1. Acceptance of Terms: NCBFAA provides this Database to you free of charge, subject to the following Terms. Said Terms may be updated by NCBFAA from time to time without notice to you. You can review the most current version of the Terms at www.veteranstotrade.com. In addition, when using this Database, you shall be subject to any posted or un-posted guidelines or rules applicable to such Database which may develop from time to time. All such guidelines are hereby incorporated by reference into the Terms.
2. License. All candidate information (including but not limited to, name, certifications, and personal information (“Candidate Information”) will be treated as non-confidential and non-proprietary. Once a veteran is certified by the NCBFAA Educational Institute (a “Candidate”) he or she will have the option to be added to the Database. If a Candidate decides to post his or her Candidate Information, he or she hereby grants NCBFAA the unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, royalty-free right and license to host, use, copy, distribute, reproduce, disclose, display, publish, edit, reformat, archive, store, or cache, all or any portion of the Candidate Information for the purpose of providing the Database, in any and all formats; on or through any and all media, software, formula, network or medium now known or hereafter known; and with any technology or devices now known or hereafter developed.
3. Description of Service: The Database is an internet-based database owned and operated by NCBFAA that provides information on Candidates to industry employers. The Database acts as a passive conduit for the online listing of Candidate Information and NCBFAA has no obligation to screen Candidate Information or employer communications or information and is not responsible for screening or monitoring Candidate Information or other material posted by Candidates or employers. You understand and agree that the Database is provided "AS-IS" and that NCBFAA assumes no responsibility for the deletion, typos, or misdelivery of any user information. NCBFAA does not perform any type of background check on Candidates or employers. NCBFAA makes no representations regarding the Candidates, employers and/or other third parties that use the Database.
4. General Use Rules for Acceptable Web Site Use: The Database is intended for Candidates seeking employment and for employers seeking Candidates for employment. You may use the Database only for lawful purposes within the stated context of the NCBFAA's intended and acceptable use of the Database. NCBFAA is the sole interpreter of the Database’s intended and acceptable use.
5. Other Specific Rules for Acceptable Web Site Use: You represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Database for any purpose or in any manner that is prohibited by these Terms or by applicable law. It is your responsibility to ensure that your use of the Database complies with these Terms.
6. Rules for Posting, Conduct and Security: You agree to comply with NCBFAA's rules for posting and conduct on the Database. NCBFAA is the sole interpreter of these rules. Users who violate these rules may have their access and use of the Database suspended or terminated, at NCBFAA's discretion. NCBFAA reserves the right to change these rules in accordance with the amendment policy in the Terms. Said rules on posting and conduct are as follows:
6.1. General: NCBFAA’s contact information is listed on the Database. NCBFAA makes no claims that the content is appropriate or may be downloaded outside of the United States. Access to the content may not be legal by certain persons or in certain countries, and such persons have no right to access or use the Database. If you access the Database from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, as set by these Terms, the invalidity of all or part of a provision shall not affect the validity of the remaining parts and provisions of these Terms, which shall remain in full force and effect. All provisions of these Terms shall survive termination except those granting access or use to the Database, and you shall cease all your use and access thereof immediately. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.
6.2. Database Rules:
A. Candidate Information may not contain any false, inaccurate or misleading information.
B. NCBFAA will take reasonable care to insure the quality of the Database, however it is under no obligation to monitor Candidate Information or other posted materials. NCBFAA may monitor posted materials at random.
Candidate Information found to violate the above rules may be removed at NCBFAA’s discretion.
6.3. Conduct Rules:
A. You may not respond to Candidate’s posting in any manner or for any purpose other than that which is expected (i.e., to initiate discussion with the Candidate regarding employment of Candidate). Communications soliciting a Candidate are prohibited.
B. You may not send unsolicited commercial e-mail to Candidates.
C. You may not use the Database for any purpose other than as a Candidate seeking an employer or an employer seeking a Candidate for employment.
D. Candidates may not post or submit any incomplete, false, or inaccurate biographical information or information that is not their own.
E. You may not copy, duplicate, aggregate in any manner any of the Candidate Information or other information available from the Database, without the express written consent of NCBFAA.
If at any time NCBFAA determines that you misled NCBFAA of your business practices and/or services, NCBFAA reserves the right to terminate your use privileges immediately.
NCBFAA is under no obligation to monitor the conduct of its users, but it may investigate and respond when violations are reported. Report inappropriate postings or conduct to: email@example.com. Violation of these rules may result in civil or criminal liability. NCBFAA will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
7. Intellectual Property Rights: The Database and all right, title and interest in and to the Databases is the sole property of NCBFAA, and is protected by U.S. copyright and international treaties. You may not reproduce, modify, display, sell, or distribute the content, or use it in any other way for public or commercial purpose. This includes copying or adapting the NCBFAA or NEI design logos and certain other names, logos, service marks and/or trademarks of NCBFAA.
8. Limitation of NCBFAA's Liability: NCBFAA is not to be considered an employer, a headhunter, a staffing agency or similar entity with respect to the use of the Database. Accordingly, NCBFAA shall not be responsible for any employment decisions, for whatever reason made by any potential employer using the Database. NCBFAA is not responsible for the actual interactions or negotiations between potential employers and Candidates, nor for confirming or controlling the quality, accuracy or legality of information provided by users of the Database. NCBFAA assumes no responsibility for Candidate Information or materials posted on the Database by a user and no responsibility for the activities, omissions or other conduct of a user.
Because Database user authentication on the internet is difficult, NCBFAA cannot and does not confirm that each user is who they claim to be. Because NCBFAA does not and cannot be involved in Candidate-to-employer dealings or control the behavior of Database users, in the event you have a dispute with one or more users, you release NCBFAA and its agents and employees from any claims, demands, and damages (actual, consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed arising out of or in any way connected with such dispute.
Candidates acknowledge and agree that they are solely responsible for the form, content and accuracy of any resume or Candidate Information placed by them on the Database. NCBFAA CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF THE DATABASE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY A CANDIDATE OR EMPLOYER FROM NCBFAA SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
9. Disclaimer of Endorsements: Nothing on the Database shall be considered an endorsement, representation or warranty with respect to any Candidate, employer, user or third party, whether in regards to its experience, employment practices, or otherwise.
10. Disclaimer of Guaranty of Results: NCBFAA is not an employment agency nor a recruiting firm, and makes no representations or guarantees regarding the effectiveness or timeliness of the Database in meeting the employment objectives of users. NCBFAA does not guarantee that listing Candidate Information on the Database will result in Candidates being hired or positions being filled, and is not responsible for any employment decisions, for whatever reason made, made by any user. NCBFAA does not guarantee employment for any Candidate.
11. Disclaimer Errors and Accuracy of Candidate Information and other Materials Posted to the Database: NCBFAA makes no representations or guarantees regarding the truthfulness, accuracy, completeness, timeliness or reliability of any Candidate Information or materials posted by users, or of any other form of communication engaged in by users. Candidate Information and materials may contain inaccuracies or typographical errors. You agree that any reliance on materials posted by users, or on any other form of communication with users, will be at your own risk. Further, NCBFAA makes no representations or guarantees regarding the content of the Database, including, but not limited to, broken links, inaccuracies or typographical errors.
12. WARRANTY DISCLAIMERS: THIS DATABASE IS PROVIDED ON AN "AS-IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. NCBFAA, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. NCBFAA MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE DATABASE. WITHOUT LIMITATION TO THE FOREGOING NCBFAA DOES NOT WARRANT THAT THE DATABASE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE DATABASE RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NCBFAA IS NOT RESPONSIBLE FOR THOSE COSTS ASSOCIATED WITH SUCH REPLACEMENTS. IF YOU ARE DISSATISFIED WITH THE DATABASE OR ANY CONTENT OR FUNCTION THEREOF, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE DATABASE.
13. ALLOCATIONS OF LIABILITY, EQUITABLE RELIEF AND DAMAGE LIMITATIONS: YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE DATABASE, AND THE CANDIDATE INFORMATION AND MATERIALS YOU POST OR ACCESS AND FOR YOUR CONDUCT ON AND OFF THE DATABASE. IN NO EVENT SHALL NCBFAA (OR ANY OF ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY DAMAGES, DIRECT OR NON-DIRECT, WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY, OR BUSINESS INTERRUPTION) RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE DATABASE AND/OR ANY CANDIDATE INFORMATION OR MATERIAL POSTED ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NCBFAA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GIVEN THAT SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU.
14. Termination and Waiver: All provisions of these Terms shall survive termination except those granting access to or use of the Database, and you shall cease all your use and access thereof immediately. You may not assign or transfer your obligations under these Terms. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.
15. Amendments to this Agreement and Changes to the Database: NCBFAA may revise these Terms at any time by updating this page. Changes will be binding on you on the date they are posted on the Database (or as otherwise stated in the any notice of such changes). Any use of the Database will be considered acceptance by you of the then-current Terms. If at any time you find the Terms unacceptable, you may no longer use the Database. Any new or different terms supplied by you are specifically rejected by NCBFAA unless NCBFAA agrees to them in a signed writing specifically including those new or different terms. NCBFAA may make changes to the Database at any time.
16. Indemnity of NCBFAA: You agree to defend, indemnify, and hold harmless NCBFAA (and its officers, directors, members, employees and agents) from and against any claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Database, any Candidate Information or other material posted by you, or your breach of these Terms.
17. Choice of Law/Choice of Venue: These Terms, and the relationship between you and NCBFAA, are governed exclusively by the internal substantive laws of the District of Columbia, without respect to its conflict of laws principles. Jurisdiction for any claims arising under these Terms shall lie exclusively with the courts of the District of Columbia.
18. Notices and Question: Questions concerning the use of the Database should be directed to firstname.lastname@example.org. Notices for NCBFAA shall be sent to the address listed on the Database, and, for you, to the address submitted by you or such other address as NCBFAA reasonably determines is an appropriate address for you.