Agreement between user and CAAB.org
These Terms and Conditions are an agreement ("Agreement") between you and Capital Area Asset Builders (CAAB) regarding your use of the information, software, products, and services contained in or available through the CAAB.org website. The CAAB.org website is comprised of various web pages operated by "CAAB". The CAAB.org website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the CAAB.org website constitutes your agreement to all such terms, conditions, and notices.
This site and some of the articles on this site contain links to other resources and businesses on the Internet. Those links are provided as citations and aids to help you identify and locate other Internet resources that may be of interest, and are not intended to state or imply that CAAB.org sponsors, is affiliated or associated with, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links.
CAAB.org is not responsible for any loss, injury, claim, liability, or damage related to your use of this site or any site linked to this site, whether from errors or omissions in the content of our site or any other linked sites, from the site being down or from any other use of the site. In short, your use of the site is at your own risk.
CAAB IS A 501 C3 Foundation
CAAB.org IS FOR INFORMATION PURPOSES ONLY, IS FREE FOR BOTH MEMBERS AND NON-MEMBERS.
Fees and Renewals
From time to time, we may offer different subscription terms, and there is No membership fees for such subscriptions.
CAAB reserves the right to change the terms, conditions, and notices under which the CAAB.org website is offered, including but not limited to the charges associated with the use of the CAAB.org website.
You understand and agree that your use of CAAB.org after the date on which the Terms and Conditions have changed shall be treated as acceptance of the updated Terms and Conditions.
Links to third party sites / Third party services
The CAAB.org website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of CAAB and CAAB is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. CAAB is not responsible for webcasting or any other form of transmission received from any Linked Site. CAAB is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by CAAB of the site or any association with its operators. These Terms and Conditions do not cover your interaction with Linked Sites, and you should carefully review the terms and conditions and privacy policies of any third party sites.
Certain services made available via CAAB.org are delivered by third parties. By using any product, service or functionality originating from the CAAB.org domain, you hereby acknowledge and consent that CAAB may share such information and data with any third party with whom CAAB has a contractual relationship to provide the requested product, service or functionality on behalf of CAAB.org users and customers.
No unlawful or prohibited use
As a condition of your use of the CAAB.org website, you warrant to CAAB that you will not use the CAAB.org website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the CAAB.org website in any manner which could damage, disable, overburden, or impair the CAAB.org website or interfere with any other party's use and enjoyment of the CAAB.org website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the CAAB.org websites.
THE LEGAL FORMS, LEGAL DOCUMENTS, LETTERS, ARTICLES AND ALL OTHER CONTENT FOUND ON THE CAAB.org WEBSITE (“Capital Area Asset Builders”) ARE PROTECTED BY COPYRIGHT AND ALL OTHER APPLICABLE INTELLECTUAL PROPERTY RIGHTS. Capital Area Asset Builders IS NOT FOR RESALE. YOUR USE OF THE CAAB.org WEBSITE DOES NOT ENTITLE YOU TO RESELL ANY CAAB.org CONTENT. FOR THE AVOIDANCE OF DOUBT, YOUR USE OF THE CAAB.org WEBSITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND YOUR PROMISE THAT YOU WILL NOT RESELL OR OTHERWISE ATTEMPT TO COMMERCIALLY BENEFIT FROM THE Capital Area Asset Builders WITHOUT THE EXPRESS WRITTEN CONSENT OF Capital Area Asset Builders.
Use of communication services
The CAAB.org website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.
CAPITAL AREA ASSET BUILDERS 1444 EYE ST, NW, SUITE 201, WASHINGTON, DC 20005 Page 4
CAAB has no obligation to monitor the Communication Services. However, CAAB reserves the right to review materials posted to a Communication Service and to remove any materials
in its sole discretion. CAAB reserves the right to terminate your access to any or all of the
Materials provided to CAAB.org or posted at any CAAB website
CAAB does not claim ownership of the materials you provide to CAAB.org (including feedback and suggestions) or post, upload, input or submit to any CAAB.org website or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting CAAB, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. CAAB is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in CAAB's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE CAAB.org WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Capital Area Asset Builders AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CAAB.org WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE CAAB.org WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
Capital Area Asset Builders AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE CAAB.org WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Capital Area Asset Builders AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Dispute Resolution By Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
Most customer concerns can be resolved quickly and to the customer's satisfaction by contacting our customer service representative at 1-202-491-1440. In the unlikely event that our customer service representative is unable to resolve a complaint you may have (or if CAAB has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration, mediation, or small claims court instead of in courts of general jurisdiction. Arbitration, which is often cheaper, faster, and less formal than a lawsuit in a court, uses a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief that a court can award. Also, in arbitration you are entitled to recover attorneys' fees from CAAB to at least the same extent as you would be in court. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted.
CAAB and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
- claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
- claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising;
- claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
- claims that may arise after the termination of this Agreement.
References to "CAAB", "you", and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or devices under this or prior agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Communications Commission. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Agreement, you and CAAB are each waiving the right to a trial by jury or to participate in a class action. This agreement evidences a transaction in the interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.
A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to CAAB should be addressed to General Counsel,
CAAB, 1444 Eye Street, NW, Suite 201, Washington, DC 20005 ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the
specific relief sought ("Demand"). If CAAB and you do not reach an agreement to resolve the claim within sixty (60) calendar days after the Notice is received, you or CAAB may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer
CAAB reserves the right, in its sole discretion, to terminate your access to the CAAB.org website and the related services or any portion thereof at any time, without notice.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and CAAB as a result of this agreement or use of the CAAB.org website. CAAB's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of CAAB's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the CAAB.org website or information provided to or gathered by CAAB with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and CAAB with respect to the CAAB.org website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and CAAB with respect to the CAAB.org website. You may not assign or otherwise transfer the Terms and Conditions, or any right granted hereunder, without CAAB's written consent. CAAB's rights under the Terms and Conditions are freely transferable by CAAB. Any failure by CAAB to enforce or exercise any provision of the Terms and Conditions, or any related right, shall not constitute a waiver of that provision or right. Any rights not expressly granted herein are reserved.
CAAB may provide you with notices, including those regarding changes to the Terms and Conditions, by email, regular mail, postings on the CAAB.org website, or other reasonable means now known or hereafter developed.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents have been drawn up in English.
Copyright and Trademark Notices
All contents of the CAAB.org website are Copyright © 2013 Capital Area Asset Builders and/ or its suppliers, affiliates and partners. All rights reserved.
CAAB.org are trademarks of Capital Area Asset Builders. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
Notices and Procedure for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE ABOVE PROCEDURE WILL RECEIVE NO RESPONSE