deleted from a
community if you decide to leave a community or end your NAPO
membership.
CHANGES TO THIS USER AGREEMENT
NAPO reserves the right, in its sole
discretion, to change, add or delete portions of this User Agreement at any
time. NAPO will post any changes to this User
Agreement on this page and will indicate at the top of this page the date these
terms were last revised. NAPO will give you at
least 30 days’ notice by posting the changes on the POINT website or notifying
you by email If you continue using the
POINT Services after this Agreement has been revised, then your use of the
POINT Services will continue under this User Agreement as modified.
RESOLVING DISPUTES
Claims for the enforcement or breach
of this User Agreement will be governed by the laws of the STATE OF NEW JERSEY,
USA without reference to conflict of laws principles. All other claims,
including claims regarding consumer protection laws, unfair competition laws,
and in tort, will be governed by the laws of your state or province of
residence in the United States and Canada, or, if you reside outside of the United
States or Canada, the laws of the STATE OF NEW JERSEY, without reference to
conflict of laws principles.
Through this User Agreement you
consent to the exclusive jurisdiction and venue of state or federal courts in NEW
JERSEY, USA for all disputes arising under or related to this User Agreement or
the POINT Services. You cannot revoke this consent. This provision will survive
and continue after termination of the User Agreement for any reason.
CLAIMS MUST BE FILED WITHIN ONE YEAR
Any claim arising under or related
to this User Agreement or the POINT Services must be brought within one year. This
one-year period begins on the date when the claim first could be filed. If not
filed within one year, that claim is permanently barred. This applies to you
and your successors and assigns.
NAPO’S FAILURE TO EXERCISE ANY RIGHT IS NOT A WAIVER
NAPO’s failure to exercise or enforce
any right or provision of this User Agreement shall not operate as a waiver of
such right or provision.
PARAGRAPH TITLES
The paragraph titles in this User
Agreement are for convenience only and have no legal or contractual effect.
SEVERABILITY
This User Agreement operates to the
fullest extent permissible by law. If any provision of this User Agreement is
determined to be unlawful, void or unenforceable, that provision is deemed
severable from this User Agreement and does not affect the validity and
enforceability of any remaining provisions.
ACKNOWLEDGEMENT AND ACCEPTANCE
I have read and understand the POINT User Agreement and agree to use the
POINT only in compliance with the terms of this Agreement.