Terms and Conditions

Clubhouse Guidelines, Legal & Privacy

The Clubhouse, powered by NAA, is a place for members and affiliates to share information, ask for help, discuss problems and lessons learned, and simply enjoy talking with colleagues. NAA staff maintains and monitors this online community, but the nature of the discussion reflects the interests of the members who take the time to be a part of the online community. These guidelines are the specific rules for participating. The Terms of Use for the online community provides the overall agreement for using the Clubhouse. This document is subject to change, according to evolving membership consensus and interaction. The following guidelines cover messages sent to an entire discussion or to an individual community member.

  1. State concisely and clearly the topic of your message in the subject line. This allows members to respond more appropriately to your posting and makes it easier for them find relevant content when they search the archives by subject.

  2. Own your own words. You own your own words and, by the same token, should obtain permission before using the words of others. This means that you should assume that no one will copy and share part or all of your message(s) by e-mail, on a web page, or otherwise use them without your permission. You should not do any of these things yourself, nor should you post material that is protected by copyright—such as images or complete articles copied from another source—unless you are the copyright holder or have the author's permission. Fair use allows the posting of small excerpts; posting a web link to the full article, when possible, is encouraged.

  3. Safeguard privacy. Clubhouse participation is limited to NAA members, affiliates and staff. All participants are expected to exercise good judgment in sharing personally identifiable or other sensitive information. E-mail and online forums are inherently insecure communication platforms, and NAA cannot guarantee that your comments will remain private.

  4. Stay on topic. Your comments should be relevant to the area or topic where they are placed. If they are not, they may be moved or, in some cases, even deleted.

  5. Be professional. Discussion should be professional not political. While issue advocacy that relates to the professions is acceptable, please refrain from posting partisan political messages.

  6. Do not post commercial messages. The Clubhouse is to be used for noncommercial purposes only. Sharing recommendations for products, services, events, and job openings for which you have no financial interest is permitted. Independent individuals can use our dedicated discussion for seeking or offering professional materials for sale. However, advertising job postings, products, services, or events in which you have a financial or commercial interest is not permitted.

    • Commercial representatives may reply to a specific inquiry or request for recommendations, but you must disclose your financial interest. NAA offers a variety of marketing opportunities for promoting events, products, and services.

  7. Do not endorse NAA candidates running for the Board of Directors.

  8. Remember that NAA respects the community. We understand that people make mistakes, and we will not immediately ban someone from the community following a single violation. Rather, NAA follows a graduated enforcement policy for these guidelines.

    • First Violation—A written warning is sent to the member who violates the guidelines. Depending on the severity of the infringement, the message may be deleted.

    • Second Violation—A written warning is sent to the member who violates the guidelines. The member's Clubhouse account is put into moderation, and messages from his/her account are reviewed before they are posted online.

    • Third Violation—The violating post is not approved. The member's Clubhouse access is disabled for 6 months.


THE LEGAL STUFF

This site is provided as a service for the members of NAA. NAA is not responsible for the opinions and information posted on this site by others.

Disclaimer of Warranties and Limitation of Liabilities

We disclaim all warranties with regard to information posted on this site, whether posted by NAA or any third party; this disclaimer includes all implied warranties of merchantability and fitness.

In no event shall NAA and its subsidiaries, affiliates, officers, agents, and employees be liable for any loss or injury, direct or indirect, incidental, consequential, special or exemplary damages, or any damages whatsoever resulting from loss of use, data, or profits, arising out of or in connection with the use or performance of any information posted on this site. You also agree that NAA and its subsidiaries, affiliates, officers, agents, and employees shall not be responsible for any content found on this site and that your use of this site and any downloading of materials found on or throughout this site is done at your own risk and that you will be solely responsible for any damages to your computer or data that results. In the event that applicable law prevents the exclusion of liability for certain warranties, such exclusion does not apply to you to the extent limited by law.

Indemnification and Release

You agree to indemnify and hold NAA and its subsidiaries, affiliates, officers, agents and employees, harmless from and against any and all claims or liability, including costs and attorney's fees, arising from or in connection with your use of the website and forums or anything related to the website and forums, your violation of this Agreement, or your violation of any rights of another or your failure to abide by applicable law. You hereby release and waive any and all claims and/or liability against NAA and its subsidiaries, affiliates, officers, agents and employees arising from or in connection with your use of the website and forums or anything related to the website and forums. We reserve, and you grant us, the right to assume exclusive defense and control of any matter otherwise subject to indemnification by you. This Section shall survive termination of this Agreement.

Rules of Conduct

Do not post any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law. Do not post personally identifiable information or financial information.

Do not post any message or information that violates the copyright, trademark, trade secret, privacy or publicity rights of any third party. Do not post any information or other material protected by copyright without the permission of the copyright owner. By posting material, the posting party warrants and represents that he or she owns the copyright with respect to such material or has received permission from the copyright owner. In addition, the posting party grants NAA and users of this site the nonexclusive right and license to display, copy, publish, distribute, transmit, print, and use such information or other material, in any form or format. You agree that any information or materials that you, or individuals acting on your behalf, provide will not be considered confidential or proprietary.

Antitrust Compliance Statement: Antitrust and anticompetition laws prohibit agreements, combinations, and conspiracies in restraint of trade.  By participating in NAA, NAAEI, and NAA Services, LLC (collectively “NAA”) activities, including Clubhouse, you agree to not act or fail to act in a manner that would violate these antitrust laws or cause unreasonable restraint of trade.  Prohibited behavior includes, but is not limited to: discussion or sharing of any company's confidential or proprietary information, discussion or agreements, either explicit or implicit, regarding prices of particular products or services of a company, forecasting of prices for goods or services; and sharing of information that your company considers to be confidential or sensitive, even if that information does not fit in any of above categories.  
 
Messages will be rejected (and removed) if they encourage or facilitate members to arrive at any agreement that either expressly or impliedly leads to price fixing, a boycott of another's business, or other conduct intended to illegally restrict free trade. Messages that encourage or facilitate an agreement about the following subjects are inappropriate: prices, discounts, or terms or conditions of sale; salaries; profits, profit margins, or cost data; market shares, sales territories, or markets; allocation of customers or territories; or selection, rejection, or termination of customers or suppliers.
 
To review NAA’s Antitrust Compliance Statement, please visit: naahq.org/naa-antitrust-compliance-statement.

By participating in Clubhouse, you are agreeing that all messages posted or accessed will be used only for informational, educational, or professional purposes. There may be no commercial or other unauthorized use of Clubhouse participant lists.

NAA has no obligation to, and does not in its normal course, prescreen, monitor or review the materials posted online. NAA does not exert editorial control over any materials posted online. NAA reserves the right to prescreen, monitor and/or review all materials posted and suspend access as NAA deems appropriate. However, in the event that any inappropriate posting is brought to the attention of NAA we will take all appropriate action.

The Terms and Conditions, Privacy Policy and all other stated rules constitute a legally binding agreement between you and NAA. Your use of the website and/or forums constitutes your agreement and acceptance to be bound by and comply with the Terms and Conditions, Privacy Policy, and all other stated rules. If you do not agree to the Terms and Conditions, you must immediately terminate use of the website and/or forums. NAA reserves the right to terminate access to any user who does not abide by these guidelines.

NAA reserves the right to make changes to the Terms and Conditions, Privacy Policy and all other stated rules at its sole discretion. APTA may make improvements and/or changes in the product(s), service(s), and/or the literature, information, text or content described on the website and forums at any time. Your use of the website constitutes your acceptance of these changes.

Governing Law

In the event any of the Terms & Conditions shall be held to be unenforceable, the remaining terms and conditions shall be unimpaired and the unenforceable term or condition shall be replaced by such enforceable term or condition as comes closest to the intention underlying the unenforceable term or condition. The website (excluding linked sites) is controlled by NAA from an office within the Commonwealth of Virginia, United States of America. By accessing the website and forums, you and NAA agree that all matters relating to the website and forums shall be governed by the laws of the Commonwealth of Virginia, without regard to choice of law principles. You and NAA also agree that jurisdiction shall be in the Commonwealth of Virginia.

PRIVACY POLICY

Any personal information you provide to us including and similar to your name, address, telephone number and e-mail address will not be released, sold, or rented to any entities or individuals outside of our organization except as noted below.

With Whom Do We Share the Personal Information We Collect Through This Site:

Our Service Providers
We may share your personal information with companies (including our affiliates) that perform services on our behalf, for example, companies that help process credit card payments. Our service providers are required by contract to protect the confidentiality of the personal information we share with them and to use it only to provide specific services on our behalf.

Business Transfers
Your personal information may be transferred to another entity (either an affiliated entity or an unrelated third party) in connection with a merger, reorganization, dissolution or similar corporate event. If such a transfer were ever to occur, the acquiring entity’s use of your personal information will still be subject to this Privacy Policy.

Government and Legal Disclosures
We may disclose the personal information we collect through this Site, when we, in good faith, believe disclosure is appropriate to comply with the law (or a court order or subpoena); to prevent or investigate a possible crime, such as fraud or identity theft; to enforce our Terms and Conditions or other agreements that govern your use of this Site; or to protect the rights, property or safety of our company, our users, or others.

External Sites
We are not responsible for the content of external internet sites. You are advised to read the privacy policy of external sites before disclosing any personal information.

Cookies
A "cookie" is a small data text file that is placed in your browser and allows us to recognize you each time you visit this site (personalization, etc). Cookies themselves do not contain any personal information, and we do not use cookies to collect personal information. Cookies may also be used by 3rd party content providers such as news-feeds.

Remember The Risks Whenever You Use the Internet
While we do our best to protect your personal information, we cannot guarantee the security of any information that you transmit to us and you are solely responsible for maintaining the secrecy of any passwords or other account information. In addition, other Internet sites or services that may be accessible through our site have separate data and privacy practices independent of us, and therefore we disclaim any responsibility or liability for their policies or actions. Please contact those vendors and others directly if you have any questions about their privacy policies. For any other information please contact us using the Contact Us page.

Your Californian Rights

FOR RESIDENTS OF CALIFORNIA ONLY. Section 1798.83 of the California Civil Code requires select businesses to disclose policies relating to the sharing of certain categories of your Personal Data with third parties. If you reside in California and have provided your Personal Data to NAA, you may request information about our disclosures of certain categories of Personal data to third parties for direct marketing purposes. Such requests must be submitted to us at the following address: privacypolicy@naahq.org.