Please read these terms and conditions carefully before using this site. By using this Web site, you signify your agreement to these terms. If you do not agree to these terms, please do not use this Web site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this Web site following the posting of changes to these terms constitutes your acceptance of those changes.
1. Trademark Notice
BoardSource products, programs, and services referenced throughout this site are federally registered trademarks of BoardSource in the United States of America. For current trademark information, contact the BoardSource Legal Department at 750 9th Street NW, Suite 650, Washington, DC 20001-4590.
2. Copyright Notice
Copyright 2019 by BoardSource 750 9th Street NW, Suite 650, Washington, DC 20001-4590, U.S.A. All Rights Reserved. Some materials delivered from this Web site may contain other proprietary notices and copyright information relating to those materials. BoardSource and/or its contributors own all photographs, information, materials and other content contained on this Web site. This Web site contains original works of authorship that are the proprietary property of BoardSource and/or its contributors, and which are protected under U.S. and international copyright laws. It is prohibited to copy, reproduce, modify, display, republish, upload, post, transmit, distribute, alter, prepare any derivative works of, or otherwise use any material from this Web site, including without limitation code, software, photographs, and images, without the prior express written consent of BoardSource.
As a general practice, BoardSource does not object to links made to its site from other sites. However, there are certain terms and conditions that should be followed.
A link to a BoardSource Web site is permissible using the plain text URL www.boardsource.org or the plain text name of BoardSource. Unless BoardSource enters into a specific written agreement with the party wishing to link, use of any of BoardSource names, logos, designs, images, photographs, slogans, product trademarks, or service marks in or with the party’s links is not permissible.
As a nonprofit organization, BoardSource is prohibited from endorsing the products, services, or viewpoints of any company or organization. Therefore, a link to the BoardSource Web site may not be presented in any way that suggests BoardSource has a relationship or affiliation with the party’s site or endorses, sponsors, or recommends the information, products, or services on that site. Without the prior express written permission for a particular use from BoardSource, no BoardSource name, logos, designs, images, photographs, slogans, product trademarks, or service marks should be used in any advertising, publicity, promotion, or in any other commercial manner.
Without express written permission for a particular use, no content from this Web site should be incorporated into the party’s site, e.g., by in-lining or framing. In addition, no BoardSource logos, designs, images, photographs, slogans, product trademark or service marks, or any other words or codes identifying BoardSource Web sites should be used in any META tag or other information used by search engines or other information location tools to identify and select sites.
4. Information Warranty
Disclaimer: All materials and related graphics provided by this Web site and any other materials that are referenced by or linked to this Web site are provided “as is” without warranty of any kind, either express or implied. To the maximum extent permitted by law, BoardSource hereby disclaims all warranties and conditions with regard to any materials provided by this Web site or any other materials that are referenced by or linked to this Web site, including but not limited to all implied warranties and conditions of merchantability, fitness for a particular purpose, and noninfringement.
BoardSource makes no representations about the suitability of the information delivered from this Web site or any other materials that are referenced by or linked to this Web site for any purpose. BoardSource does not warrant the accuracy, quality, reliability, content, or legality of any materials provided by this Web site or any other materials that are referenced by or linked to this Web site. BoardSource assumes no responsibility for errors or omissions in the materials provided by this Web site or any other materials that are referenced by or linked to this Web site.
BoardSource does not warrant that the functional aspects of this Web site will be error free or uninterrupted, that defects will be corrected, or that this Web site or the server that makes it available are free of viruses or other harmful components.
5. Limitation of Liability
In no event, including but not limited to negligence, shall BoardSource be liable under any theory of tort, contract, strict liability, or other legal or equitable theory for any special, indirect, incidental, consequential, exemplary, or punitive damages, or for damages of any kind arising out of or in connection with the use or performance of information contained in any materials provided by this Web site or in any other materials that are referenced by or linked to this Web site, even if BoardSource or an authorized representative of BoardSource has advised the user of the possibility of damages. In no event shall the cumulative liability to any party for any damages, losses, or causes of action, whether in contract, tort, or otherwise, arising out of or related to this Web site or to these terms, exceed the amount paid, if any, for accessing this Web site.
Information imparted by BoardSource is not legal advice nor should it be construed as such.
6. Content Posted by Third Parties
Any party who posts information to the BoardSource Web site and BoardSource Exchange agrees not to post any material that is bigoted, hateful, racially offensive, libelous, defamatory, obscene, pornographic, threatening, abusive, illegal, a violation of any copyright or trademark rights, invasive of privacy rights, or a violation of the rights of any party, and further agrees not to represent himself or herself as someone else. BoardSource does not permit any commercial postings, advertising or soliciting, posting of viruses, or off-theme postings.
BoardSource is under no obligation to monitor the information residing on or transmitted to this Web site; however, any party who posts information to this Web site agrees that BoardSource may take appropriate action in order to prevent the violation of the rights of BoardSource or of other parties, in order to comply with any law, regulation, or other governmental request, or in order to operate this Web site properly or to protect itself or others. BoardSource reserves the right to modify, reject, or eliminate any information residing on or transmitted to this Web site that, in its sole discretion, it believes is unacceptable or in violation of these terms and conditions. Any party who posts information to this Web site remains solely responsible for the content of their postings.
The use, distribution, or publication of any materials posted by third parties does not constitute or imply an endorsement of those materials or of any opinions or comments in those materials. BoardSource disclaims all responsibility for any bigoted, hateful, racially offensive, libelous, defamatory, obscene, pornographic, threatening, abusive, illegal, or copyright or trademark infringing material, or material that is invasive of privacy rights or a violation of the rights of any party, posted to this Web site or listserv by any third party.
Any party who posts information to any part of this Web site or listserv represents that it is the sole owner of all rights in materials posted by it (including all related copyrights) or that it has the absolute right to license their use as provided in this section. BoardSource shall have no duty to attribute authorship of the posting to the posting party. BoardSource shall not be obligated to enforce any form of attribution by third parties. By submitting messages, information and material to any public area of this site or its associated listserv, you are granting BoardSource a perpetual royalty-free license to reproduce, edit, modify, publish, transmit and display, transmit, create derivative works from, distribute or perform it in whole or in part, or incorporate it in any form, medium, or technology now known or later developed. BoardSource may sublicense all of its rights and licenses or assign them to third parties.
The long-standing policy of BoardSource does not allow it to accept or consider creative ideas, suggestions, or materials other than those specifically requested. It is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by BoardSource’s professional staff might seem to others to be similar to their own creative work. BoardSource requests that parties not submit any unsolicited original materials such as stories or ideas, screenplays, or original artwork, or any other creative ideas, suggestions, or materials (unless specifically requested by BoardSource).
If, at the request of BoardSource, a party sends certain specific submissions or, despite the request of BoardSource, a party sends any creative ideas, suggestions, or materials, including, but not limited to, notes, drawings, concepts, comments, questions or answers, techniques, know-how, or other information, these submissions are, and will be treated as, nonconfidential and nonproprietary. BoardSource will not be liable for any use or disclosure of any submissions.
Neither BoardSource nor any third party using the submission in accordance with this section will be obligated to pay the posting party any royalties or other compensation for use of the submission. BoardSource shall have no duty to attribute authorship of the submission to the submitting party. BoardSource shall not be obligated to enforce any form of attribution by third parties.
8. Waiver of Jury Trial; Dispute Resolution
By accessing this website or purchasing BoardSource products or services, you hereby waive all rights to trial by jury in any claim, action, proceeding or counterclaim or in any matters arising out of or in any way connected with your access of this information or use of BoardSource products or services.
No civil action with respect to any dispute, claim or controversy arising out of or relating to your access of this website or your usage of BoardSource’s products and services may be commenced until the following has occurred:
(a)You will attempt in good faith with BoardSource to resolve through negotiation any dispute, claim or controversy arising out of or relating to this Agreement. You may initiate negotiations by providing notice to BoardSource, setting forth the subject of the dispute and the relief requested. Within ten business days of the receipt of such notice, representatives of each party will meet at a mutually agreeable time to attempt to resolve the dispute. If the dispute is not resolved by negotiation within ten business days after the commencement thereof, the matter will be submitted to such neutral third party mediator as may be agreed upon by the parties, provided, however, that if the parties cannot agree upon a neutral third-party mediator within 15 days after the conclusion of negotiations, then the parties agree to refer the matter to JAMS Washington, D.C. (c/o 555 13th Street, NW, Washington, D.C., 20004) or its successor, for non-binding mediation, which will be conducted in Washington, D.C.
(b)If settlement of the dispute has not been resolved by negotiation, either party may commence mediation by providing to the neutral third-party mediator and the other party a written request for mediation, setting forth the subject of the dispute and the relief requested. The parties will cooperate with the neutral third-party mediator and with one another in selecting a mediator, and in scheduling the mediation proceedings. The parties covenant that they will participate in the mediation in good faith, and that they will share equally in its costs. All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the neutral third-party mediator, are confidential, privileged and inadmissible for any purpose, including impeachment, in any litigation or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation.
(c)Either party may seek equitable relief prior to the mediation to preserve the status quo pending the completion of that process. Except for such an action to obtain equitable relief, neither party may commence a civil action with respect to the matters submitted to mediation until after the completion of the initial mediation session, or 45 days after the date of filing the written request for mediation, whichever occurs first. Mediation may continue after the commencement of a civil action, if the parties so desire. The provisions of this clause (c) may be enforced by any Court of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all reasonable costs, fees and expenses, including reasonable attorney’s fees, to be paid by the party against whom enforcement is ordered. It is understood by both parties that mediation shall be non-binding and if the dispute is not resolved by mediation, then, subject to the provisions of this clause (c), either party may thereafter commence the appropriate civil action.
Any party who has an account with BoardSource is entirely responsible for maintaining the confidentiality of their password and account and for all activities that occur under their account. BoardSource will not be responsible for any damages suffered by any party as a result of any instructions received from the party’s e-mail account using the party’s password. Any party who uses this Web site hereby indemnifies, defends, and holds BoardSource and its affiliates, officers, directors, agents, information providers, licensors, and licensees harmless from and against any and all claims, actions, liabilities, losses, damages, costs, or expenses (including reasonable attorneys fees), whether direct or indirect, by contract, in tort, by operation of law, or otherwise, incurred by or asserted or awarded against BoardSource or its affiliates, officers, directors, agents, information providers, licensors, and licensees in connection with any claim arising out of any breach by any party of these terms and conditions or claims arising from the account of any party, including, but not limited to, the use of the party’s e-mail account and password by any individual. All parties shall use their best efforts to cooperate with BoardSource in the defense of any claim. BoardSource reserves the right, at BoardSource’s own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by any party.
If any part of these terms is held to be unenforceable, the unenforceable part shall be construed in accordance with applicable law to the greatest extent possible and the remainder of the provisions shall remain in full force and effect. The failure of BoardSource to exercise or enforce any right or provision contained herein shall not constitute a waiver of that right or provision.
11. General Notice
BoardSource may give notice by means of a general notice on any BoardSource Web site, electronic mail to a party’s e-mail address on our records, or by written communication sent by first class mail to a party’s address on BoardSource’s records.
12. Notice and Procedure for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512 (c)(2), notifications of claimed copyright infringement should be sent to BoardSource’s Designated Agent.
Notification must be submitted to the following Designated Agent:
- Name of Agent Designated To Receive Notification of Claimed Infringement: Vice President of Marketing and Sales
- Full Address of Designated Agent to Which Notification Should Be Sent: Legal Department, BoardSource,750 9th Street NW, Suite 650, Washington, DC 20001-4590
- Telephone Number of Designated Agent: 202-349-2500
- Facsimile Number of Designated Agent: 202-349-2599
- E-mail Address of Designated Agent: Anne.Wallestad@BoardSource.org
To be effective, the notification must be a written communication that includes the following:
- A physical or electronic signature of a person authorized to act on behalf of an owner of an exclusive right that is allegedly infringed;
- 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;
- 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 BoardSource to locate the material;
- Information reasonably sufficient to permit BoardSource 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;
- 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;
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
13. Applicable Law
This site is created and controlled by BoardSource in the District of Columbia. As such, the laws of the District of Columbia will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws. User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the District of Columbia and of the United States of America located in the District of Columbia for any litigation arising out of or relating to use of or purchase made through BoardSource (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the District of Columbia courts and agrees not to plead or claim in any District of Columbia Court that such litigation brought therein has been brought in an inconvenient forum. Any action at law or in equity arising out of or relating to this Web site or these terms shall be filed only in the state or federal courts in and the District of Columbia. BoardSource makes no representation that the content of this Web site is available or appropriate for use in other locations. Any party who uses this Web site from other locations is responsible for compliance with applicable local laws.
If you have questions regarding this policy, please search this site’s help section or contact BoardSource. You can also use this address to bring any concerns you might have to our attention.
Due to the evolving technologies on the Internet, we may update this policy. All revisions will be posted to this site.
ADDITIONAL TERMS AND CONDITIONS FOR BOARDSOURCE PRODUCTS AND SERVICES
Board Support Program
The program and all benefits associated with the program will expire one year from the date of purchase. No refund will be provided for any unused benefits.
BoardSource Leadership Forum
By registering to attend the BoardSource Leadership Forum you consent to your voice, name, and/or likeness being used, without compensation, in photos or video for exploitation in any and all media, whether now known or hereafter devised, for eternity, and you release BoardSource, its successors, assigns and licensees from any liability whatsoever of any nature. If you do not wish to be subject to the foregoing, you should not attend the BoardSource Leadership Forum.