The American Composites Manufacturers Association (ACMA) is increasingly exploring how online discourse through social computing can empower its members and the industry. These individual interactions represent a new model: not mass communications, but masses of communicators. It is in ACMA’s interest to be aware of and participate in this sphere of open information, interaction and idea exchange.
Each contributor will present its own views, which are understood not to represent the views of any other contributor or ACMA. All postings must conform to the following rules:
- Postings may not be libelous, defamatory, false, obscene, indecent, lewd, pornographic, violent, abusive, threatening, harassing, inflammatory or disruptive, nor may they provide grounds for civil or criminal liability. No personal attacks, harassment or demonization of a particular individual or organization are allowed.
- Postings may not advocate or glorify illegal activity.
- Postings may not advocate the election or defeat of any political candidates, or request contributions for political candidates or solicit attendance at partisan political events. This activity may be illegal. However, issue advocacy that mentions a political candidate’s position without advocating his or her election or defeat, even close to elections, is not prohibited by the Bipartisan Campaign Reform Act of 2002. Posting on this site may not be used to provide anything of value in connection with a campaign.
- No postings shall be chain letters or spam. Postings should not include product or service sales pitches or recommendations other than for contributor-approved items.
- Postings may not violate or infringe copyright, trademark, trade secret, privacy, personal publicity or proprietary rights. When we receive proper notification of alleged copyright infringement, we will promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers in accordance with the Digital Millennium Copyright Act. If you believe that any material on the site infringes any copyright which you own or control, you may send us a written notification of such infringement.
- Postings may not involve information that could give rise to a claim for a violation of the antitrust laws. Specifically, messages are not to involve the following:
- Prices, credit terms or other terms of sale, or what constitutes a “fair” profit level;
- Individual costs, capacity, inventory or sales;
- Individual distribution or marketing information, including territories, customers and suppliers;
- Complaints or disparagement about individual firms, or other actions that might tend to hinder a competitor in any market; or
- Any other unreasonable limitation on competition.
- Postings shall include neither legal advice nor statements that might be considered legal advice.
- Postings must relate to the purpose of the site, except for those items that are posted by contributors to generate interest.
- Users posting content grant to ACMA an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such user content for any purpose, commercial, advertising, or otherwise, on or in connection with the site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such user content, and to grant and authorize sublicenses of the foregoing.
ACMA does not assert any ownership over your content; rather, subject to the rights granted to us in these terms, you retain full ownership of all of your content and any intellectual property rights or other proprietary rights associated with your content.
ACMA is the sole and final judge and enforcer of this policy. We do not endorse and shall have no liability arising from content relating to products or services that might be mentioned. We are not responsible for any material added to this site by users, including material that is illegal or that could lead to criminal or civil liability. We reserve the right to remove any material on the site. We are not responsible for any interruption in service, problems in communications, or any loss or damage resulting from anyone’s use of the site.
DISCLAIMER OF WARRANTIES
THE SITE AND ALL RELATED CONTENT AND SOFTWARE ARE PROVIDED “AS IS” AND ACMA DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ACMA DOES NOT REPRESENT OR WARRANT THAT SOFTWARE OR CONTENT ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE, ITS SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.
LIMITATION ON LIABILITY
IN NO EVENT WILL ACMA OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE, EVEN IF ACMA IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ACMA FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE ASSOCIATION’S LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO ACMA FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM ACMA, REGARDLESS OF THE CAUSE OF ACTION.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
By visiting or using the Site, you agree that the laws of the Commonwealth of Virginia, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and ACMA or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the local and federal courts of the Commonwealth of Virginia, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the local and federal courts of the Commonwealth of Virginia. (I assume that this is to be the state of residence; however, it may be the state where we are incorporated, if different than Virginia. I’d have an attorney confirm.)
ARBITRATION
YOU AND ACMA AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE AND/OR THE SITE SHALL BE FINAL AND BINDING ARBITRATION, except to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth above then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Site be instituted more than three (3) years after the cause of action arose.
INDEMNITY
You agree to indemnify and hold ACMA, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through the Site, your use of the Site, your conduct in connection with the Site or with other users of the Site, or any violation of this Agreement or of any law or the rights of any third party.