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POWERUPYOURCAREERSM WEBSITE
TERMS & CONDITIONS
The following terms and conditions (hereinafter the “Agreement”) govern your use of the PowerUpYourCareerSM website and any services contained within the website. By using the PowerUpYourCareerSM website, you agree to be bound by these terms and conditions.
1.0 Copyrighted information
The pages on the PowerUpYourCareerSM website may contain other proprietary notices or copyright information, the terms of which must be observed and followed. All information, text, articles, data, images, or other works of authorship (hereinafter “Works”) contained on any page of the PowerUpYourCareerSM website are copyrighted by the National Association of Electrical Distributors (hereinafter entitled “NAED”) or a third-party (hereinafter the “Copyright Holder”). Title to copyright in these Works remains with NAED or the Copyright Holder at all times.
1.1 Your use of Copyrighted Works
You may only use, download, or copy the Works found on the PowerUpYourCareerSM website in compliance with these terms and conditions. Except as provided herein, any reproduction, re-display, republication, distribution, or retransmission of any information contained on this site without the prior written consent of NAED is prohibited.
If written consent is granted by NAED to download and copy any Works, such use is conditioned upon the following:
1. The copyright notice on the homepage of the PowerUpYourCareerSM website appears on the copy or display along with a notice that the Work is reprinted with permission of NAED, and any other proprietary notices contained in such Works must also be displayed.
2. Use or reproduction is for informational or personal use only.
3. No modifications of any Works are made.
4. You may not edit, modify, or make use of the Works without the express, prior written consent of NAED.
5. You may not use any content contained in the Works in any manner that may give false or misleading impression or statement as to NAED, PowerUpYourCareerSM, the Copyright Holder, or any third party referenced in any Work, or which falsely disparages any product made by any company, whether or not they are a member of NAED.
NAED may modify the foregoing terms at any time, and NAED may revoke any of the foregoing rights as well as any use or access authorizations granted to users of this site at any time.
1.2 Permission to Reprint Standards
NAED grants permission to reprint whole sections of copy appearing in the PowerUpYourCareerSM website under certain limited conditions. To request consideration, please submit a written request on company letterhead, addressed to the NAED PowerUpYourCareerSM Webmaster at powerup@naed.org . In certain instances, fees may be applicable.
2.0 Copyright, Ownership in Publications Prepared in the Course of PowerUpYourCareer Projects, Activities and Programs
NAED owns and maintains the rights of any copy, photos or videos displayed on the PowerUpYourCareerSM website and any other PowerUpYourCareerSM publications and related property, in all forms (whether in print, audiotapes, videotapes, software, CD ROM, internet web site or any other medium). NAED has the exclusive right to copyright any of its print, electronic products, databases, audio/visual products, and any other subject matter covered by the Copyright Act, Title 17, United States Code. By participating in the PowerUpYourCareerSM website or any activity, publication or program developed by NAED in conjunction with the website, each NAED Distributor member company participating in the PowerUpYourCareerSM website, and the participating company’s employees acknowledge and agree that the copyright to such publications resides with NAED.
3.0 Hyperlinking and Logo usage: NAED Distributor Members
3.1 PowerUpYourCareerSM Member Logo
NAED encourages its members to hyperlink to the PowerUpYourCareerSM website and to display the PowerUpYourCareerSM logo, using these guidelines. To obtain a copy of the PowerUpYourCareerSM logo, email NAED’s PowerUpYourCareerSM at powerup@naed.org . Only NAED distributor members, enrolled as participants to the PowerUpYourCareerSM website, are authorized to display the PowerUpYourCareerSM logo.
3.1.1 NAED Distributor Members may only use the text and images provided by PowerUpYourCareerSM in the manner and locations specified by NAED, and must update all images and text within seven (7) days after receipt of notice of any changes. NAED may modify images and text at any time to the PowerUpYourCareerSM website.
3.1.1.1 NAED Distributor Members, authorized to participate in the PowerUpYourCareerSM website, may use the logo anywhere on their websites, on marketing/sales (or other printed) literature, trade show booths, and for similar promotional uses, except in a location or manner (including placement of the PowerUpYourCareerSM name or logo or by the imposition of any frames, browser windows or third party content) which implies or states that NAED or PowerUpYourCareerSM has endorsed, tested, or certified a company, products, services or website(s).
3.1.1.2 This Agreement does not permit the use of the PowerUpYourCareerSM mark, NAED logo or the phrase, “Power Up Your Career”. For further information on usage of these marks, please contact NAED’s PowerUpYourCareerSM Webmaster at powerup@naed.org .
3.1.1.3 Logo Colors. The preferred colors for the PowerUpYourCareerSM logo composite are PMS 187 Red and PMS Cool Gray 10.
3.2 You, as a NAED Distributor Member, acknowledge and agree that (i) NAED's trademarks and name, including, but not limited to, the PowerUpYourCareerSM mark, PowerUpYourCareerSM logo, the NAED Member logo, and the phrase, “Power Up Your Career” (collectively, the "Marks"), the PowerUpYourCareerSM website and its contents are and shall remain the sole property of NAED; (ii) nothing in this Agreement shall give you any right of ownership in the Marks or website; (iii) nothing in this Agreement or on the PowerUpYourCareerSM website shall be construed as conferring any license under NAED or any Copyright Holder's property rights, either expressly or impliedly; (iv) you shall not now or in the future contest the validity of the Marks; and (v) you shall not take any action that would impair the value or goodwill associated with NAED or the Marks, or PowerUpYourCareerSM's image or reputation; you shall not use the Marks in any way that might be misleading including, without limitation, stating or implying that goods or services are certified by PowerUpYourCareerSM or NAED.
3.3 Disclaimer Respecting Third-Party Supplied Information.
NAED occasionally utilizes and reprints information supplied or published by third-parties on its PowerUpYourCareerSM website, which may include news releases, articles published in other media, and data. This information is supplied from time to time as a convenience and does not represent an endorsement of the views expressed, whether factual or opinions. The disclaimers of warranty, accuracy, and product performance and limitations of liability set forth in 5.1 – 5.5 below are equally applicable to information supplied by third-parties and republished on the PowerUpYourCareerSM website.
3.4 NAED Distributor Members, participating in the PowerUpYourCareerSM website, may establish hyperlink(s) to any portion of the PowerUpYourCareerSM website. NAED makes no guarantees that the content or URL will remain the same for any page on its website. Please monitor your links to ensure their operation.
3.5 NAED through its PowerUpYourCareerSM website may provide hyperlinks to Member websites, and will make every effort to ensure, though it makes no guarantee, that the links are valid. Please report any broken, missing, or invalid links to NAED’s PowerUpYourCareerSM Webmaster at powerup@naed.org.
3.6 If a NAED Distributor Member company drops its NAED membership for any reason, the PowerUpYourCareerSM logo and name, and hyperlinks, should be removed from the company website, promotional literature, and other items it may have appeared upon, within seventy-two (72) hours of membership termination.
3.7 NAED reserves the right to terminate this Agreement with or without cause at any time. If NAED terminates this Agreement, you shall remove any and all links to the PowerUpYourCareerSM website within twenty-four (24) hours of receipt of notice from NAED.
4.0 Hyperlinking and Logo usage: Non-Members (including associations, governmental agencies or units, educational institutions, etc.)
4.1 NAED does not permit the use of the PowerUpYourCareerSM logo without its prior express written consent and the execution of a usage Agreement. Click here for more information about or to request permission to use the PowerUpYourCareerSM logo.
4.2 You may establish hyperlink(s) to any portion of the PowerUpYourCareerSM website. NAED or PowerUpYourCareerSM makes no guarantee that the content or URL will remain the same for any page on its website. Please monitor your links to ensure their operation.
4.3 You shall not state or imply in any way (including placement of the PowerUpYourCareerSM name or identifier, or by the imposition of any frames, browser windows or third party content) that NAED or PowerUpYourCareerSM has endorsed, tested, or certified your company, products, services or website(s).
4.4 NAED within its PowerUpYourCareerSM website will NOT provide hyperlinks to non-member websites, and will make every effort to ensure, though it makes no guarantee, that such links are unavailable. Please report any violations to NAED’s PowerUpYourCareerSM Webmaster at powerup@naed.org .
4.5 You acknowledge and agree that (i) PowerUpYourCareerSM's service mark and name, including, but not limited to, PowerUpYourCareerSM mark, the PowerUpYourCareerSM logo, the PowerUpYourCareerSM Member logo, and the phrase, "Power Up Your Career, (collectively, the "Marks"), the PowerUpYourCareerSM website and its contents are and shall remain the sole property of NAED; (ii) nothing in this Agreement shall give you any right of ownership in the Marks of NAED or the PowerUpYourCareerSM website; (iii) nothing in this Agreement or on the PowerUpYourCareerSM website shall be construed as conferring any license under NAED or any Copyright Holder's property rights, either expressly or impliedly; (iv) you shall not now or in the future contest the validity of the Marks; and (v) you shall not take any action that would impair the value or goodwill associated with the Marks or NAED or the PowerUpYourCareerSM website's image or reputation; you shall not use the Marks in any way that might be misleading including, without limitation, stating or implying that goods or services are certified by NAED or PowerUpYourCareerSM.
4.6 Disclaimer Respecting Third-Party Supplied Information.
NAED occasionally utilizes and reprints information supplied or published by third-parties on its PowerUpYourCareerSM website, which may include news releases, articles published in other media, and data. This information is supplied from time to time as a convenience and does not represent an endorsement of the views expressed, whether factual or opinions. The disclaimers of warranty, accuracy, and product performance and limitations of liability set forth in 5.1 –5.5 below are equally applicable to information supplied by third-parties and republished on the PowerUpYourCareerSM website.
4.7 NAED reserves the right to terminate this Agreement with or without cause at any time. If NAED terminates this Agreement, you shall remove any and all links to the PowerUpYourCareerSM website within twenty-four (24) hours of receipt of notice from NAED.
5.0 Disclaimers and Limitation on Liability
5.1 Disclaimer of Warranties
You expressly agree that the use of PowerUpYourCareerSM materials, Works, Marks and website is at your sole risk. NAED does not warrant that its service will be uninterrupted or error free.
NAED provides this access to the PowerUpYourCareerSM website “as is" without warranty of any kind. NAED disclaims all representations and warranties, expressed or implied, including, but not limited, to, the implied warranties of merchantability and fitness for a particular purpose and the warranties of title and non-infringment. In no event will NAED be liable for any direct, indirect, incidental, special or consequential damages including, but not limited to, loss of profit, loss of data, loss of business or other loss arising out of or resulting from this Agreement or the use of any of the materials, Works or Marks under this Agreement or access to any of the services described in this Agreement even if NAED has been advised of the possibility of such damages. The foregoing shall apply regardless of the negligence of NAED and regardless of whether such liability is found in contracts, negligence, tort or any theory or liability.
5.2 Disclaimer of Accuracy
NAED does not represent or warrant that information accessible via the PowerUpYourCareerSM website is accurate, complete or current. The PowerUpYourCareerSM website could contain typographical errors or technical difficulties. NAED reserves the right to add to, change or delete its content or any part thereof without notice. Additionally the PowerUpYourCareerSM website may contain information provided by third parties. NAED makes no representation or warranty regarding the accuracy, truth, quality, suitability or reliability of such information provided by third parties.
5.3 Disclaimer of Guaranty (Publications)
NAED publishes standards, guidelines, and other information about electrical products and their use. These publications represent the consensus views of NAED members and other interested persons who participate in their preparation. Because they represent only views that are arrived at by consensus, the reader may want to consult other sources of information. The standards or guidelines presented in a NAED’s Standards Publication are considered technically sound at the time they are approved for publication. They are not a substitute for a product seller's or user's own judgment with respect to the particular product discussed, and NAED does not undertake to guaranty the performance of any individual manufacturers' products by virtue of this standard or guide. Thus, NAED expressly disclaims any responsibility for damages arising from the use, application, or reliance by others on the information contained in these standards or guidelines by others.
5.4 Limitation on NAED's Liability
You agree to defend, indemnify and hold NAED, its trustees, officers, employees and agents from and against any claims, demands, damages, causes of action, loss or judgments arising from your breach of this Agreement or your hyperlink to the PowerUpYourCareerSM website.
Neither NAED, nor its members, governors, officers, employees or other representatives will be liable for damages arising out of or in connection with the use or misuse of the PowerUpYourCareerSM website, or the Works, even if advised of the possibility thereof. This is a comprehensive limitation of liability that applies to all damages of any kind, including without limitation, loss of data, income or profit, loss of or damage to property and claims of third parties. You have sole responsibility for the use of the information on the PowerUpYourCareerSM website and for adequate protection and backup of data and/or equipment used in connections with the PowerUpYourCareerSM website, and you will not make any claim against NAED for lost data, re-run time, inaccurate output, work delays or lost profits resulting from your use of the website and the works.
5.5 Limitation on Liability of Copyright Holders
Copyright holders will not be liable for any direct, indirect, special or consequential damages arising out of any use of the PowerUpYourCareerSM website and the Works or performance or implementation of the contents or the Works.
6.0 Links to Third Party Sites
Other websites that can be accessed by website users via the PowerUpYourCareerSM website are not under the control of NAED or PowerUpYourCareerSM. NAED is not responsible for the contents of any website linked to the PowerUpYourCareerSM website or any remote link accessible from such website. Linkage to other sites from the PowerUpYourCareerSM website is provided solely as a convenience to NAED Distributor Members, enrolled in the website, and the linkage does not constitute, expressly or impliedly, an endorsement by PowerUpYourCareerSM or NAED of any linked website or the products or services of that organization or person.
7.0 User Responsibility and Input
In utilizing the PowerUpYourCareerSM website, any communication, video, audio, artwork or other material or comments received by NAED with respect to the contents of the PowerUpYourCareerSM website by a user of the website shall be treated as public, non-confidential information, and NAED shall have no obligation of any kind with respect to such information and NAED shall be free to use, disclose, or distribute such information to third parties without limitation. NAED shall have no obligation to compensate the person or organization who transmitted such information or the use of such information by the PowerUpYourCareerSM website, NAED or any third party.
7.1 The disclosure of personal information is covered in PowerUpYourCareerSM's Privacy Policy.
7.2 The User agrees that it will not use the PowerUpYourCareerSM website, including its forums, for any illegal or wrongful purpose. While not intended to be exhaustive, the following is a list of uses of the PowerUpYourCareerSM website which are prohibited:
7.2.1 Any expression of animus, bias, cursing, name-calling against individuals or groups, offensive material such as obscenity, vulgarity, or profanity, jokes, sarcasm or other non-business-like or offensive communications. Communications which are considered offensive include, but are not limited to, any messages which contain sexual implications (including pornography), racial slurs, gender-specific comments, or comments that offensively address someone's age, gender, sexual orientation, religious or political beliefs, national/ethnic origin or disability.
7.2.2 Harassment of any sort, including but not limited to sexual or gender-based harassment, racial harassment, religious harassment, and the like, and harassment which is intended to cause emotional distress.
7.2.3 Personal commercial activities, religious causes, personal charitable solicitations, personal political activity, support for outside organizations which are not related to the direct conduct of the PowerUpYourCareerSM website’s business.
7.2.4 The knowing, reckless, or negligent dissemination of false information of any kind which could tend to injure any firm, entity or person, or any product made by them, even if that information is originally published by someone else.
7.2.5 Any illegal activity such as, and without limiting the generality of the prohibition, violations of antitrust laws, export administration laws, securities laws, copyright, patent, or trademark laws, or civil rights laws.
8.0 Service Marks
PowerUpYourCareerSM is the registered service mark of NAED. All other marks mentioned on the PowerUpYourCareerSM website are the service marks and trademarks of their respective owners. Nothing contained in the PowerUpYourCareerSM website should be construed as granting, by implication, estoppel, or otherwise, a license or right to use any service mark or trademark displayed on the PowerUpYourCareerSM website without prior written permissions of NAED or other trademark owners.
9.0 Website Fees
Any and all fees paid to NAED in connection with the PowerUpYourCareerSM website are non-refundable, regardless of any change in circumstances the payor of such fees may have. The non-refundable fees will be retained by NAED.
10.0 NAED reserves the right to delete or change any information transmitted to or from the PowerUpYourCareerSM website which violates these terms and conditions of use.
11.0 NAED reserves the right to change, modify, add or delete materials from the PowerUpYourCareerSM website without notice.
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