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Terms of Use

Terms of Use

 

This page addresses the NAPCP website Terms of Use plus the Rules of Etiquette that apply to any form of participation with the NAPCP—online activities, attendance at meetings and events, and communications and interactions with NAPCP participants (members, subscribers and visitors). 

 

Table of Contents

Your Responsibility
Rules of Etiquette
Report an Issue
Security/Passwords/Profiles
Third Party Content and Linking
Enforcement and Termination
Removal of Material
General Restrictions
NAPCP Trademarks, Copyrights and Restrictions
Systems/Site Performance
User's Grant of Limited License
Legal Terms and Conditions
Privacy Policy


Your Responsibility

By participating in the NAPCP community, such as using the content and/or services found on this website (the "Service" or "Services"), attending NAPCP meetings and events, and interacting with other NAPCP participants, you accept all terms, conditions and notices contained or referenced within this page, including the Privacy Policy and the NAPCP Rules of Etiquette that are incorporated herein by reference and made a part of these Terms of Use.

 

If you do not agree to these Terms of Use, you may not use this website or participate in NAPCP activities. We reserve the right, at our discretion, to update or revise these Terms of Use. Your continued use of the Services found on http://www.napcp.org (the "Site") following the posting of any changes to the Terms of Use or Privacy Policy constitutes acceptance of those changes.

    

Rules of Etiquette

As a participant within the NAPCP community—as a member, subscriber and/or visitor—the NAPCP expects the highest levels of ethical and professional behavior at all times.

 

1. Use of Online Tools

The following rules help ensure that use of NAPCP Services is constructive and not harmful.

  • Do not criticize, harass, abuse or threaten other members, individuals or organizations.
  • Remember that a website is "public;" do not initiate communications that should be private.
  • Do not post commercial messages or use online tools as a method for soliciting or endorsing products, services or industry providers (except where such approaches are explictly allowed by the NAPCP).
  • Use caution, as posted comments are subject to libel, slander and antitrust laws; for example, do not discuss pricing, contract terms or the pros/cons of particular providers and/or providers' products and services.

In addition, consider the format and style of your communications; reminders include:

  • Be clear in your online communications to reduce the risk of misinterpretation.
  • Be concise and to the point for optimal exchanges with other participants. 
  • Avoid use of all caps, which is considered shouting; use a mix of upper and lowercase.

2. Attendance at Meetings and Events
The following rules help ensure that meetings and events are a productive, positive experience.

  • Unless otherwise communicated, the dress code for NAPCP meetings and events is "business casual"; however, participants are also welcome to wear formal business attire. 
  • Do not criticize, harass, abuse or threaten other participants.
  • Be respectful and courteous of your fellow participants; this includes minimizing distractions, such as cell phone use, side conversations during presentations, late arrivals and early departures, etc.
  • Like online tools, meetings and events are "public" forums; do not discuss pricing, contract terms or the pros/cons of particular providers and/or providers' products and services (unless there is a venue explicitly designated for these types of discussions).
  • Do not use meetings and events to solicit or endorse particular products, services or industry providers except for venues designated for this purpose (e.g., exhibit hall at NAPCP Annual Conference).
  • Abide by any additional rules in effect for a particular event.

3. Other Communications/Interactions with NAPCP Participants
When interacting with fellow participants outside of the NAPCP community, such as networking that originated through use of NAPCP Services, continue to uphold the Rules of Etiquette, exhibiting ethical and professional behavior at all times. It is the NAPCP's intent to foster and support constructive networking; the NAPCP should not be used as a conduit for outside interactions that annoy, offend or harm another NAPCP participant.  


Report an Issue
To report behavior that you feel violates the NAPCP Terms of Use, please contact us.


Security/Passwords/Profiles
You are solely responsible for maintaining the confidentiality of your user name and password. You are the only person authorized to use your user name and password, including any benefits that result from such usage. NAPCP may terminate your use of this Site should it discover misuse of:

  • your user name and password, such as allowing others to use
  • your benefits as an NAPCP member or complimentary subscriber, such as sharing protected Site content with individuals who do not have the same Site access as you

In addition, your NAPCP user profile is unique to you and must reflect your information, including your name, organization, title, address and e-mail. If a colleague is also interested in NAPCP content, he or she should maintain their own profile.

You agree to immediately notify NAPCP in writing of any unauthorized use of your user name, password and/or resulting benefits.

Third Party Content and Linking
NAPCP may contain links to other websites. These links are solely provided for your convenience and any such links do not imply NAPCP endorsement, nor is NAPCP responsible for the content of the website and the information they may collect from you when visiting the site.

You agree not to use any robot, spider, other automatic device, or process to monitor or copy our Site contents. You agree not to use any device or routine to interfere or attempt to interfere with the proper operation of the Site.

In no event may you link to the member pages or password-protected pages of the Site.

You may only link to non-password protected pages in the Site if all of the following criteria are met:

  1. You have requested a link by contacting laura_flandrick@napcp.org.
  2. The link brings end-users to the Site free of any frames or pop up windows of any kind whatsoever; and
  3. The link clearly states that it resolves at NAPCP; and
  4. The link points to, and resolves at http://www.napcp.org/; and
  5. Neither the link text or your site represents in any way an agency or joint venture with NAPCP; and
  6. NAPCP has not notified you that you are not permitted to link to the Site.

If all criteria are met, a link may be provided to the Site, however, the use of any NAPCP metatags, trademarks, newsletters, or any other content whatsoever is excluded from this limited linking license.

NAPCP expressly reserves the right to require you to sever the link at any time whether before or after linking commences, pursuant to these terms. If NAPCP notifies you that it has determined that the link shall be severed, you shall immediately sever the link, acknowledging that time is of the essence and that NAPCP will be materially harmed should linking continue.

Enforcement and Termination
Without limiting any other remedies, NAPCP may suspend or terminate your membership or access to Services if we believe you have engaged in fraudulent, manipulative, or interfering activity in connection with our Site or Services or have otherwise violated the provisions of these terms and conditions. You agree that NAPCP may modify, suspend, or permanently discontinue the Site, Services, your membership or subscription, or any features of the foregoing at any time without notice or liability to you.

Removal of Material
The NAPCP reserves the right not to post content and/or to remove content which NAPCP believes in its sole discretion violates any of its Rules of Etiquette or Terms of Use, or constitutes a use of a website tool for any purpose other than for which it was intended, or threatens NAPCP with criminal or civil liability.

General Restrictions
You shall not 1) manipulate the content of the Site; 2) place any information on the Site which may infringe the proprietary rights of any third party; 3) place any untrue, disparaging or other misleading information regarding NAPCP or any other third party; 4) provide false or misleading information during the registration process or during your use of the Site.

You may not copy, reproduce, upload, post, or transmit in any way the following: 1) any information or data that you do not have all necessary rights and licenses to, including but not limited to any copyright, trademark, patent, rights of privacy or publicity; 2) any information that may potentially be perceived as being harmful, threatening, or otherwise objectionable in any manner.

Additionally, you warrant that during your use of the NAPCP Site and Services, you shall not: 1) violate any applicable local, state, national or international law, statute, ordinance, rule or regulation including but not limited to all laws pertaining to antitrust regulations, libel, sales, and marketing; 2) make any misrepresentation as to your identity, affiliation or employment; 3) interfere with or disrupt the use of the Site or Services by NAPCP or any other user of the Site or Services; 4) upload, post, transmit, or distribute any unsolicited advertising, solicitations, or communications; 5) use the Site or the Services to gain unauthorized entry or access to the computers of others.

Age Restrictions
You must be 18 years or older to use this Site. Our services also are not available to temporarily or indefinitely suspended users. If you do not qualify, please do not use our Services.

NAPCP Trademarks, Copyrights and Restrictions
The NAPCP logo is a trademark of NAPCP. Everything you see in this Site is Copyright 1999–2011, National Association of Purchasing Card Professionals, All Rights Reserved, unless otherwise specified. All other product names and company logos found on the Site are the trademarks of their respective owners.

All materials on this Site, including, but not limited to, images, illustrations, newsletters, and text (the "Materials") and the software comprising or utilized in operating the Site (the "Software") are protected by copyrights which are owned or licensed by NAPCP. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Materials from NAPCP without the prior written permission of the NAPCP. However, you may download or make one copy of the Materials, and other downloadable items displayed on the Site, for personal, non-commercial use only, provided all copyright and other notices contained in the Materials are left intact. Any modification of the Materials, or any portion thereof, or use of the Materials for any other purpose constitutes an infringement of the NAPCP's copyrights and other proprietary rights. Use of these Materials on any other website or other networked computer environment without prior written permission from the NAPCP is prohibited.

Except as expressly authorized by NAPCP, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Material, the Service or the Software, in whole or in part. NAPCP grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Materials, or Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by NAPCP for use in accessing the Service.

Systems/Site Performance
NAPCP does not and cannot control the flow of data to or from NAPCP's network and other portions of the Internet. Such flow depends in large part on the performance of Internet services provided or controlled by third parties. At times, actions or inactions of such third parties can impair or disrupt your connections to the Internet. Although NAPCP will use commercially reasonable efforts to take all actions it deems appropriate to remedy and avoid such events, NAPCP cannot guarantee that such events will not occur. Accordingly, NAPCP disclaims any and all liability resulting from or related to such events.

User's Grant of Limited License
By submitting content to this Site, including submissions through e-mail and chatrooms (e.g., eNetworking and Career Center), or to NAPCP, you: 1) grant NAPCP and its licensees the right to use, reproduce, display, adapt, modify, and distribute the content in any form, anywhere and for any purpose; and 2) warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by NAPCP will not infringe or violate the rights of any third party.

Disclaimer. The opinions and information posted on the Site by participants are those of the originator only. Neither the NAPCP nor any of the NAPCP member institutions accept responsibility for these messages. None of the opinions expressed by the membership should be considered legal advice or counsel.

Limitation of Liability

You acknowledge that NAPCP has provided this Site and Services to you in reliance upon the limitations of liability and the disclaimers of warranties and damages set forth herein, and that this limitations and disclaimers form an essential basis of the bargain between us.

THIS SITE AND ALL INFORMATION, ARTICLES, NEWSLETTERS, LINKS TO OTHER WEB SITES, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE "CONTENT") ARE PROVIDED "AS IS" FOR YOUR PERSONAL USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. NAPCP, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ALL TIMES; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK.

IN NO EVENT SHALL NAPCP OR OUR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE CONTENT, INCLUDING, BUT NOT LIMITED TO, LOST REVENUE, LOST PROFITS, REPLACEMENT GOODS, LOSS OF TECHNOLOGY, RIGHTS OR SERVICES, LOSS OF DATA, OR INTERRUPTION OR LOSS OF USE OF THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER ARISING UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE AMOUNT PAID TO NAPCP FOR YOUR MEMBERSHIP. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification
You agree to indemnify and hold harmless NAPCP, its affiliates, suppliers and subsidiaries, and their respective directors, officers, employees, agents, shareholders, co-branders, partners, successors and assigns (the "Indemnified Parties"), from and against any claim, damage, loss, liabilities, judgments, and expenses related thereto (including, without limitation, reasonable attorney's fees) incurred by any of the Indemnified Parties arising from or related to: 1) the use of the Services or Site by you, and 2) any breach or violation of this Terms of Use by you, and 3) any breach of any of representations, warranties and covenants made by you.

Disclosures
National Association of Purchasing Card Professionals is a forum to guide, educate, and support the Purchasing Card industry on this Site. Consumers are not charged for the use of this site, other than the cost for membership to NAPCP, which they may choose to purchase. You can have the information in this disclosure sent to you by mailing us at the address below with a request for information.

National Association of Purchasing Card Professionals
12701 Whitewater Drive, Suite 280
Minnetonka, MN 55343

E-mail NAPCP at laura_flandrick@napcp.org with questions regarding our memberships, this Site or our Services.

The Consumer Assistance Unit of the Division of Consumer Information of the Department of Consumer Affairs in California may be contacted in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

Information Accuracy
NAPCP extensively reviews all the information presented on the Site. However, we cannot be responsible or liable for typographical errors or technical inaccuracies.

Applicable Law
The laws applicable to this Terms of Use shall be the laws of the State of Minnesota, USA, without regard to its conflict of laws principles. If any part of this Terms of Use and documents specifically included in this Terms of Use is considered invalid or unenforceable, such provision shall be struck and all remaining provisions shall be enforced. You hereby consent to the jurisdiction and venue of Minnesota courts for any action arising under the Terms of Use, including injunctive relief.

Infringing Item Policy
The Digital Millennium Copyright Act (DMCA) specifies procedures by which Internet Service Providers (ISPs) may limit liability with respect to information residing on network servers. In accordance with the DMCA, NAPCP has designated an agent to receive notification of claimed infringement. If you believe that NAPCP's use of your work constitutes copyright infringement, please contact NAPCP with the following written information specified below. Note that this procedure is only to notify NAPCP that your copyrighted material has potentially been infringed.

  1. The location on the Site of the potentially infringing item;
  2. A description of the copyrighted work that you claim has been infringed upon;
  3. Your address, e-mail address and telephone number;
  4. A sworn statement by you that you believe in good faith that the item is infringing and that you are either the copyright owner or authorized to act on behalf of the copyright owner.

All claims of infringement must conform to DMCA notification procedures, and should be directed to the following agent:

Name of Agent Designated to Receive Notification of Claimed Infringement: Diane McGuire

Address of Designated Agent to Which Notification Should Be Sent:

12701 Whitewater Drive, Suite 280
Minnetonka, MN 55343

Telephone Number of Designated Agent: (952) 546-1880

E-mail Address of Designated Agent: diane_mcquire@napcp.org

(IMPORTANT: This e-mail address is intended for the receipt of "Notifications of Claimed Infringement" under the Digital Millennium Copyright Act of 1998, 17 U.S.C. 512.)

NAPCP may terminate access for content providers or you, if found to have provided or posted protected material without necessary rights and permissions.

If you are the subject of copyright infringement charges, you may be temporarily or indefinitely suspended from use of or access to our Site. If you are responsible for the text and graphics, you will be reached as quickly as possible to discuss appropriate responses to the DMCA's "take-down" and "put-back" specifications.

Privacy Policy
Your privacy is very important to us. Please review the NAPCP's Privacy Policy and contact us if you have questions or concerns.

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