The web pages available at www.iowafbla.com ("Site"), are owned and operated by the Iowa FBLA State Committee, and are accessed by you ("User") under the following terms and conditions. The Iowa FBLA State Committee reserves the right, at its discretion, to modify the Agreement or Services (as defined below) or Content (as defined below) at any time. User shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by User following such notification constitutes User's acceptance of the terms and conditions of this Agreement as modified.
ACCESS TO THE SERVICES
Subject to the terms and conditions of this Agreement, the Iowa FBLA State Committee may offer to provide certain services and content solely for User's personal, non-commercial use, as described more fully on the Site, and which are selected by User through the process provided on the Site ("Services"). Services shall include, but not be limited to, any services the Iowa FBLA State Committee performs for User, as well as the offering of any materials displayed or performed on the Site (including, but not limited to diagrams, text, graphics, news articles, photographs, images, illustrations, audio clips and video clips, also known as the "Content") on the Site. The Iowa FBLA State Committee may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature, database, or content. The Iowa FBLA State Committee may also impose limits on certain features and services or restrict User's access to parts or all of the Services without notice or liability. User shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Site or otherwise use the Services.
User certifies to the Iowa FBLA State Committee that if User is an individual (i.e., not a corporation or institution), User certifies that it is legally permitted to use the Services and access the Site. User also takes full responsibility for the selection and use of the Services and access of the Site. This Agreement is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.
As a condition of use, User represents, warrants and promises that it will not use the Services for any purpose that is unlawful or prohibited by this Agreement, or any other purpose not reasonably intended by the Iowa FBLA State Committee, and that it possesses all rights necessary to use, upload, display and perform, publish, post, distribute and submit the User Submissions, and to grant the Iowa FBLA State Committee and other users the rights and licenses to such User Submissions as provided herein. By way of example, and not as a limitation, User represents, warrants and agrees that it will not contribute or send any Content or otherwise use the Services: to abuse, harm, harass, threaten, impersonate or intimidate other www.IowaFBLA.org forum users; to contribute or send any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party; for any illegal or unauthorized purpose. If User is an international user, User agrees to comply with all local laws regarding online conduct and acceptable content; to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any www.IowaFBLA.org forum user; to modify, adapt or hack the Site or modify another website so as to falsely imply that it is associated with the Site; to create or submit unwanted email ("Spam") to any www.IowaFBLA.org forum users, emails listed on this site, or any URL; to violate any laws in User's jurisdiction (including but not limited to copyright laws); to submit stories or comments linking to affiliate programs, multi-level marketing schemes.
User will not use any robot, spider, scraper or other automated means to access the Site for any purpose without the Iowa FBLA State Committee’s express written permission. Additionally, User agrees that it will not: (i) take any action that imposes, or may impose in the Iowa FBLA State Committee’s sole discretion an unreasonable or disproportionately large load on the website’s infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures the Iowa FBLA State Committee may use to prevent or restrict access to the Site.
User is responsible for all of its activity in connection with the Services and accessing the Site. User may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any IowaFBLA website user. User shall not use any part of the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store material that is deemed threatening or obscene, or engage in any kind of illegal activity. User will not run Maillist, Listserv, any form of auto-responder, or "spam" on the Site, or any processes that run or are activated while User is not logged in to the Site and/or Service.
User acknowledges that the Iowa FBLA State Committee has no control over, and no duty to take any action regarding: which users gains access to the Site or use the Services; what Content User accesses via the Site or Services; what effects the Content may have on User; how User may interpret or use the Content; or what actions User may take as a result of having been exposed to the Content. User releases the Iowa FBLA State Committee from all liability for User having acquired or not acquired Content through the Site or Services. The Site or Services may contain, or direct User to sites containing, information that some people may find offensive or inappropriate. The Iowa FBLA State Committee makes no representations concerning any content contained in or accessed through the Site or Services, and the Iowa FBLA State Committee will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or Services. THE SERVICES, CONTENT, SITE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.
REGISTRATION AND SECURITY
As a condition to using certain Services, User may be required to register on IowaFBLA.com and enter an email address and password ("IowaFBLA User ID"). User shall provide accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of User's account. User may not (i) select or use as a User ID a name of another person with the intent to impersonate that person; or (ii) use as a User ID a name subject to any rights of a person other than User without appropriate authorization. The Iowa FBLA State Committee reserves the right to refuse registration of, or cancel a User ID in its discretion. User shall be responsible for maintaining the confidentiality of User's password.
User will indemnify and hold the Iowa FBLA State Committee, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of User's access to the Site, use of the Services, the violation of this Agreement by User, or the infringement by User, or any third party using User's account, of any intellectual property or other right of any person or entity.
Either party may terminate the Services at any time by notifying the other party by any means. The Iowa FBLA State Committee may also terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if User breaches any of the terms or conditions of this Agreement. Upon termination of User's account, User's right to use the Services, access the Site and any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnification and limitations of liability.
THIRD PARTY WEBSITES AND INTERACTIONS
User's interactions with organizations and/or individuals found on or through the Service are solely between User and such organizations and/or individuals. User should make whatever investigation it feels necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. User agrees that the Iowa FBLA State Committee shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on the Site, or between User and any third party, User understands and agrees that the Iowa FBLA State Committee is under no obligation to become involved. In the event that User has a dispute with one or more other users, User hereby releases the Iowa FBLA State Committee, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. The Iowa FBLA State Committee shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond the Iowa FBLA State Committee reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by User except with the Iowa FBLA State Committee prior written consent. The Iowa FBLA State Committee may transfer, assign or delegate this Agreement and its rights and obligations without consent. This Agreement shall be governed by and construed in accordance with the laws of the state of Iowa without regard to the conflict of laws provisions thereof. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and User does not have any authority of any kind to bind the Iowa FBLA State Committee in any respect whatsoever.
Effective Date: August 19, 2008