Last Updated: March 2016
1. INFORMATION WE COLLECT.
- Technical information gathered automatically. You can generally browse parts of our Website without telling us who you are or revealing any PII. However, the Website hosting company collects aggregate or anonymous information from you when you use our Website. This information may include data such as your browser type, your ISP or operating system, the URL of previous websites you visited, and your Internet Protocol (IP) address.
- Personal information you provide to us. However, in certain sections of the Website, you may have the opportunity to register for an online account; apply for an NCARB Record; renew your Record; request that your Record be transmitted to registration boards; review your Record summary report (for applicants in initial Record compilation stages); submit information about work experience, employers, supervisors, work performance, and supplementary information through the electronic Employment Verification System; review your AXP Periodic Assessment Reports; check your Record status and expiration date; and order publications and other services and products offered by NCARB. Many of these activities require you to provide personal information about yourself to NCARB. We may also collect personal information that you provide in the material you post to our Website or include in your correspondence with us. Please note that we may supplement the information you provide to us with data we receive from third parties, such as schools, employers, Member Boards, or address verification services.
2. USE OF INFORMATION. Parts of the Website are informational in nature and publicly available to all users. Consequently, until you participate in surveys, blogs, forums, programs, or events; register; log in to an account; or request information from NCARB, you are able to browse the Website without providing any PII, although your browser may tell us what type of computer and operating system you are using, as well as other kinds of technical information. Below, NCARB sets forth in more detail how we use your PII.
- Personal and Contact Information: We may use your personal information for any of the following reasons: creating an online account for you on our Website; verifying your identity when you use certain areas or features of our Website; internal record keeping; completing your online order and sending or providing you with the products or services you requested; sharing with third party service providers who may provide services to our Users or perform other services on our behalf (e.g. to process payments or ship products you may have ordered); improving our Website’s content; general administration; providing customer support; targeting our Website content to your preferences; periodically sending promotional information regarding new products, programs, services, special offers, or other information that we think you might find of interest from NCARB; contacting you via e-mail, telephone, facsimile, or mail to deliver certain services or information you have requested; or more effectively facilitating the promotion of goods and services to appropriate target audiences based on your demographic information (i.e., age, postal code, city or state, Record holder status, and other similar information). NCARB endeavors at all times to maintain a Candidate’s (an applicant pursuing a license to become an architect by taking the Architect Registration Examination®), or Record holder’s personal information as confidential. Candidate scores are held in confidence, available only to the Candidate and to persons or organizations authorized by a Candidate. We may now or in the future allow access to Candidate scores online. Candidates must consent to have their scores made available to authorized third parties.
- Demographic Information: NCARB may share demographic data on an aggregated basis, which will not identify any particular user, with NCARB's members, partners, and affiliates for advertising or other technical or business purposes We may share demographic data on an aggregated basis, which does not personally identify you, with our members, affiliates, agents, and partners for various administrative and research purposes and for advertising or other technical or business purposes.
- Survey Results: NCARB may share survey results collected through the Website with its business partners, members, and affiliates and/or the general public, the news media, and with the U.S. federal and state governments, not only for business or marketing purposes or as may be required by law, but also to participate in government programs and initiatives.
- Technical Information: NCARB will use this information to facilitate educational opportunities, participation, or otherwise allow access to or use of certain information, tools, or features and for improving the Website’s performance, usability, and design. NCARB may also use technical information to help diagnose problems with NCARB’s servers, analyze Website usage trends, track user movements on the Website, and otherwise manage and monitor the Website.
- Legal Action: We may also disclose PII to law enforcement or a government agency in response to a search warrant, subpoena, or other legally valid inquiry or order, or to an investigative body when required or permitted by law. We may also disclose your personal information where necessary for the establishment, exercise, or defense of legal claims; to protect our interests or preserve our rights; to protect the safety, rights, or property of NCARB’s users; or as otherwise permitted or required by law.
5. COLLECTION OF INFORMATION BY THIRD PARTY WEBSITES. We sometimes may offer content (e.g., promotions) that is sponsored by or co-branded with an identified third party. In these instances, the third party may obtain information that you voluntarily submit to participate in a site activity. We have no control over the third party’s use of this information. The Website will notify you at the time of information collection if a third party will obtain such information.
6. YOUR CHOICES. We may use the PII we collect from you to provide requested information or materials or to offer you products and services that may be of interest to you. You can review, correct, and delete some of your personal information (such as your contact information) by logging into the Website and navigating to your preferences page in your NCARB Record (if applicable). You may opt-out of receiving commercial e-mails from us by clicking on the “unsubscribe” link in every promotional e-mail we send. You may contact us by phone at 202/879-0520, email at email@example.com or by mail at the following address to request that your personal information be updated, corrected, or deleted: NCARB, Attn: Customer Service, 1801 K Street, NW, Suite 700K, Washington, DC 20006.
7. SECURITY. NCARB uses commercially reasonable procedural and technological security measures which are reasonably designed to help protect your personal information from unauthorized access or disclosure. Please be aware, however, that no method of data transmission over the Internet or method of electronic data storage is 100% secure. Therefore, we do not promise and cannot guarantee (and thus you should not expect) the absolute security, integrity, and privacy of any or all information exchanged between you and us through the Website. We make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to or use of your PII.
8. CALIFORNIA PRIVACY RIGHTS California Civil Code Section 1798.83 permits users of the Website who are California residents to request certain information regarding our disclosure of personal information to third parties for such third parties’ direct marketing purposes. To make such a request, please write to us at the address below.
Effective Date: March 2016
- LICENSE GRANT. This Website is provided by NCARB, and these Terms provide to you (identified herein as "you" or a "User" or with “your”) a personal, revocable, limited, non-exclusive, royalty-free, nontransferable, and nonsublicenseable license to use this Website conditioned on your continued compliance with these Terms. Additionally, these Terms provide to you a personal, revocable, limited, non-exclusive, nonsublicenseable license to post a link to the Website from your personal web page or social media page. Unless otherwise prohibited, you may print and download materials and information from this Website solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information and that you do not distribute or disclose such materials and information. These Terms only provide a license and not an assignment or sale. Accordingly, you expressly acknowledge and agree that NCARB transfers no ownership or intellectual property interest or title in and to this Website to you or anyone else.
- RESTRICTIONS. Notwithstanding the foregoing, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein this Website. Moreover, you may not (i) use any "deep link," "page scrape," "robot," "spider," or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of this Site or in any way reproduce or circumvent the navigational structure or presentation of this Website to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through this Website; (ii) attempt to gain unauthorized access to any portion or feature of this Website or any system(s) or network(s) connected to this Website or to any NCARB server(s) or to any of the services offered on or through this Website, by hacking, password "mining," or any other illegitimate means; (iii) probe, scan, or test the vulnerability of this Website or any network connected to this Site; (iv) breach the security or authentication measures on or for this Website or any network(s) connected to this Website; (v) reverse look-up, trace, or seek to trace any information on any other user of or visitor to this Website; (vi) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of this Website or NCARB's system(s) or network(s), or any system(s) or network(s) connected to this Website; (vii) use any device, software, or routine to interfere with the proper working of this Website or any transaction conducted on this Website, or with any other person's use of this Website; (viii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to NCARB on or through this Website; (ix) use this Website to harvest or collect email addresses or other personally identifiable information; or (x) use this Website in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact NCARB. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY INFORMATION OR MATERIALS PROVIDED BY NCARB TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
- USER OBLIGATIONS & YOUR ACCOUNT. By installing, accessing, or using this Website in order to view NCARB’s information and materials or enter into a transaction through this Website, you represent that you are at least eighteen (18) years of age (or the legal age of majority; whichever is greater) and any information you post or provide to NCARB by means of this Website, including, without limitation, as part of any registration, application, or inquiry, is true, current, complete, accurate, not misleading, and offered in good faith. If you provide any false, inaccurate, untrue, or incomplete information, NCARB reserves the right to terminate immediately your access and use of this Website. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of this Website. You also acknowledge and agree that use of the Internet and this Website is solely at your own risk. While NCARB has endeavored in each instance to create a secure and reliable Website, you should understand that the confidentiality of any communication or material transmitted to/from this Website over the Internet or other global communication network cannot be guaranteed. Accordingly, NCARB is not responsible for the security of any information transmitted via the Internet or other global communication network.
- USER NAME HANDLING POLICY. Registration for access to certain areas of this Website may require both a user name and a password or adherence to other particular access requirements as designated by NCARB. Only one person can use one user name and password and, thus, one account. Limiting access helps avoid unauthorized usage by other persons, institutions, or entities because anyone with knowledge of both your user name and password can gain entry to the restricted portions of this Website and to your account. Accordingly, you agree to consider your user name and password as confidential information and to keep your user name and password confidential. In addition, you are solely responsible for the activity that occurs on your account, and you must keep your account password confidential and secure. You must notify NCARB as soon as possible if you become aware of any breach of security or unauthorized use of your account. NCARB will not be liable for any loss or damage arising from your failure to comply with these obligations.
- INTELLECTUAL PROPERTY RIGHTS. Content on this Website that is provided by NCARB or its licensors, including original art work, graphics, photographs, images, screen shots, text, audio, digitally downloadable files, video clips, trademarks, computer code (including html code), logos, products, software, information, documentation, character names, slogans, as well as the design, structure, selection, coordination, expression, "look and feel," and arrangement of any content contained on or available through this Website ("NCARB Content") is the property of NCARB and/or its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws as well as other state, national, and international laws and regulations. Except as expressly provided herein, NCARB does not grant any express or implied right to you or any other person under any intellectual or proprietary rights. Unless otherwise specified herein, the Website is Copyright © 2009-2017. The National Council of Architectural Registration Boards, 1801 K Street, NW, Suite 700K, Washington, D.C. 20006 U.S.A. All rights reserved. NCARB also owns a copyright in the contents of this Website as a collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of this Website. NCARB Trademarks “ARE” and the “Architect Registration Examination” are registered trademarks or service marks of the National Council of Architectural Registration Boards. You shall not remove any legal notices, credits, or any additional information contained along with the notices and credits posted on our Website. Our Website may contain references to trademarks, copyrighted materials, technologies, products, processes and software, and other proprietary rights of NCARB or other parties, and any use of such trademarks, copyrighted materials, technologies, products, processes, and software without the express written permission of NCARB is strictly prohibited.
- OTHER TERMS AND CONDITIONS. Additional notices, terms, and conditions may apply to membership, participation in a program or exam, payment for a program, service, or event, or subscription to a service or solution. You agree to abide by such other notices, terms, and conditions, as applicable. If there is a conflict between these Terms and other notices, terms, and conditions posted to the Website, NCARB shall resolve any conflict in good faith in its sole discretion, but the latter terms shall generally control with respect to such membership, donation, payment, subscription, or participation in or use of such program, service, event, or solution.
- MOBILE SERVICES. The Website may offer certain tools or online functionality that are available to you via your mobile phone or other mobile device (collectively, “Mobile Services”). Please note that your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile device(s), what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you. Nevertheless, all use of this Site and its Mobile Services shall be in accordance with these Terms.
- USER CONTENT. The Website may now or in the future permit the submission of text, files, images, photos, video, sounds, musical works, works of authorship, text postings, and other materials and content ("User Content") by you and other users on public or shared areas of our Website. Please note that User Content does not include information you provide through online forms for purposes of establishing an NCARB Record, to request additional information, or to sign up for any products or services we offer. It also does not include evaluations, supervisor ratings, or other data about Record holders that may be made available online to authorized individuals. You understand and acknowledge that any User Content you make available online in any manner and for any reason will not be treated as confidential or proprietary and may be preserved or disclosed by NCARB at NCARB’s discretion. You shall be solely responsible for any User Content you submit and the consequences of posting or publishing it. With respect to any User Content you submit, you affirm, represent and warrant that: (i) you own or have the necessary licenses, rights, consents, or permissions to use and authorize NCARB to use all patent, copyright, trade secret, trademark rights, or other proprietary rights to enable inclusion and use of User Content in the manner contemplated by the Website and these Terms; (ii) you have all necessary rights and/or permission to post the User Content and to grant the license to the User Content set forth herein; and (iii) the User Content does not infringe, misappropriate, or violate the intellectual property rights of any third party.
- LICENSE TO USER CONTENT. By submitting User Content to NCARB, you automatically grant to NCARB a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, edit, modify, translate, reformat, prepare derivative works based upon, display publicly, perform publicly, and otherwise exploit (including but not limited to over the Internet, broadcast television, or any other uses or media), the User Content, in whole or in part, including future rights that NCARB (or its successor) may otherwise become entitled to that do not yet exist, as well as new uses, media, means, and forms of exploitation throughout the universe exploiting current or future technology yet to be developed to the maximum extent permitted by applicable law. You also hereby grant each user of the Website a non-exclusive license to access your User Content through the Website, and to use, access, reproduce, distribute, transmit, forward, display, and perform such User Content, in whole or in part, to the extent permitted by the Web Site under these Terms (the "User License"). This User License granted by you will terminate as to your removable User Content once the particular User Content is removed or deleted from the Website. Not all User Content you may post or information about your trading activity on the Website can be removed by users, so please keep this in mind when accessing our Website. You also hereby agree that NCARB has no control over the extent to which any User Content may be used, modified, and/or distributed by any party or person once such content is posted, displayed, submitted, and/or uploaded on the Website. In addition, NCARB will have the right to refuse, remove, or delete any User Content which it reasonably considers to violate these Terms or to otherwise be illegal or objectionable. NCARB assumes no responsibility for the deletion of or failure to store any User Content.
- NCARB POSTING RULES / ACCEPTABLE USE POLICY. Your posting of User Content is subject to these Terms, any additional terms posted for a specific feature, as well as the following submission rules ("Posting Rules"), to which you agree to adhere through your use of the Website:
- By contributing this content you are affirming that you are at least eighteen (18) years old and are fully able and competent to enter into and comply with these Terms.
- You agree not to post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent, or otherwise objectionable or inappropriate as determined by NCARB.
- You will not post any User Content that contains personal information about any other individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential. You agree that you will not impersonate any person or organization, including—without limitation—the personnel of NCARB.
- You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content or other content transmitted through the Website.
- You will not misrepresent an affiliation with another person or organization, nor will you post any content that that infringes any copyright, trademark, patent, trade secret, or otherwise subject to intellectual property rights of a third party.
- You will not use this Website to harm minors in any way or to send any content that we deem in our sole discretion to be inappropriate for minors, offensive, or incompatible with the character or subject matter of this Website.
- You will not upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other material that contains business solicitations of any type, including advertising a product or service or offering a product or service for sale.
- You will not post any software to the Website, nor will you post links to online locations or post files that do not comply with these Terms, and you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation or features of the Website.
- You will not modify in any way any specifications, technology, software or application codes provided to you by NCARB or as embedded in the User Content unless expressly authorized in writing by NCARB.
- You will not intentionally or unintentionally violate any applicable local, state, national, or international law.
- You will not collect any personal information on the Website about other Website users.
- You will not share or transfer passwords or other access information with any other party, temporarily or permanently.
- You will not use the Website or any NCARB Content in any way that harms any user of the NCARB Website.
- You will not use the Website in any manner that could overburden or impair the Website (or the networks or systems connected to the Website).
- You may not use any device, software or instrumentality to interfere with the proper working of our Website or disobey any requirements, procedures, policies or regulations of networks connected to the Website.
NCARB may cancel your account and delete User Content associated with your account at any time without notice, if NCARB deems in its sole discretion that you have violated these Terms, the Posting Rules, the law, or for any other reason. NCARB assumes no liability for any information removed from our Website and reserves the right to permanently restrict access to the Website or a user account. You understand that NCARB has no responsibility to monitor any materials posted, transmitted, or communicated to or within the Website. If you believe that something on the Website violates these Terms, please email firstname.lastname@example.org.
- COPYRIGHT INFRINGMENT AND TAKE DOWN PROCEDURES. NCARB respects the intellectual property of others, and we expect our users to do the same. It is our policy, in appropriate circumstances, to respond to a notice of alleged infringement that complies with U.S. Copyright Law, and in particular, the Digital Millennium Copyright Act. Responses may include removing or disabling access to content or material claimed to be the subject of infringing activity and/or terminating the right to access and use the Website. But, you acknowledge that you may be liable for damages, including attorneys' fees and costs, if you materially misrepresent that a work or activity is infringing your rights. If you are a copyright owner or an agent thereof and have a good faith belief that any User Content or other NCARB Content infringes upon your copyrights, please send a notice to NCARB’s designated agent as specified below along with the following information:
- (a) A physical or electronic signature of a person authorized to act on behalf of the owner of a copyright that is allegedly infringed;
- (b) 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 at that site;
- (c) 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 us to locate the material;
- (d) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
- (e) A statement that you have 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; and
- (f) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Counter notification, as permitted by applicable law and, in particular, the Digital Millennium Copyright Act, may be sent to the NCARB’s Designated Agent. All counter notifications must include responsive information to what is set forth above including any required statements or signatures. You acknowledge that if you fail to comply with substantially all of the above requirements of this Section we may not be able to remove the alleged infringing content. NCARB will terminate accounts that have been the subject of three (3) separate DMCA notices. In the event materials are removed due to a DMCA notice and then subsequently restored due to the filing of a DMCA counter-notification, NCARB will treat the underlying DMCA notice as withdrawn.
- SECURITY & ENFORCEMENT. NCARB wishes to maintain the Website as a helpful resource for all of its users. NCARB reserves the right to view, monitor, and/or record activity on the Website (in accordance with applicable law) and to comply with government or court appointed authorities when necessary. You shall not violate or attempt to violate the security of the Website. Actual or attempted violations of system or network security may result in civil and/or criminal liability including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. NCARB reserves the right to investigate occurrences which may involve such violations and may involve and cooperate actively with law enforcement authorities in prosecuting users who have participated in such violations. You shall therefore not, nor shall you permit any third party to, disable, circumvent, or otherwise avoid any security device, mechanism, protocol, or procedure established by NCARB for use of or with the Website. Moreover, you also acknowledge that any breach, threatened or actual, of these Terms by you may cause irreparable injury to NCARB and/or its licensors, such injury would not be quantifiable in monetary damages, and NCARB and/or its licensors would not have an adequate remedy at law. You therefore agree that NCARB and/or its licensors (or on their behalf) shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of these Terms. Accordingly, you hereby waive any requirement that NCARB or its licensors post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to NCARB to enforce any provision of these Terms.
- LINKS TO OTHER SITES AND CONTENT. NCARB may in its sole discretion provide on the Website links to certain websites or online social networks (or pages) owned and controlled by third parties (collectively, “Third Party Sites”). These Third Party Sites have not necessarily been reviewed by NCARB and are owned, controlled, and/or maintained solely by third parties over whom NCARB exercises no control. Accordingly, NCARB hereby expressly disclaims and shall not have any liability or responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on Third Party Sites accessible through links on the Website. Moreover, the Third Party Sites do not imply an endorsement with respect to any third party, any content, any website, network, or page, or the products or services provided by any third party.
- FEEDBACK. NCARB welcomes your feedback and suggestions about NCARB’s products or services or with respect to how to improve the Website. But, by transmitting any feedback or suggestions and any related information, material, or other content (collectively, “Feedback”) to NCARB, you represent and warrant that such Feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey such Feedback to NCARB. In addition, any Feedback received by NCARB will be deemed to include from you a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for NCARB to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such Feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such information, material, or content, and you hereby waive any claim to the contrary. Note that this section does not apply to secure private communications you may have with NCARB regarding your Record. Unless otherwise noted, NCARB will strive to maintain the security and confidentiality of your Record.
- INDEMNITY. You agree to indemnify and hold NCARB and its agents and licensors harmless from any claim or demand, including costs or attorneys’ fees, made by any third party due to or arising out of your use of this Website, including with respect to any information you submit, post to or transmit through the Website, your violation of these Terms, or your violation of any rights of another person or entity.
- WARRANTY DISCLAIMER. YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. NCARB MAKES NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATION CONTENT, OR SYSTEM INTEGRATION. NCARB DOES NOT WARRANT THAT THE WEBSITE WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED.
- LIMITATION OF LIABILITY. You acknowledge and agree that NCARB shall not be liable or responsible for any claim, damage, or loss resulting from a cause beyond NCARB’s control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions. MOREOVER, UNDER NO CIRCUMSTANCES SHALL NCARB BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, CONSEQUENTIAL DAMAGES, COSTS, OR ATTORNEY’S FEES INCLUDING, WITHOUT LIMITATION, FOR LOST PROFITS, FOR LOST DATA, ARISING OUT OF OR RELATING TO THESE TERMS, USE OF OR THE OPERATION OF THE SITE WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ZUMBA HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. WITHOUT LIMITATION OF THE FOREGOING, THE TOTAL LIABILITY OF NCARB FOR ANY REASON WHATSOEVER RELATED TO USE OF THE WEB SITE, RESULTS FROM USE OF THE WEB SITE, OR ANY OTHER CLAIMS RELATING TO THESE TERMS SHALL NOT EXCEED THE AMOUNT THAT YOU PAID TO NCARB FOR USE OF THE WEBSITE, OR $250, WHICHEVER IS LESS.
- TERM AND TERMINATION. These Terms will take effect each and every time that you access and/or use the Website. These Terms will terminate automatically (i) if you fail to fully comply with all of its terms and conditions; or (ii) when you cease all use of the Website in connection with each separate visit. Termination will be effective without notice to you. In addition, NCARB may in its sole discretion terminate these Terms upon notice to you for any or no reason. Upon termination of these Terms, your right to access and use the Website will immediately cease and you must promptly delete and/or destroy all tangible embodiments of the Website in your possession or control. The provisions concerning NCARB's proprietary rights, User Content, Feedback, indemnity, disclaimers of warranty and limitation of liability, and the miscellaneous terms will survive the termination of these Terms for any reason.