USPAE Website Legal Notice And Terms And Conditions

By accessing or using any of this website, you agree to comply with and be bound by these Terms and Conditions. Please read these Terms and Conditions carefully, as well as USPAE’s Privacy Policy, which is incorporated herein by reference. If you do not agree with these Terms and Conditions, you must immediately terminate use of the USPAE website. USPAE reserves the right, with or without notice, at any time and for any reason to deny you access to the USPAE website or any portion thereof, and to terminate or modify these Terms and Conditions. If you violate any of these Terms and Conditions, your permission to use the website automatically terminates.

Copyright And Trademark

The U.S. Partnership for Assured Electronics (USPAE), or its licensors own the copyright in all of the content comprising this website, unless otherwise indicated. By accessing and using this website, you agree to abide by U.S. and international copyright law and all other applicable laws. You may access this website and retrieve content containing USPAE’s copyright notice, store such content on your own computer, and print one copy of such Content for noncommercial, personal, or educational purposes only, provided that any document or portion thereof includes the following copyright notice: “Copyright USPAE. All rights reserved.” Permission may be needed for other content not marked with USPAE’s or any copyright notice. You may cite or refer to the URL of this website without limitation.

All brand, product, service, and process names appearing on this website are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by USPAE.

The names, trademarks, service marks, and logos of USPAE appearing on this site may not be used in any advertising, publicity, or otherwise to indicate USPAE’s sponsorship of or affiliation with any product or service, without USPAE’s prior express written permission.

User Submissions

Any information you submit to this website is governed by the USPAE Privacy Policy and by the terms of this Legal Notice. In the event of a conflict, the terms of this Legal Notice shall govern.

By submitting communications or content, you agree that such submission is non-confidential for all purposes. If you make any submission to this website, including any business information, idea, concept or invention, you automatically grant USPAE a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. USPAE may sublicense its rights through multiple tiers of sublicenses.

In consideration of being allowed to use the public areas and/or any alliance partners-only areas of this website, you agree that the following actions shall constitute a material breach of these Terms and Conditions:

  1. Using a public or alliance partner-only area for any purpose in violation of local, state, national, or international laws;
  2. Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
  3. Posting material that could be perceived as violating federal and/or state antitrust laws, including but not limited on-line discussions about prices, charges, capitation amounts, or other forms of payment for professional services, as well as salaries or other terms of employment and the cost and terms of purchase of medical supplies and equipment.
  4. Posting advertisements or solicitations of business;
  5. Posting chain letters or pyramid schemes;
  6. Impersonating another person or company;
  7. Distributing viruses or other harmful computer code;
  8. Harvesting or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments; consent;
  9. Allowing any other person or entity to use your identification for posting or viewing comments; or
  10. Engaging in any other conduct that restricts or inhibits any other person or entity from using or enjoying the website or which, in the judgment of USPAE, exposes USPAE or any of its alliance partners, customers or suppliers to any liability or detriment of any type.

Disclaimer Of Currency, Accuracy, Or Quality

USPAE makes no guarantee as to the currency, accuracy, or quality of information published and/or archived on this website, nor will USPAE accept any responsibility for other organizations, businesses, and private persons that provide information on this website. USPAE is not responsible for misprints, out-of-date information, or errors. USPAE makes no warranty, express or implied, or assumes any legal liability or responsibility for the accuracy or completeness of any information contained on this website.

Disclaimer

The Content included in this website has been compiled from a variety of sources and is subject to change without notice as are any products, program, offerings, or technical information described in this website. The Content is provided “AS IS”, and USPAE makes no representation or warranty whatsoever regarding the completeness, quality, or adequacy of the website or Content or the suitability, functionality, or operation of this website or its Content. By using this Website, you assume the risk that the Content on this website may be inaccurate, incomplete, or offensive or may not meet your needs and requirements. USPAE SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THESE WEB PAGES AND CONTENT. IN NO EVENT WILL USPAE BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

USPAE reserves the right to remove any materials that are posted by third parties on this site or materials e-mailed by third parties which USPAE considers objectionable. Notwithstanding the reservation of this right, USPAE is not responsible for any material posted by any third party. USPAE specifically disclaims any and all liability for any claims or damages which result from any postings by third parties. Although this site includes links providing direct access to other net sites, USPAE has not participated in the development of those other sites and does not exert any editorial or other control over those sites. In addition, USPAE has not participated in the development of sites which have linked to this site, and does not exert any editorial or other control over those sites.

Links

Certain links on this website lead to resources located on servers that are not maintained by USPAE or under its control. Such links are provided for the convenience of visitors to the USPAE website, and USPAE is not responsible for the contents of any such referenced websites and expressly disclaims an legal liability whatsoever with respect to any claims arising from use of such links.

No Endorsement

The inclusion on this website of any link to another website, or any reference to any product or service by trade name, trademark, manufacturer, or otherwise, does not necessarily constitute or imply an endorsement or recommendation by USPAE.

Antitrust Guidelines

The antitrust laws are the rules under which our competitive economic system operates. Their primary purpose is to preserve and promote free competition. It is our policy strictly to comply in all respects with the antitrust laws.

Associations by their very nature bring competitors together. Therefore, it is necessary on this website to avoid discussions of sensitive topics. Agreements to fix prices, allocate markets, engage in product boycotts and to refuse to deal with third parties are automatically illegal under the antitrust laws.

Violations of these rules can have serious consequences for a company and its employees. The Sherman Antitrust Act is both a civil and criminal statute. The Justice Department, state attorney general, and any person or company injured by a violation of the antitrust laws may bring civil actions for three times the amount of the damages, plus attorneys’ fees and injunctive relief.

Here is a list of subjects which should not be the subject of any type of agreement among competitors, whether explicit or implicit, formal or informal, and which therefore should not ever be discussed on this website:

  1. Prices to be charged to clients, customers or by suppliers;
  2. Specific methods by which prices are determined, with directions as to “how to do it” or even less.
  3. division or allocation of markets or customers;
  4. coordination of bids or requests for bids;
  5. terms and conditions of sales, including credit or discount terms;
  6. terms for distribution of products;
  7. targets for production of products or the level of production;
  8. specific profit levels;
  9. exchange of price information as to specific customers;
  10. a boycott of or a refusal to deal with a customer or supplier;
  11. compilation of “approved” lists of customers or suppliers.
  12. “Profit” levels…i.e., “here’s what our alliance partners need to do to make money.”
  13. Whether a company’s pricing practices are “unethical,” “improper,” etc.
  14. Coordination of “bids” or “requests for bids” or requests for proposals (“RFPs”).
  15. Standards or codes to eliminate competition.

When in doubt about discussing any topic, consult with your own legal counsel, or with association staff or its legal counsel, to be sure you are on safe antitrust ground. When unsure, play it safe and avoid the topic.

 

Indemnification

You agree to defend, indemnify, and hold USPAE, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these legal Terms and Conditions.

Governing Law/Forum

You expressly agree that exclusive jurisdiction for any dispute with USPAE (including its officers, directors, employees, and agents), or in any way relating to your use of this website, resides in the courts of the District of Columbia and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the District of Columbia. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. Furthermore, in any dispute, we each waive any right to a jury trial. You also agree that USPAE may bring suit in court to enjoin infringement or other misuse of intellectual property rights without the need to post a bond. In any dispute, the substantially prevailing party shall have its costs and reasonable attorney’s fees paid by the other party.

These Terms and Conditions are governed by the internal substantive laws of the District of Columbia, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.