Terms & Conditions

Terms of Use Agreement

 

NCAAOM Store

 

Effective Date:  This Terms of Use Agreement was last updated on 5/1/2007.

 

This Terms of Use Agreement sets forth the standards of use of the NCAAOM Online Store. By using the NCAAOM Online Store, you (the “Visitor”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice.  Modifications shall become effective immediately upon being posted at the NCAAOM Online Store.  Your continued use of the NCAAOM Online Store after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

 

1.      Description of Service

 

The North Carolina Association of Acupuncture and Oriental Medicine (NCAAOM) is providing Visitor with a means to conduct business with the NCAAOM. Visitor must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Visitor’s access to the Internet, and (3) pay any fees relate with such connection. 

 

2.      Disclaimer of Warranties.

 

This site is provided by the NCAAOM on an “as is” and on an “as available” basis.  To the fullest extent permitted by applicable law, the NCAAOM makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise.  The NCAAOM shall have no liability for any interruptions in the use of this Website.  The NCAAOM disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement.  Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

 

3.      Limitation of Liability

 

THE NCAAOM SHALL NOT be liable for any damages whatsoever, and in particular THE NCAAOM shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if THE NCAAOM has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

 

4.      Indemnification

 

Member agrees to indemnify and hold the NCAAOM, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Visitor’s use of the on-line store, the violation of this Agreement, or infringement by Visitor, or other user of the on-line store using Visitor’s computer, of any intellectual property or any other right of any person or entity.

 

5.      Modifications and Interruption to Service

 

The NCAAOM reserves the right to modify or discontinue this on-line store with or without notice to the Visitor. The NCAAOM shall not be liable to Visitor or any third party should the NCAAOM exercise its right to modify or discontinue the on-line store. Visitor acknowledges and accepts that the NCAAOM does not guarantee continuous, uninterrupted or secure access to our on-line store, and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

 

6.      Third-Party Sites

 

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties.  You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site.  You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites.  Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Visitors to review said privacy policies of third-parties’ sites.

 

7.      Disclaimer Regarding Accuracy of Vendor Information

 

Product specifications and other information have either been provided by the Vendors or collected from publicly available sources.  While the NCAAOM makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.

 

The NCAAOM makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

 

8.      Governing Jurisdiction of the Courts in the State of North Carolina

 

For all legal intent, our website is operated and provided in the State of North Carolina.  As such, we are subject to the laws of the State of North Carolina, and such laws will govern this Terms of Use, without giving effect to any choice of law rules.  We make no representation that our website or other services are appropriate, legal or available for use in other locations.  Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of North Carolina. 

 

9.      Compliance with Laws.

 

Visitor assumes all knowledge of applicable law and is responsible for compliance with any such laws.  Visitor may not use this on-line store in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Visitor further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

 

10.  Copyright and Trademark Information

 

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2007 North Carolina Association of Acupuncture and Oriental Medicine, with all rights reserved, and/or third parties protected by intellectual property rights.  Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of the NCAAOM is strictly prohibited.  Visitors agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of the NCAAOM.

 

NCAAOM™ and ncaaom.org™ are proprietary marks of the North Carolina Association of Acupuncture and Oriental Medicine.  The NCAAOM’s trademarks may not be used in connection with any product or service that is not provided by the NCAAOM, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the NCAAOM.

 

All other trademarks displayed on the NCAAOM’s online store are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors.  In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with the NCAAOM.

 

11.  Notification of Claimed Copyright Infringement

 

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, the NCAAOM designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

 

By Telephone: 919.788.1568

By Email: ginna@remedyclinic.com

 

12.  Other Terms

 

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.  You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by the NCAAOM, in our sole discretion, to a third party in the event of a merger or acquisition.  This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Visitor.  Visitor agrees that by accepting this Terms of Use Agreement, Visitor is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.