TERMS OF USE

This website and its contents are the property of the National Association of Black Accountants, Inc. (“NABA”). This web page states the “Terms of Use” for the use of NABA’s website, www.nabainc.org, , the NABA NOW community platform at community.nabainc.org, and use of NABA branded social media channels on LinkedIn, Facebook, X (formerly Twitter), and YouTube (referred collectively as the “Website”). By using the Website, you agree to be bound by these Terms of Use. NABA may revise these Terms of Use at any time by updating this posting. The terms “You” and “User” are used to refer to anyone who is accessing the Website. If you are using the Website on behalf of a company or other legal entity, such entity may have a separate agreement with NABA, but you are nevertheless individually bound by these Terms of Use.

IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, DO NOT USE THIS WEBSITE.

Ownership of Copyrights, Trademarks and Other Intellectual Property

The entire contents of the Website, including the text, graphics, images, logos, button icons, HTML code, and other materials are copyrighted by NABA under the copyright laws of the United States. User agrees not to remove or obscure copyright notices appearing on the Website. NABA grants no copyright or ownership interests to User for any of the material and proprietary information referred to herein belonging to NABA; limited use of the materials is permitted only as expressly stated in the terms below. Permission to the Website content may be granted in special circumstances on a case-by-case basis.
Please direct any request to use content to info@nabainc.org

Permitted Uses of Materials

Below are selected permitted and prohibited uses of NABA materials that are posted at the Website or NABA social media channel posts.

  1. Anyone who is doing personal, noncommercial research may view, print material, and temporarily store materials from the Website, provided that NABA’s copyright notices are not removed and that the reuse of material does not conflict with any of the prohibited uses below.
  2. Anyone may share NABA materials by utilizing the “share” icons displayed in conjunction with NABA content posted on the Website.
  3. Any use other than as described in paragraph 1 ~ 2 above requires prior written permission from NABA. Please direct any request by emailing info@nabainc.org

Prohibited Uses of Materials

  1. Except for the permitted uses above, User agrees not to reproduce, distribute, transmit (via print, fax, electronic, or other means), modify, alter, or create derivative works of the materials contained in the Website without prior written permission from NABA.
  2. User agrees that materials may not be commercially exploited or sold to third parties without prior written authorization from NABA.
  3. User agrees that materials may not be systematically stored on a server so as to substitute for the purchase of a subscription and/or license agreement to/for the materials.

Name and Logo

User agrees not to use the name of the National Association of Black Accountants, Inc., NABA, Inc., NABA, or their logos for any promotional or commercial purpose or any other purpose without the prior written consent of NABA.

Website Security

Interference with Website operation: User agrees to not access or use the Website in any manner that could damage, disable, impair or cause undue burden on the Website and/or its host, servers, network, systems or other users. User agrees to not attempt to interfere in any way with the operation of the Website, that User will not transmit any virus or worm to the Website, that User will not use any spider, robot or any other automated mechanism to access the Website and/or its servers or systems, and that you will not engage in flooding, spamming, mail-bombing, crashing or otherwise sending unsolicited e-mail to other users of the Website. User further agrees that User will not attempt to access NABA that is not intended for your use, that User will not attempt to log on to a server or account that User is not authorized to access, and that User will not probe, scan or test the vulnerability of any system or network related in any way to the Website without authorization.

Alteration of Website content: None of the material contained on the Website (including all software, HTML code, and other code) may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo-reproduction, recordation, or otherwise), resold or redistributed without the prior written permission of NABA.

Violation of Website security: Users are prohibited from violating or attempting to violate the security of the Website. This site has security measures in place to protect the loss, misuse, and alteration of the information under our control. Please see our https://nabainc.org/privacy-policy/ for further details concerning the Website’s privacy practices.

Compliance: User agrees to comply with all applicable laws, as well as with these Terms of Use. User agrees not to engage in any unlawful or commercial activity on the Website.

Registration and Password

Users are responsible for maintaining the confidentiality of their information and password. User is responsible for all use associated with User’s registration and the compliance with all Terms of Use. User agrees to immediately notify NABA of any unauthorized use of your password or account or any other breach of security.

Termination of Account

NABA reserves the right, at its sole discretion, to pursue all of its legal remedies, including, but not limited to deletion of User’s postings from the Website and immediate termination of User’s registration with the Website or ability to access the Website and/or any other service provided to User by NABA, upon any breach by User of these Terms of Use or if NABA is unable to verify or authenticate any information User submits to the Website for registration. NABA shall not be liable to User nor any third party for any termination of User’s account or access to the Website.

Waiver of Liability

NABA is NOT LIABLE for any content posted on the website. User assumes all risks associated with dealing with other users with whom User comes in contact through the Website. Should a dispute arise between User and another user, User hereby agrees to release NABA from all claims, demand, and damages associated with such a dispute.
IN NO EVENT SHALL NABA OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DASSOCIATION OR BUSINESS INTERUPTION) RESULTING FROM THE USE OR
INABILITY TO USE THE WEBSITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ASSOCIATION IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

No Warranties

THE CONTENT THAT IS POSTED ON THE WEBSITE MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. NABA MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEBSITE, THE MATERIAL OR OTHER POSTED CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

THE WEBSITE AND MATERIAL ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. NABA DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF COPYRIGHT TO THE FULLEST EXTENT PERMITTED BY LAW.
NABA DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEBSITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NABA IS NOT RESPONSIBLE FOR THOSE COSTS.

Links to Other Sites

The Website may contain links to third-party websites. These links are provided solely as a convenience to User and not as an endorsement by NABA of the third-party or the contents of such third-party websites. Because we do not have any control over such third-party websites, NABA is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party websites. Linking to third-party websites is performed at User’s own risk.

Indemnity

User agrees to defend, indemnify, and hold harmless NABA, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal fees, resulting from your use of the Website or your breach of the Terms of Use, including, without limitation, your submission of content that violates third party rights or applicable law. NABA shall provide notice to User promptly of any such claim, suit, or proceeding and shall assist User, at User’s expense, in defending any such claim, suit or proceeding.

Foreign Access

If User accesses this Website from outside the United States, User does so at User’s own risk. User agrees to comply with all applicable local rules and laws regarding the transmission of technical Association exported from the United States or the country in which you reside.

Governing Law

These Terms of Use are governed by laws of the State of Maryland. Jurisdiction for any claims arising under these Terms of Use shall lie exclusively with the state or federal courts within the State of Maryland. If any provisions of these Terms of Use are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term.

Digital Millennium Copyright Act Notification

To notify NABA of a claimed copyright infringement regarding content posted on the Website, a notification of a claimed copyright infringement must be provided to NABA via e-mail to info@nabainc.org with the subject line: DMCA Takedown Request, and must include the following information:

  1. The subject line of the e-mail must include the words “Copyright Infringement Claim.”
  2. An electronic signature of the copyright owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed.
  3. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works on that site.
  4. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit NABA to locate the material.
  5. Information reasonably sufficient to permit NABA to contact the Complaining Party, such as an address, telephone number, and, if available, an electronic mail address at which the Complaining Party may be contacted.
  6. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  7. A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is the owner, or is authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.

If NABA concludes that the Complaining Party has raised a legitimate copyright claim, it will remove or deny access to the allegedly infringing material from the Website.

Posting Etiquette Guidelines

In order to foster a positive environment built upon a foundation of trust, respect, open communications, and ethical behavior, and to maintain NABA’s IRS 501(c)(3) status as a tax exempt non-profit organization, users of the Website shall refrain from posting or endorsing content that:

  • Are libelous, defamatory, obscene, threatening, offensive, demeaning, derogatory, abusive, or off- topic
  • Violate third party’s privacy rights, proprietary rights, or any other applicable local, state, national, or international law
  • Endorse any candidate or office holder or partisan political position
  • Include spam or harmful link/malware
  • Are solely for commercial purposes
  • Degrade others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability, or other classification
  • May injure NABA or affect adversely NABA’s reputation

Keep in mind that information posted on social media is available for all to see and non-confidential. Users shall not post confidential information on the Website.

Disclaimer and NABA Admin Authority

NABA is not responsible for the content of third party social media platforms and does not make any representations regarding the content or accuracy of materials on them. Please also note that the opinions of NABA-branded social media moderators, posters, and commentators, are their own, and not necessarily that of NABA. NABA will not be held liable for any injury or damage resulting from actions and behaviors on social media. In order to preserve a climate that encourages both civil and fruitful dialogue, NABA reserves the right to delete posts from Users and participants who violate the posting etiquette guidelines, suspend or terminate the right of any participation without notice, and report posts in violation to the appropriate third party social media platform administrators.

Effective Date: March 2024