Welcome to the NAPEO Forum of the National Association of Professional Employer Organizations ("NAPEO Forum"). Comments are welcomed and encouraged on the NAPEO Forum. This Acceptable Use Policy (“AUP”) seeks to encourage prudent use of and applies to all users of the NAPEO Forum.
1. RESPONSIBILITY FOR USE. At all times, you agree to conduct your on-line activities on the NAPEO Forum in a professional, responsible, and business-like manner and in accordance with this AUP and all applicable laws. Any views or opinions expressed by you on the NAPEO Forum are your personal views or opinions and do not reflect the views or opinions of NAPEO. Moreover, no such information available through the NAPEO Forum should constitute professional or legal advice of any kind.
2. USER OBLIGATIONS. Participation and access to the NAPEO Forum is limited to persons age 18 years and over who are members in good standing of NAPEO. By installing, accessing, or using the NAPEO Forum, you represent that you are at least eighteen (18) years of age and are a member in good standing of NAPEO. When you use the NAPEO Forum, you promise to provide true and accurate information. You also understand and agree that use of the Internet and the NAPEO Forum is solely your decision and at your own risk. You are responsible for your own use and any “Comments” (as defined below). NAPEO is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained or presented on the NAPEO Forum, or for the consequences of any reliance on such transmission and/or information. You must make your own determination as to these issues.
3. RIGHT TO USE. The NAPEO Forum is provided by NAPEO as a resource for you and to further the mission of NAPEO. Access to and use of the NAPEO Forum is therefore limited to your personal use and to NAPEO’s mission-related communications, promotion, and other activities. You do not have any right to distribute the NAPEO Forum (or any part or content presented on the NAPEO Forum) without NAPEO’s prior written permission.
4. PROPRIETARY RIGHTS. You have no proprietary interest in the NAPEO Forum, and this AUP provides only a limited license to use its features. You have no right to identify or suggest an affiliation with or endorsement by NAPEO and/or its policies or services. The NAPEO Forum is Copyright © 2019 National Association of Professional Employer Organizations . All rights reserved.
5. ENFORCING SECURITY. NAPEO wishes to keep the NAPEO Forum as a safe and productive resource for all. You therefore may not use the NAPEO Forum or any of NAPEO’s data, systems, network, or services to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including, without limitation, accessing or using NAPEO data, systems, or networks in an unauthorized manner, attempting to probe, scan, or test the vulnerability of a NAPEO system or network, circumventing any NAPEO security or authentication measures, monitoring NAPEO data or traffic, interfering with any NAPEO services, collecting or using from the NAPEO Forum email addresses, screen names, or other identifiers, collecting or using from the NAPEO Forum information, including any “Comment” (as defined below) without the consent of the owner or licensor, using any false, misleading, or deceptive TCP-IP packet header information, using the NAPEO Forum to distribute software or tools that gather information, distributing advertisements, or engaging in conduct that it likely to result in retaliation against NAPEO or its data, systems, or network. In order to maintain security, you have no reasonable expectation of privacy while using the NAPEO Forum because NAPEO reserves the right to view, monitor, and/or record activity on the NAPEO Forum and to comply with government or court appointed authorities when necessary. NAPEO also reserves the right at any time when warranted to suspend or terminate operation of or access to the NAPEO Forum or any portion of the NAPEO Forum.
6. COMMENTS. The NAPEO Forum provides the opportunity to share knowledge and post other helpful or meaningful information. By submitting information of any type (a "Comment") to the NAPEO Forum or by otherwise using the NAPEO Forum to transmit or display information, you hereby represent and warrant that you have all rights necessary to transmit and provide a Comment(s), and you automatically grant NAPEO the royalty-free right to use your Comments for any lawful purpose. You also acknowledge that your submissions are non-confidential for all purposes, and you represent and warrant that you have all rights and permissions necessary to submit, display, or make available any content in your Comment.
Moreover, you agree that by using the NAPEO Forum you will not post or transmit any of the following content, information, or materials on the NAPEO Forum:
• anything that constitutes anti-competitive collaboration and/or an antitrust violation(s), including, without limitation, discussion of competitors, complaints about individual firms, allocation of customers, group boycotts, exclusive dealing agreements, markets, terms of sale, specific R&D, sales, or marketing plans, pricing, fees, or rates, price trends, timing of price changes, costs of common inputs, margins, terms of sale, discounts and rebates, advertised prices, promotional programs, inventory levels, production levels, capacities, new projects, and the like;
• anything that violates contractual or fiduciary rights, duties, or agreements;
• anything that is bigoted, hateful, or offensive;
• anything that encourages criminal conduct or that would give rise to civil liability;
• anything that violates any law or regulation in any jurisdiction;
• anything that contains vulgar, obscene, profane, or otherwise objectionable language or images;
• anything that typically would not be considered socially or professionally responsible or appropriate in person;
• anything that harms minors or is directed as a means to contact or interact with a minor;
• anything that impersonates any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of the NAPEO;
• anything that misrepresents your affiliation with any entity and/or the NAPEO;
• anything, which defames, harasses, threatens, or offends;
• anything that violates or infringes on the rights of others or misappropriates or breaches any confidentiality obligation;
• anything that violates the privacy or publicity rights of any other person, including, without limitation, posting any personally identifiable information of another individual;
• anything that constitutes a chain letter or pyramid scheme;
• anything that is false, deceptive, or misleading;
• anything that constitutes junk mail, spam, or unauthorized advertising or promotional materials;
• anything that is “off-topic,” irrelevant, or inappropriate for the purposes of the NAPEO Forum;
• anything that interferes with or disrupts the NAPEO Forum; and
• anything that contains or distributes malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network, or the NAPEO Forum or NAPEO’s data, network, or systems.
7. NO PRE-SCREENING OF YOUR COMMENTS. NAPEO is not responsible for monitoring or moderating the NAPEO Forum to the extent NAPEO itself does not post or display the information through its authorized channels and processes. NAPEO therefore encourages you to use reasonable discretion in using the NAPEO Forum. NAPEO also does not endorse, oppose, or edit any opinion or information provided by you or another person or entity on the NAPEO Forum. Any views expressed on the NAPEO Forum do not necessarily reflect the views of NAPEO. Nevertheless, NAPEO reserves the right at any time to delete, edit, or take other appropriate action with respect to the NAPEO Forum (or parts thereof), including, without limitation, deleting any Comment or terminating your access or use, in the event that NAPEO believes in good faith that your actions or Comments violate this AUP and/or are potentially unlawful or harmful to NAPEO and/or other persons or entities.
8. COPYRIGHT; DESIGNATED AGENT FOR NOTIFICATION OF CLAIMS OF INFRINGEMENT. NAPEO respects the intellectual property rights of others, and it asks you to do the same. Accordingly, it is NAPEO’s policy to respond appropriately to a notice of alleged infringement that complies with U.S. Copyright Law. If you believe that one or more of your works have been copied or used in a way that constitutes copyright infringement, please provide a written notice of your claim of copyright infringement that is directed to NAPEO’s designated agent as specified below along with the following information:
• A signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
• A description, in reasonable detail (including any applicable URL address), of the copyrighted work that you claim has been infringed;
• A description, in reasonable detail, of where the material that you claim is infringing is located on the NAPEO Forum;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement by you, made under penalty of perjury, that the above information in your written notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
• Designated Agent: Nick Kapiotis, General Counsel, nkapiotis@napeo.org
9. LINKS TO OTHER SITES. If links to other sites on the World Wide Web are provided or made available through the NAPEO Forum, please note that these sites have not necessarily been reviewed by NAPEO and are maintained by third parties over which NAPEO exercises no control and for which NAPEO will not be responsible. Please also note that these links do not imply an endorsement by NAPEO of any other site, product, service, person, cause, campaign, or information.
10. DISCLAIMER. THE NAPEO FORUM IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES.
11. LIMITATION OF LIABILITY. NAPEO SHALL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE NAPEO FORUM. NAPEO’S MAXIMUM LIABILITY FOR ANY REASON SHALL BE LIMITED TO $100.
12. GOVERNING LAW. This AUP has been made in and will be construed and enforced in accordance with the laws of the Commonwealth of Virginia as applied to agreements entered into and completely performed in the Commonwealth of Virginia. A printed version of this AUP and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings.
13. CHANGES. Please note that NAPEO reserves the right to change the NAPEO Forum and/or its features (although NAPEO does not have any obligation to do so) as well as the terms and conditions of this AUP. Your continued use of the NAPEO Forum following any announced change will mean that you have accepted any change to the NAPEO Forum and/or to this AUP. Therefore, we encourage you to review this AUP on a periodic basis.
14. CONTACT INFORMATION. If you have questions regarding this AUP and/or the NAPEO Forum, including, without limitation, any requests to use any blog entry for other purposes, please contact info@napeo.org.