Last updated: August 1, 2024
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE, THEY MAY HAVE CHANGED SINCE YOUR LAST VISIT.
This Terms of Use Agreement (these “Terms of Use”) describes the conditions and use of BIND Associates Inc (“BIND” or “we” or “us”) website (referring to bindassociates.org or the “Website”) by you and describes your rights and responsibilities as a user. Please read these Terms of Use carefully. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you may not access or use the Website. These Terms of Use and the rights, benefits, and obligations contained herein are fully assignable by BIND and will be binding upon and inure to the benefit of our successors and assigns.
We do not knowingly collect personal information from children under the age of 18. If you are under 18, please do not use our Website, or provide our Website with any personal information.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of the revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Accessing the Website
We reserve the right to withdraw or amend the Website and any service or material we provide on the Website, at our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website or the entire Website.
You are responsible for making all arrangements necessary for you to have access to the Website and ensuring the security of the computers and systems you are using to access the Website.
Prohibited Uses
You may use the Website for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
- To send, knowingly receive, upload, download, use, or re-use any material which does not comply with these Terms of Use;
- To impersonate or attempt to impersonate BIND, a BIND employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing);
- To engage in any other conduct that restricts or inhibits anyone’s use of the Website, or which, as determined by us, may harm BIND or users of the Website or expose them to liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website;
- Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
- Use any manual process to monitor or copy any of the material on the Website for any unauthorized purpose without our prior written consent;
- Use any device, software, or routine that interferes with the proper working of the Website;
- Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website;
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack;
- Otherwise, attempt to interfere with the proper working of the Website.
External Links
Internet websites and mobile applications that are not owned, operated, or controlled by this Website may link to or from our Website. Such other websites and applications contain information created, published, maintained, or otherwise posted by third parties not related to and are otherwise independent of our Website and over which we have no control. BIND does not endorse, approve, certify, maintain, or control these other websites and applications and does not guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of information located at such addresses or on such applications. We provide the links only as a convenience. Use of any information obtained from such other websites and applications is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy, and timeliness, as well as those other websites and applications’ respective terms of use and privacy policies. Once you leave the Website, our Terms of Use and Privacy Policy no longer govern, and therefore, you should review the terms and policies of the other websites and applications. You acknowledge and agree that BIND shall not be liable for any damages or injury resulting or arising from the content of or access to such other websites and applications. Moreover, any information that you provide to third parties accessed through a link on our Website is subject to the privacy policies of that third party and not us.
User Submissions
Any information, material, comments, or other communication submitted to us is treated as described in our Privacy Policy. To the extent that you submit your personal information to us, you represent and warrant that all such information will be truthful, accurate, and not misleading and shall not omit or fail to state any material information. You agree not to provide any information that: (a) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior; or (b) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity.
User Contributions
From time to time, we may provide public forums for you to post your comments in public areas of the Website. These “User Contributions” are posted by you at your own risk. All User Contributions must comply with the Content Standards set out in these Terms of Use. Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose/according to your account settings.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
- All of your User Contributions do and will comply with these Terms of Use.
- You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
- We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
Accessing the Services
You agree that all information you provide is governed by our Privacy Policy, and you consent to all actions we take with respect to your information (information submitted to us by you that identifies you, such as your name, address, email address, phone number, and other identifying information) consistent with this Terms of Use and our Privacy Policy. Please immediately notify us if you suspect there has been an unauthorized use of your information or any other breach of security by contacting us at privacy@BIND.org.
You are responsible for:
- Making all arrangements necessary for you to have access to the Website;
- Ensuring information submitted by you is accurate and correct, and
- Ensuring the security of the computers and systems you are using to access the Website.
Intellectual Property Rights
The Website, its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof) are owned by BIND, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. BIND and its associated logos are our trademarks, or service marks. You are granted no right or license with respect to any of the aforesaid trademarks, service marks, or logos.
Certain materials available on or through the Website are our Works (content we own, authored, created, purchased, or licensed or which we shall own, author, create, purchase, or license). Our Works may be protected by copyright, trademark, patent, trade secret, and other laws, and we reserve and retain all rights in our Works and the Website. We hereby grant you a limited non-assignable license to access and make personal use of the Website provided that such use is for the purposes of the Website described above. This license does not permit you to sell, license, and make any commercial use of our Website or its contents and materials and/ or any information derived from our Website or its contents and materials.
The above-described license is conditioned on your compliance with these Terms and shall terminate upon termination of these Terms. If you breach any provision of these Terms, any license you have obtained will be automatically rescinded and terminated.
If you believe any materials accessible on or from this Website infringe your copyright, you may request removal of those materials (or access thereto) from this Website by contacting the Website’s copyright agent (identified below) and providing the following information:
- Identification of the copyrighted work that you believe to be infringed.
- Identification of the material that you believe to be infringing and its location. Please describe the material and provide us with its URL or any other pertinent information that will allow us to locate the material. Your name, address, telephone number, and (if available) e-mail address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate and indicates that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative. Our agent for copyright issues relating to this Website is the contact indicated at the end of these Terms of Use.
If notified of an allegation that the Website contains infringing information, materials, or other content, We may investigate the allegation and determine in its sole discretion whether to remove or request the removal of the same from the Website and from any other media or server where the infringing content may be stored or displayed by BIND. Notices to BIND regarding any alleged copyright infringement should be emailed to admin@bindassociates.org
Geographic Restrictions
The owner of the Website is based in the District of Columbia in the United States. We provide this Website for intended use primarily by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT.
YOUR USE OF THE Website, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. The Website, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE Website ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE BIND NOR ANY PERSON ASSOCIATED WITH THE BIND MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE Website. WITHOUT LIMITING THE FOREGOING, NEITHER BIND NOR ANYONE ASSOCIATED WITH THE BIND REPRESENTS OR WARRANTS THAT THE Website, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE Website WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE Website OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE Website WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
BIND HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Dispute Resolution
If we end up in a legal dispute, it will take place in the District of Columbia, applying District of Columbia law. You understand that you must file a claim against us within one year after the issue arose.
If we do not satisfy your concerns regarding any alleged violation and you wish to pursue a claim against us, you agree to engage in mediation in the event that direct negotiations fail to resolve your concerns. The period for mediation shall be thirty (30) days unless the parties mutually agree to an extension. If mediation fails, the parties will arbitrate the dispute pursuant to the applicable rules of the Judicial Arbitration and Mediation Services (“JAMS”). Any arbitration shall take place in the District of Columbia before an arbitrator chosen from JAMS. Any award shall be final, binding, and conclusive upon the parties, and a judgment rendered thereon may be entered in any court having jurisdiction thereof. The arbitrator may award any form of remedy or relief (including injunctive relief, such as temporary restraining orders and preliminary and permanent injunctions) that would otherwise be available in court. Any award pursuant to said arbitration shall be accompanied by a written opinion of the arbitrator setting forth the reason for the award. To the extent not inconsistent with applicable laws, the arbitrator will have the authority to hear and grant motions and applications, including on an ex parte or expedited basis. The award rendered by the arbitrator shall be conclusive and binding upon the parties hereto, and judgment upon the award may be entered, and enforcement may be sought in any court of competent jurisdiction. The prevailing party in any dispute relating to this Agreement shall be entitled to recover associated costs, including reasonable attorneys’ fees.
To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise.
Limitation on Liability
IN NO EVENT WILL BIND ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE Website, ANY CONTENT ON THE Website OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify and hold harmless BIND, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.
Waiver and Severability
No waiver by BIND of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of BIND to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Your Comments and Concerns
This Website is operated by BIND. All notices of copyright infringement claims, other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to BIND at BIND Associates, 8757 Georgia Avenue, Ste 460, Silver Spring, MD 20910.