Privacy Policy – Terms of Use

Who we are

Our website address is: https://www.tianet.org.

What personal data we collect and why we collect it

Comments

When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.

An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.

Media

If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.

Contact forms

Cookies

If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.

If you have an account and you log in to this site, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.

When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.

If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.

Embedded content from other websites

Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

Analytics

Who we share your data with

How long we retain your data

If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.

For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.

What rights you have over your data

If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

Where we send your data

Visitor comments may be checked through an automated spam detection service.

Third-Party Ad Networks

We use third parties such as network advertisers to serve advertisements on our Site and on third-party websites or other media (e.g., social networking platforms). This enables us and these third parties to target advertisements to you for products and services in which you might be interested. Third-party ad network providers, advertisers, sponsors and/or traffic measurement services may use cookies, JavaScript, web beacons (including clear GIFs), Flash LSOs and other tracking technologies to measure the effectiveness of their ads and to personalize advertising content to you. These third-party cookies and other technologies are governed by each third party’s specific privacy policy, not this one. We may provide these third-party advertisers with information about you.

Users in the United States may opt out of many third-party ad networks. For example, you may go to the Digital Advertising Alliance (“DAA”) Consumer Choice Page for information about opting out of interest-based advertising and their choices regarding having information used by DAA companies. You may also go to the Network Advertising Initiative (“NAI”) Consumer Opt-Out Page for information about opting out of interest-based advertising and their choices regarding having information used by NAI members.

Opting out from one or more companies listed on the DAA Consumer Choice Page or the NAI Consumer Opt-Out Page will opt you out from those companies’ delivery of interest-based content or ads to you, but it does not mean you will no longer receive any advertising through our Site or on other websites. You may continue to receive advertisements, for example, based on the particular website that you are viewing (i.e., contextually based ads). Also, if your browsers are configured to reject cookies when you opt out on the DAA or NAI websites, your opt-out may not be effective. Additional information is available on the DAA’s website at www.aboutads.info or the NAI’s website at www.networkadvertising.org.

Online Behavioral Advertising and How You Can Opt-Out

We may work with third-party advertising companies who may utilize cookies and web beacons, and data collected on our services, to customize advertisements to you on our services, as well as on other websites or mobile applications in their networks beyond our services. Among other things, these customized advertisements may advertise our products and services and third party products and services on websites or mobile applications not affiliated with us. Some of these ads are online behavioral advertising – which serve advertisements that are more likely to be of interest to you using non-personal behavioral information.  Such ads may contain cookies that allow monitoring of websites and mobile applications (including our own services) and your response to such advertisements.  Cookies or web beacons placed by these companies do not collect personal information, and the third-party advertising companies do not have access to or use your name, address, e-mail address, telephone number or other personal information; they may however, anonymously track your usage across our services and other websites or mobile applications in their networks. We limit companies that place our ads from using information for any purpose other than to assist us in our advertising efforts.

For more information about these third-party advertising companies’ privacy policies, visit the Network Advertising Initiative’s website at http://www.networkadvertising.org. If you prefer to not receive targeted advertising, you can opt-out of network advertising programs that use your information. To do so, please visit: the Network Advertising Initiative’s opt-out page.

Terms of Use

Welcome to the Transportation Intermediaries Association, Inc.’s (“TIA”) TIANET.ORG website (the “Site”). When we use “TIA,”  “we”, “our” “us” or similar terms below, we mean Transportation Intermediaries Association, Inc., a Virginia not-for-profit corporation.  When we use “you,” “your” or “yours,” or similar terms, we are referring to the person or entity who manifests agreement to these Terms by accessing or using the Site, or by submitting any information or materials to be included on the Site.

Your access to or use of the Site, or submission of any material to be posted or used on the Site, is subject to Your agreement to and compliance with the terms and conditions set forth below (the “Terms”). If You do not agree to the Terms, You may not access, use or contribute to this Site.

We may modify these Terms from time to time and without notice, effective immediately upon posting on the Site. Your continued access or use of the Site shall constitute acceptance of such modifications of the Terms.

Childrens’ On-Line Protection

The Site is not directed at children under age 13. Such children are not eligible for to use the Site.  We will not knowingly collect personally identifiable information from any child under the age of 13.

Copyright, Ownership and Limited Rights to Use Site and Content

Your right to access certain areas of the Site (for example, TIA Watchdog) is subject to prior registration, and such areas may have other or further terms of use to which you must agree to use those areas. See “Registration,” below.  Those terms are incorporated into and made a part of these terms to the extent applicable.

All text, graphics, logos, applications, tools, documents, widgets, button icons, images, audio and video clips, digital downloads, data compilations, indexes, desktop tools, software (including source code) and any other material or information appearing on or used in connection with operating the Site and the arrangement and presentation of the content of the Site (including information provided by others and/or in the public domain); and the overall design of the Site (collectively, the  “Content”) are the property of us or others, and are protected by U.S. and international copyright laws.

We grant You a personal, non-transferable, and non-exclusive limited license to access and use for purposes permitted by these Terms, the Site. Provided that You do not use the Site in a manner that violates these Terms, and You do not delete or modify any copyright or other proprietary notices, we grant you the right to download and print a single copy of any downloadable Content from the Site solely for your personal and internal use in connection with your business only. Any other copying, reproduction, republication, uploading, posting, sharing, display, distribution, transmission, or modification of the Content, whether in electronic or hard copy form, is strictly prohibited.

You may not reproduce, re-sell, distribute, sublicense, display, publish, make any work derived from, or frame the Site, any Content, or any trademark, logo or other proprietary information on the Site, without our express written consent. You may not use our name or trademarks in any meta-tags, search optimization terms, or other hidden text without our express written consent. You may not link to the Site without our express written consent.

We own all right, title and interest, including all intellectual property rights, in the Content originated by us, and others own all right, title and interest in and to Content originated by them, including all modifications, enhancements, updates or derivatives thereof.  You acquire no right, title or interest in or to any part of the Content, or any modifications, enhancements, updates or derivatives of the Content, other than those limited rights granted under these Terms, and You agree not to assert any ownership interest in any part of the Content as a result of the rights granted under these Terms.

Registration

Your access to and use of certain areas of the Site are subject to our acceptance of Your Registration.  You agree to supply us with all information requested in the Registration process, and to comply with any Registration terms and conditions as from time to time may be applicable. These may include, without limitation, being a current TIA member in good standing, not being barred from using the Site, and manifesting your assent to these and other Terms.  We may change the Registration terms upon notice to You.  We have the right to terminate any Registration at any time and for any or no reason.

In submitting your Registration, You will be asked to provide a user name and a password, and may be asked to provide personal data, contact, and membership information. We expect that You will, and You agree to, keep Your account numbers, usernames and passwords in a safe place, and take other reasonable steps to prevent unauthorized use of or access to the Site and Your personal information.

User-Supplied Content

The Site may facilitate or permit You to upload, post or share content, which is referred to herein as “User-Supplied Content”. 

Any User-Supplied Content You submit for posting to the Site is deemed non-confidential and we shall have no obligation of any kind with respect to such User-Supplied Content.  You are solely and exclusively responsible for any User-Supplied Content you post to the Site, and all the consequences of posting it. 

We do not make, adopt, confirm, endorse or ratify in any way any statements, representations or information contained in any such User-Supplied Content, nor do we recommend, join in, endorse or sponsor any positions taken by, activities, products, services, policies or practices of, any person or entity who posts or causes to be posted to the Site such User-Supplied Content. The person or entity who submits for posting on the Site any User-Supplied Content is solely and exclusively responsible for such User-Supplied Content, and we assume or undertake no duty to screen or review any User-Supplied Content, or to confirm the truth, accuracy, reliability or completeness of any User-Supplied Content, or to investigate or determine whether any of the same is truthful, reliable, accurate, or complete, or whether any of the same violates or infringes any right of any person or entity, including (without limitation) privacy or publicity rights, rights to reputational integrity or against defamation, copyrights, trademark rights, patent rights, trade secret rights, contract rights, confidentiality rights, exclusivity rights, and fair competition rights, nor do we assume or undertake any duty whatsoever to revise, edit, remove or modify any User-Supplied Content.

We reserve the right, but do not undertake any obligation or duty, to refuse to post or to remove any Content, at any time, at our sole discretion, including without limitation any User-Supplied Content which violates these Terms, is otherwise objectionable, or for any other reason we deem appropriate.

As to any User-Supplied Content or information you submit or otherwise provide to us by any means for posting to the Site, You grant us an exclusive, worldwide, royalty-free, perpetual, irrevocable license to use, publish, distribute, display, reproduce, modify, perform, preserve and create derivative works of all such User-Supplied Content or information in any media now known or hereafter developed, and to sublicense and permit and authorize others to do any or all of the same on terms and conditions acceptable, in our sole discretion to us, any or all of which rights we may assign, in whole or in part, to others, without notice to or consent from You.

 You further agree that we may disclose or remove User-Supplied Content (a) as required by a court or government agency; (b) to enforce these Terms; (c) to respond to any claim that any Content or User-Supplied Content violates the rights of any third party; or (d) to protect our rights.

Remember, any personal information You include in your Registration or in User-Supplied Content You submit for posting on the Site may be collected and/or used by third parties. We take reasonable steps to protect Your personal information in accordance with our Privacy Policy but we are not responsible for the security of any personal information You submit for posting to the Site.

Disclaimers as to Content

Any User-Supplied Content or information you submit for posting on the Site, and Your use or reliance on any Content, including without limitation, User-Supplied Content posted by others, is done entirely and strictly at Your own risk.  In using the Site and any and all of the Content provided on it, You should be aware that there are certain risks, including, but not limited to, the risk that the information or material may be false, misleading, inaccurate, outdates, or unreliable, or that persons may be misrepresenting their true identities, affiliations, positions or purposes. We assume or undertake no duty to investigate or confirm the truth, accuracy, reliability or completeness of any Content, or to investigate or determine whether any of the same is truthful, reliable, accurate, or complete, or whether any of the same violates or infringes any right of any person or entity, including (without limitation) privacy or publicity rights, rights to reputational integrity/against defamation, copyrights, trademark rights, patent rights, trade secret rights, contract rights, confidentiality rights, exclusivity rights, and fair competition rights, nor do we assume or undertake any duty whatsoever to revise, edit, remove or modify any  Content.  We shall have no liability in any way for any Content, including but not limited to any errors or omissions, or any loss or damage of any kind You may incur as a result of use of any Content, or any business, legal, employment, trading, investment, purchase or any other decision You or others may make or action You or others may take or not take based on any Content on the Site. It is a good practice not to assume that any Content is true or accurate, including information regarding a user’s identity or affiliation, and not to rely on such information when making decisions.

The Site may, from time to time, include Content regarding or discussing various legal and regulatory aspects of the transportation and/or transportation intermediary industries or businesses.  Such information does not constitute and is not intended as legal advice, nor do we hold out the Site or ourselves as a source of legal advice or counsel.  We are not, nor do we hold ourselves out as licensed or qualified to practice law in any state.  As any legal advice must be tailored to the specific circumstances of each case, be given by a licensed and qualified lawyer, and laws and regulations are constantly changing, You should not rely on any Content or information on the Site in making decisions concerning any legal matter or issue, nor should any such Content or information be used as a substitute for the advice of duly-licensed and qualified counsel.  

Also, the Site may, from time to time, include Content regarding or discussing various participants in the transportation and transportation intermediary business. You bear responsibility for your own business research and decisions concerning such participants.  You acknowledge that sharing certain kinds of information among Your competitors may violate federal or state antitrust laws.  You also agree that we will not be liable for any  business decision made or action taken by you or others, alone or in concert, based upon reliance on any Content or information on the Site.  Remember, we make no claims or representations as to the accuracy, completeness, or truth of any Content or material contained on our Site, and any use You make of it is entirely at your own risk.

Prohibited Uses

In addition to observing the other Terms contained herein, You shall not and agree not to do any of the following, and You warrant and represent to us on a continuing basis that You have not and will not:

(a)  submit to or use the Site to disseminate material protected by copyright, unless you are the copyright owner or licensee, or otherwise have express permission of the owner or an authorized licensee to do so;

(b) submit to or use the Site in connection with any illegal, false, inaccurate, incomplete, dated, fraudulent or misleading information or material, or any fraudulent or illegal conduct, scheme, or plan;

(c)  submit for posting any Content in bad faith, or for the purpose of gaining an advantage or leverage in a business or other dispute with the subject of the Content;

(d) submit toor use the Site to disseminate any information that violates or infringes the rights of or Your duties toward any third party, including, without limitation, privacy or publicity rights, rights to reputational integrity/against defamation, copyrights, trademark rights, patent rights or any other intellectual property rights, trade secret rights, contract rights, non-disclosure and confidentiality rights, exclusivity rights, and fair competition rights;

(e) submit any information, or use or share any information posted on the Site (alone or in concert with others) in any manner, that violates any federal, state or local laws and/or regulations concerning combinations, restraints of trade, fair competition, fair trade practices, and false advertising.

(f) use the login credentials, account number, username or password of another member, or any person other than yourself or a company which has authorized You to do so, or impersonate another person, entity or business, or falsely represent or suggest a connection or relationship between You and any other person, entity or business that does not, in fact, exist;

(g)  use the Site to act in any manner that is defamatory, harassing, threatening,  insulting, hateful, or abusive to any other person or entity, including without limitation, any other user or the subject of any Content posted on the Site;

(h) submit for posting any obscene or sexually oriented or explicit material;

(i) attempt or endeavor to breach, circumvent or defeat any security or authentication feature of the Site, or attempt or endeavor to gain access to, delete, change, or intercept any secure information or content, or any information or material submitted for posting by any person other than You, or take any action which disrupts or damages our Site or network, consumes an unreasonable or inordinate level of system resources, or which places an unreasonably large load on the Site’s infrastructure, or use without authority, forge or falsify any TCP/IP packet header, username or password, or Your name, e-mail address or any part of the header information of any posting;

(j) submit to or transmit through the Site any file, executable code or material containing any malware, virus, worm, time bomb, Trojan horse, bot, keylogger, ransomeware, adware, spyware, or other disabling, intrusive, interfering, or disruptive computer code or programming;

(k)  disparage the products or services of any person or entity;

(l)   submit or post any mass mailings or any form of “spam;”

(m) violate or breach any of the other Terms of Use contained herein, as the same may be modified from time to time.

Copyright Infringement

If You believe any Content or User-Supplied Content infringes the copyright interest or other exclusive right of You or any person for whom you act as an agent, please provide the following information, in writing and signed by You, to the TIA Copyright Agent at the address listed below:

  • identification of the copyrighted work which You believe is infringed, including an assertion that You either own such copyright interest, or are the authorized agent of the owner.
  • A description identifying the allegedly infringing Content You want removed or disabled, with the identification sufficient to permit us to locate the content on our Site
  • Your address, telephone number and e-mail address.
  • Your statement that You have a good-faith belief that the use of the disputed in the manner complained-of is not authorized by the copyright owner, its agent or by law;
  • Your statement that the information in the notice is accurate, and, under penalty of perjury, that You are authorized to act, either, as the owner, or on behalf of the owner, of the right you claim is infringed.

Copyright Agent

Benjamin J. Lambiotte, Esq.

TIA Copyright Agent

Garvey, Schubert Barer

1000 Potomac Street, N.W.

Second Floor

Washington, DC 20007

(202) 965-7880

blambiotte@gsblaw.com

Trademarks

TIA, Watchdog, our logo(s), and any other names, Web sites, publications, products, content or services referenced on the Site are the exclusive trademarks or servicemarks of us or others; including without limitation the “look and feel” of the Site and the color combinations, layout and other graphical elements of the site. You may not use those trademarks in any manner without our express, written permission. Other product and company names which appear on the Site may be subject to trademark or other rights of other parties.

Use of the Site

You are responsible for securing any device, network connection, ISP service, hardware, software and other equipment necessary to access and use the Site, including all related expenses. You are solely responsible for maintaining the confidentiality of any username, password or other security measure You use in connection with the Site, and agree to notify us immediately by Email to info@tianet.org of any unauthorized use of Your username, password or other security measure.

Linking; Third-Party Information

We have no control over other Web sites or other resources accessed through links on the Site. You agree that we shall have no responsibility for any content, information, products or other material accessed or purchased through such links, and shall not be liable, directly or indirectly, for any damage or loss incurred by You or any third party in connection with Web sites or resources accessed through links on the Site. Any information, opinions or recommendations expressed in these sites are solely those of the third party information providers and are not our information, opinions or recommendations. No endorsement of third party products, services or information is expressed or implied by any information, material or content referred to or included on, or linked from or to the Site.

No Warranty

WE DO NOT WARRANT THAT ANY CONTENT, INCLUDING, WITHOUT LIMITATION, USER-SUPPLIED CONTENT, POSTED ON THE SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WE DO NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS OR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, NOR DO WE MAKE ANY WARRANTY WHATSOEVER REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES INFORMATION OR ANY OTHER MATERIAL YOU OBTAIN THROUGH THE SITE. ALL CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND DEFECTS, AND WITH NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, AND IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.)

WE DO NOT WARRANT THAT ANY CONTENT AVAILABLE FOR DOWNLOADING OR OTHERWISE OBTAINED THROUGH THE SITE IS FREE OF SOFTWARE VIRUSES, WORMS, TROJAN HORSES OR ANY OTHER CODE WITH CONTAMINATING OR DESTRUCTIVE PROPERTIES OR EFFECTS. YOU ARE SOLELY RESPONSIBLE FOR SAFEGUARDING YOUR OWN DATA, EQUIPMENT AND SOFTWARE.

No Duty to Update

We have no duty or policy to update any information or statements, and any Content, including, without limitation, User-Supplied Content, accessed on or through the Site should not be relied upon as being accurate or current as of the date it is accessed. In addition, Content may include technical inaccuracies or typographical errors. All Content provided on or through the Site is furnished for informational purposes only, and does not constitute and should not be construed as a suggestion, direction, offer or invitation to enter or not enter, or to continue or discontinue, any business relationship with any person or entity.

Limitation of Liability

WE SHALL HAVE NO LIABILITY FOR ANY COST OR DAMAGE ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF OR INABILITY TO USE THE SITE OR ANY CONTENT. IT IS YOUR SOLE RESPONSIBILITY TO EVALUATE ALL CONTENT PROVIDED ON THE SITE FOR ACCURACY, COMPLETENESS AND USEFULNESS, YOU, AND NOT US, BEAR ALL LIABILITY AND RESPONSIBILITY FOR ANY REPORT OR INFORMATION YOU SUBMIT FOR POSTING ON THE SITE.

WE SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE WHATSOEVER, INCLUDING BUT NOT LIMITED TO INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA AND THE LIKE) ARISING OUT OF YOUR USE OF, OR INABILITY TO USE OR ACCESS THE SITE OR ANY CONTENT PROVIDED ON THE SITE OR DOWNLOADED FROM THE SITE, OR ANY DELAY IN USE OR ACCESS TO THE SITE OR CONTENT PROVIDED ON THE SITE OR ANY CLAIM ARISING FROM OR RELATING TO ERRORS, OMISSIONS OR INACCURACIES IN THE CONTENT PROVIDED ON THE SITE OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT WAIVING THE EXCLUSIVE GOVERNING LAW PROVISION SET FORTH BELOW, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THEREFORE THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

THE LIMITATION OF LIABILITY SET FORTH ABOVE SHALL APPLY TO EVERY FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT, AND SHALL SURVIVE ANY BREACH OF THE TERMS OR ANY AGREEMENT BETWEEN YOU AND US, OR TERMINATION HEREOF OR THEREOF FOR ANY REASON, OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THE TERMS OR SUCH AGREEMENT OR OF ANY EXCLUSIVE REMEDY.

Indemnity

You agree that You are personally responsible for Your use of the Site.  PLEASE READ CAREFULLY AND PAY CLOSE ATTENTION TO THE FOLLOWING PROVISIONS. 

 YOU  IRREVOCABLY AND UNCONDITIONALLY agree to indemnify, defend, and hold harmless us, and our members, officers, directors, employees, agents and third party information providers from and against any CLAIm, DEMAND, LIABILITY, loss, damage, FEE, PENALTY, COST, or expense of any kind (including, WITHOUT LIMITATION, attorneys’ fees and costs AND COSTS OF INVESTIGATION AND SETTLEMENT) ARISING OR resulting from:  Your use of the Site, INCLUDING, WITHOUT LIMITATION, ANY ALLEGATIONS OF IMPROPER OR UNLAWFUL USE, RELIANCE ON, OR SHARING OF ANY INFORMATION POSTED ON THE SITE, BY YOU OR  IN CONCERT WITH OTHERS; Your violation of any OF the Terms OF USE; Your SUBMISSION FOR posting ANY  Watchdog report or response; and ANY ALLEGATION THAT ANYTHING SUBMITTED UNDER YOUR REGISTERED PASSWORD AND/oR USERNAME FOR POSTING ON THE SITE IS UNTRUE, INACCURATE, FALSE, MISLEADING, MALICIOUS, TORTIOUS, UNLAWFUL, OR OTHERWISE violatES OR INFRINGES the rights of any third party, INCLUDING THE SUBJECT OF ANY REPORT/RESPONSE.  

 YOUR OBLIGATION TO INDEMNIFY, DEFEND AND HOLD HARMLESS US AND THE OTHER INDEMNIFIED PERSONS MENTIONED ABOVE WILL ARISE AS AND WHEN WE OR THEY INCUR ANY PENALTiES, COSTS, EXPENSES, LOSSES, DAMAGES OR FEES WHICH YOU ARE OBLIGED TO PAY HEREUNDER.  YOU SHALL BE LIABLE TO PAY SUCH OBLIGATIONS AT THE TIME(S) WHEN THEY ARE INCURRED, REGARDLESS OF WHETHER, WHEN, OR IF WE OR ANY InDEMNIFIED PERSON ARE OR ARE NOT FOUND OR DETERMINED TO BE LIABLE TO ANY THIRD PARTY CLAIMING INJURY.  YOU AGREE TO PAY THE FULL AMOUNT OF SUCH LIABILITIES, lossES, damageS, FEES, PENALTIES, COSTS, AND expenseS, WITHOUT CONDITION, RECOUPMENT OR SET-OFF OF ANY KIND, UPON WRITTEN DEMAND FROM TIME TO TIME BY ANY PERSON ENTITLED TO INDEMNITY HEREUNDER.  WE AND ANY PERSON(S) TO BE INDEMNIFIED HEREUNDER MAY COMPROMISE AND/OR SETTLE THE UNDERLYING CLAIM OR DEMAND ON TERMS AND CONDITIONS ACCEPTABLE TO US AND THEM, AND MAY CHOOSE OUR OR THEIR OWN COUNSEL WITHOUT EXTINGUISHING, REDUCING OR AFFECTING YOUR INDEMNITY OBLIGATIONS HEREUNDER.  FURTHER, YOUR INDEMNITY OBLIGATIONS HEREUNDER SHALL SURVIVE TERMINATION OF THIS AGREEMENT FOR ANY REASON.

Export Controls

Content on the Site may include software subject to U.S. export controls. You may not download any software from the Site, or otherwise export or reexport software (a) into, or to a national or resident of, Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the United States of America has embargoed goods; or (b) to anyone on the United States Treasury Department’s list of Specially Designated National or the U.S. Commerce Department’s Table of Deny Orders. If You download or use software on this Site, You warrant that You are not located in, under the control of, or a national or resident of, any such country or on any such list.

Miscellaneous

The Site is operated by us from our headquarters in Alexandria, Virginia, United States of America. We make no representation that any Content or any other materials on the Site are appropriate or available for use in other locations. If You access this Site from a location outside the United States of America, You do so on Your own initiative and are responsible for compliance with all applicable laws of Your jurisdiction.

These Terms, and any dispute that may arise between You and us shall be governed by and construed in accordance with the laws of the United States of America and the Commonwealth of Virginia, U.S.A., without regard to conflict of laws principles. The Terms, as may be amended from time to time, set forth the entire understanding of You and us as to the subject matter of the Terms, unless otherwise specifically provided under an agreement between You and us. You consent to the exclusive jurisdiction and venue in the federal or state courts within the judicial district encompassing the City of Alexandria, Virginia, U.S.A. for any all disputes arising out of or relating to these Terms and/or the Site. 

If we engage an attorney to enforce our rights hereunder or defend ourselves as a result of any use You make of the Site, then, in addition to and not in limitation of any other right or remedy we may have hereunder or under applicable law, you agree to pay our attorneys’ fees and costs, including without limitation, fees and costs associated with investigation, we incur in connection with such efforts.

Nothing contained in these Terms shall constitute You and us as partners or joint venturers or constitute an employment or agency relationship between You and us.

If any provision of the Terms is found to be invalid or unenforceable, the remainder of the Terms shall remain in full force and effect, and all Terms shall be enforced to the fullest extent permitted by law.

No waiver or failure to assert any provision of the Terms shall be valid unless in writing and signed by an officer of us. We may assign its rights and duties under the Terms to any party, at any time, and without notice to You.

These Terms constitute a written agreement between You and us, and a printed version of these Terms, and of any electronic notice pertaining to these Terms, shall be admissible in an judicial or administrative proceeding to the same extent, and subject to the same restrictions, as any other contract, document or record originally in printed form.

We reserve all rights not expressly granted herein.

Questions about these Terms or the Site?  Please contact: Rachael Oury, Senior Marketing Manager at oury@tianet.org.

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