Terms of Use

NACE International Institute Business Services, LLC Terms & Conditions of Service:

Please read these Terms and Conditions before using the site. By using this site or any service on this site, you are indicating that you are 18 years old or older and agree to be bound by all terms and conditions of this agreement. From time to time NACE International Institute Business Services, LLC may modify these Terms and Conditions without prior notice to you. Therefore, please continue to review these Terms and Conditions of Service when using this site. Your continued use of this site following the posting of changes to these Terms and Conditions will mean that you accept such changes.

1. Services:

Welcome to NACE International Institute Business Services, LLC’s online information service. NACE International Institute Business Services, LLC agrees to provide you with information and application materials on the NACE International Institute Contractor Program  (NIICAP) that NACE International Institute Business Services, in its editorial discretion may offer subject to the Terms and Conditions of this agreement (collectively, the “Service”).

2. Disclaimer of Warranties; Limitation of Liability:

This Web site may contain various combinations of text, images, audiovisual productions, opinions, statements, facts, articles, market data, stock quotes or other information created by NACE International Institute Business Services, LLC or by third-parties. Due to the number of sources from which content in this site is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in such content. Accordingly, such content, including the market data, is for your reference only and should not be relied upon by you for any purpose. Such content is not intended for the purpose of tax or investment advice and it does not advocate the purchase or sale of any security or investment.

NACE INTERNATIONAL INSTITUTE BUSINESS SERVICES, LLC AND ITS AFFILIATES, AGENTS, SPONSORS, SERVICE AND CONTENT PROVIDERS AND LICENSORS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, INTEREST HOLDERS AND EMPLOYEES (COLLECTIVELY, THE "PM PARTIES") CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT AVAILABLE ON THIS SITE. ALTHOUGH NACE INTERNATIONAL INSTITUTE BUSINESS SERVICES, LLC INTENDS THAT THE CONTENT OF THIS WEB SITE BE ACCURATE, COMPLETE, AND CURRENT, NACE INTERNATIONAL INSTITUTE BUSINESS SERVICES, LLC DOES NOT WARRANT OR REPRESENT THAT ANY CONTENT OF THIS WEB SITE (INCLUDING ANY SOFTWARE) IS ERROR-FREE, COMPLETE, OR CURRENT, THAT USE OF SUCH CONTENT WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE, ITS CONTENT, AND THE SERVERS ON WHICH THE WEB SITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE PM PARTIES SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY NEGLIGENCE OR CONTINGENCIES BEYOND THEIR CONTROL IN SELECTING, COMPILING, REPORTING, INTERPRETING OR DELIVERING ANY CONTENT ON THE SITE. IN NO EVENT WILL THE PM PARTIES, OR ANY OF THEM, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT OR SIMILAR DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF THE PM PARTIES, INDIVIDUALLY OR SEVERALLY, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED TO THIS SITE SHALL NOT EXCEED THE AMOUNT PAID TO NACE INTERNATIONAL BUSINESS SERVICES, LLC FOR THE USE OF THE SITE IN THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE THAT THE PM PARTIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. APPLICABLE LAWS MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION FOR CERTAIN DAMAGES, SO THESE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.

3. Intellectual Property:

All materials on this site ("Online Materials"), including, without limitation, names, logos, trademarks, service marks, images, articles, columns, graphics, photographs, illustrations, artwork, audio clips, video clips, software, and other elements making up the Service are protected by copyrights and other intellectual property rights owned and controlled by NACE International institute Business Services, LLC or by other parties that have licensed their material to NACE International Institute Business Services, LLC. Except as specifically provided herein, no Online Materials may be copied, reproduced, republished, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, without the prior written permission of their respective owners. You may not add, delete, distort, or otherwise modify the content on this site. Any unauthorized attempt to modify any Online Material, to defeat or circumvent NACE International Institute Business Services, LLC's security features, or to utilize this site for other than its intended purposes is prohibited. NIICAP, is trademarks of NACE International Institute Business Services, LLC. All other trademarks appearing on the Service are trademarks of their respective owners and our reference to them does not imply or indicate any approval or endorsement by their owners unless such approval or endorsement is expressly made. NACE International Institute Business Services, LLC will enforce its intellectual property rights to the fullest extent of the law.

4. Indemnification:

You agree to indemnify, defend and hold NACE International Institute Business Services, LLC harmless from any claims and expenses, including reasonable attorneys' fees, arising from or related to any breach by you of any terms of this Agreement.

5. Linking:

As a convenience, NACE International Institute Business Services, LLC hyperlinks to other Web sites "hyperlink" is a connection to another World Wide Web site address which has been placed on a World Wide Web page so that the user, by selecting the icon or text representing a hyperlink, causes the browser software to shift to a new World Wide Web address). These other Web sites are not under the control of NACE International Institute Business Services, LLC, and NACE International Institute Business Services, LLC is not liable or responsible for any content or other information transferred to your computer found or used at such Web sites.

6. Restrictions on Use:

You may not use the Service or its content for any illegal purpose or in any manner inconsistent with these Terms and Conditions. You agree to use the Service solely for your own noncommercial use and benefit and not for resale or other transfer or disposition to any other person or entity.

7. Access Outside the United States:

NACE International Institute Business Services, LLC does not represent that materials and content on the Service are appropriate or available for use in countries outside the United States. If you choose to use the Service from outside the United States you are solely responsible for compliance with foreign and local laws.

8. Severability:

If any provision of this Agreement is found invalid or unenforceable, the provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in force.

9. Entire Agreement:

This Agreement and any other terms and conditions of service on www.niicap.net constitute the entire agreement between you and NACE International Institute Business Services, LLC and govern your use of the Service.

10. Refusal or Discontinuance of Service:

NACE International Institute Business Services, LLC reserves the right to refuse or discontinue service to any user for non-compliance with these Terms and Conditions.

11. Choice of Law and Forum:

This Agreement will be governed by the laws of the State of Texas. Any dispute arising from the terms of this agreement or breach of this agreement will be governed by the laws of the State of Texas and you agree to personal jurisdiction by the state and federal courts sitting in Houston, Texas. The parties hereby expressly waive trial by jury in any action, proceeding or counterclaim brought by either of the parties against the other on any matters whatsoever arising out of or in any way connected with these Terms and Conditions.