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Terms of Service

1. IMPORTANT INFORMATION
You should carefully read the following Terms of Service. Your use of our networkalliance.com website indicates your acceptance of these Terms of Service.

2. LICENSE
Our website grants you a nonexclusive limited license to use the content and tools posted through our web site by independent content providers (the "content") in accordance with these Terms of Service (the "license") issued by our company, Network Alliance Inc.

a) MODIFICATIONS
You are not authorized to make any modification(s) to our website to fit your purposes, unless those modifications are made by using predefined forms provided by Network Alliance for editing.
b) UNAUTHORIZED USE
You may not record or duplicate any of our web site content, modified or unmodified, on a diskette, CD, website or any other medium except for your use in accordance with these Terms of Service. Resale and redistribution of website content is expressly prohibited unless authorized in writing by Network Alliance.
c) ASSIGNABILITY
You may not sub-license, assign, or transfer this license to anyone else without prior written consent from Network Alliance.
d) OWNERSHIP
You may not claim intellectual or exclusive ownership to any of our products, modified or unmodified. All website content is property of Network Alliance, or independent content providers, as indicated on the material. MyAlliance is a registered trademark of Network Alliance. All other product names are trademarks or service marks of their respective owners.

3. NO WARRANTIES
THE INFORMATION AND DOCUMENTS PROVIDED ON THIS WEB SITE ARE PROVIDED "AS IS." SPECIFICALLY, BUT WITHOUT LIMITATION, NETWORK ALLIANCE DOES NOT WARRANT THAT: (A) ANY INFORMATION OR DOCUMENTS PROVIDED ON THIS WEB SITE IS CORRECT, ACCURATE, RELIABLE OR COMPLETE; (B) THE FUNCTIONS CONTAINED ON THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE; (C) ANY INCORRECTNESS, INACCURACY, UNRELIABILITY OR INCOMPLETENESS OF INFORMATION OR DOCUMENTS OR INTERRUPTION OR ERROR IN FUNCTIONS ON THIS WEB SITE WILL BE REMEDIED; OR (D) THIS WEB SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

It is your sole responsibility to take steps to protect yourself against any viruses or other harmful components that may be present or communicated through this web site.

4. LIMITATION OF LIABILITY
REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION, NETWORK ALLIANCE SHALL NOT BE LIABLE TO ANY PERSONS, WHETHER SINGLY OR TOGETHER, FOR CLAIMS, COSTS, DAMAGES OR LIABILITIES BASED ON ANY CAUSE WHATSOEVER AND ARISING FROM OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS WEB SITE OR THE SUBSTANCE OF ANY INFORMATION OR DOCUMENTS CONTAINED IN OR ACCESSED THROUGH THIS WEB SITE. IN NO EVENT SHALL NETWORK ALLIANCE BE LIABLE TO ANYONE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, MULTIPLE OR OTHER DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS WEB SITE OR THE SUBSTANCE OF ANY INFORMATION OR DOCUMENTS CONTAINED IN OR ACCESSED THROUGH THIS WEB SITE.

5. CONTENT SUBMISSIONS
While you have the ability to submit unfiltered content to our website, please remember that all federal, state and local laws are applicable to any actions taken by you on any website owned and operated by Network Alliance.

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other content available via the website, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such content originated. This means that you are entirely responsible for all content that you email or otherwise transmit to this website.

As a condition of your use of the website, you warrant to us that you will not use the website for any purpose that is unlawful or prohibited by these terms, conditions, or notices. You may not use the website in any manner that could damage, disable, overburden, or impair the website or interfere with any other party's use and enjoyment of the 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 website. You understand that using the website for an illegal purpose or to transmit content that is unlawful, harassing, libelous, invasive of another's privacy, harmful, vulgar, obscene, or otherwise objectionable, may result in removal of content and/or termination of your right of access.

These are some, though not all, of the activities that may result in removal of content that you post to the website and/or the termination of your access to the website.

Without limiting the foregoing, you agree to not use the website to:

a. upload, email or otherwise transmit any content that is unlawful, harmful, hateful, threatening, abusive, harassing, tortious, defamatory, harmful, exploitative, vulgar, obscene, libelous, invasive of another's privacy, hateful, or otherwise objectionable;
b. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity;
c. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to or through the website;
d. upload, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
e. download any content posted by another user of the website that you know, or reasonably should know, cannot legally be distributed in such manner;
f. upload, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of Network Alliance or any other party;
g. create or use content to advertise or offer to sell or buy any goods or services for any business purpose, unless such area specifically allows such messages;
h. upload, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
i. upload, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
j. interfere with or disrupt the website or servers or networks connected to the website, or disobey any requirements, procedures, policies or regulations of networks connected to the website;
k. violate any code of conduct or other guidelines which may be applicable for any particular area of the website; or
intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law.

6. THIRD-PARTY SERVICES
Our company may use third parties to provide certain services accessible through the website. We do not control those third parties or their services, and you agree that our company will not be liable to you in any way for your use of such services. These third parties may have their own terms of use and other policies. You must comply with such terms and policies as well as these terms of service when you use these services. If any such terms or policies conflict with these terms of service or Network Alliance policies, you must comply with our terms of service and policies, as applicable. References to any third party or to any third party's product or service on this web site may not be construed as an approval or endorsement by Network Alliance of that third party or of its product, information, or service.

7. NOTICE AND TAKE DOWN PROCEDURES
If you believe any materials accessible on or from this web site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting our copyright agent (identified below) and providing the following information:

1) Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
2) Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
3) Your name, address, telephone number and (if available) e-mail address.
4) A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
5) A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner’s behalf.
6) A signature or the electronic equivalent from the copyright holder or authorized representative.

Our agent for copyright issues relating to this web site is as follows:

Phil Russell
11130 Sunrise Valley Drive, Suite 120
Reston VA 20191
Phone: 703.715.4967 / Fax: 703.391.8910
prussell@networkalliance.com


In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of subscribers and account holders of this web site who are repeat infringers.

8. GOVERNING LAW
These Terms of Service, and all questions arising out of or relating to them, shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, United States of America, without giving effect to the conflict of laws provisions thereof.

9. DISPUTES
Any dispute, controversy or claim arising out of or relating to your use of this web site or these Terms of Service shall be resolved by arbitration. Regardless of the amount in dispute, the arbitration shall be conducted by a single arbitrator selected by the parties or, if they cannot agree, by a single arbitrator selected in accordance with the Commercial Arbitration Rules of the American Arbitration Association without regard to the amount in dispute. The arbitration shall be conducted in English, in accordance with the Commercial Arbitration Rules of the American Arbitration Association, in the Commonwealth of Virginia, provided that no arbitration shall be authorized to award primitive damages. The decision of the arbitrator shall be binding and enforceable by any court in the Commonwealth of Virginia, and you hereby consent to the personal jurisdiction of any Virginia court for that purpose. The expense of the arbitration (excluding each party's own attorneys' fees, costs and related expenses) shall initially be paid in equal shares by each side, but the total of such expenses plus any award of attorneys' fees, expenses and costs shall finally be paid by the parties as the arbitrator determines. Nothing in this Section shall preclude Network Alliance from seeking provisional or equitable relief from any appropriate court to protect its rights prior to, pending or in lieu of such arbitration proceedings.

10. SEVERABILITY
The invalidity or unenforceability of any provision of these Terms of Service shall not affect the validity or enforceability of any other provision of these Terms of Service.

11. ENTIRE AGREEMENT
These Terms of Service constitute the entire Agreement between you and Network Alliance with respect to the use of this web site and supersede all previous and contemporaneous representations, negotiations, writings and understandings, if any, relating to such subject matter. These Terms of Service may not be amended or modified except by Network Alliance, which may do so at any time without prior notice by posting a change to this web site.

Effective date March 30, 2007

 
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