Date of Last Update: July 23, 2009
Revisions to the Website
Description of Services
We reserve the right, in Our sole discretion and at any time without prior notice, to add, delete or modify some or all of the Services at any time, to modify the way in which Services may be accessed and used on the Website, and to set or change policies and protocols for the reservation of certain services to Members. The description of Services on the Website will be kept up to date.
Membership and Member Access
The ASBC is a privately owned coalition formed to facilitate the business success of its core constituency of government contractors, with an emphasis on benefiting small companies. We reserve the right, in Our sole discretion, to establish and to change at any time without prior notice: (i) the categories, benefits, obligations, prices and terms of membership, (ii) the form of membership applications and criteria for acceptance of such applications; (iii) the rules governing participation in and fees for the Services and activities of The ASBC, (iv) the designation of Services reserved for exclusive access by Members; and (v) the process by which Members receive individual passwords and accounts for use of the Website. A Member's right to use the Website and the Services is personal to the Member and specifically to the named individual(s) on each account. Members agree not to resell or make any commercial use of any of the Services without the express written consent of The ASBC.
Each individual Member, and each individual end user of each Member company, will be assigned a unique account, unique user identification ("User ID”), and unique password for access to the Members-only areas of the Website. Any User ID and/or password, and any authorization codes or similar verification identifier provided to any User by Us remain the property of The ASBC. They should be maintained as confidential and should not be disclosed or distributed to third parties. It is Your responsibility to notify Us if You need to change or discontinue Your User ID and password.
You agree to use the Website solely for proper purposes, with due regard for the rights, interests and security of others, and consistent with applicable policies of The ASBC and the law. By way of example, and not by limitation, when using the Website and the Services, You agree that You WILL NOT:
(i) disguise the origin of information transmitted through the Website;
(ii) place false or misleading information on the Website;
(iii) use or access any service, information, application or software available via the Website in a manner not expressly permitted by The ASBC;
(iv) input or upload to the Website any information that is intended to damage, interfere with, intercept or expropriate the Website or any information on the Website or the Services, including but not limited to data that contains viruses, Trojan horses, worms, time bombs or other computer programming routines;
(v) input or upload to the Website or post any Information that infringes the Intellectual Property (defined below) rights of another or that violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane sexually explicit or otherwise objectionable, which encourages conduct that would constitute a criminal offense, or give rise to civil liability, or information that is protected or considered by the United States Government to be sensitive or classified;
(vi) not attempt to circumvent restrictions on the Website that reserve access to certain areas and/or information to Members;
(vii) frame or utilize framing techniques to enclose any portion or aspect of the Website without the express prior written consent of The ASBC;
(viii) use the Website for anything other than lawful purposes and will not use the Website for any purpose in violation of any local, state or national laws of any country;
(ix) use anyone else's Member account or log-in at any time, without the permission of the account holder or purport to give permission to non-Members to access any Member's account; or
(x) disrupt the normal flow of dialogue or information exchange on the Website, or post information unrelated to the business of The ASBC.
Website Postings and Communication
The ASBC provides aggregated secure access to information on our website in order that Members may review information about and potentially contact Members with whom they wish to engage in business activities. Members that provide services used by or useful to other Members are encouraged to network to make other Members aware of their services as they relate to the overall purpose of The ASBC. Unsolicited advertising/marketing email communications are prohibited and violations are reported to the Federal Trade Commission in accordance with the CAN-SPAM Act (www.ftc.gov/spam).
The following practices are not permitted:
(i) Telemarketing activities (phone solicitations) of other Members;
(ii) Soliciting or spamming other Members;
(iii) Soliciting other Members via the U.S. Mail system;
(iv) Retransmitting confidential information related to a Member.
The following practices are highly encouraged:
(i) Establishing a dialogue or relationship with a Member to determine if the goods and services You offer are relevant; and
(ii) Performing market research to determine if a Member is in need of your type of services even if it means contacting The ASBC to inquire about that Member.
The ASBC has established an environment conducive to the development of professional relationships for its Members and Website Users. Any activities that in our opinion detracts from that positive atmosphere, can and will result in termination of access privileges and/or membership. If You have any questions regarding the appropriateness of your actions, please contact THE ASBC.
Intellectual Property Ownership
The Website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound. The entire contents of the Website are copyrighted as a collective work under the United States copyright laws. The ASBC owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it.
Other material, including authored works as well as trade names and logos of other Persons and Users appearing on the Website are the property of their respective owners.
The ASBC Tradenames and Logo
Non-disclosure and Confidentiality
You agree to hold in trust and strict confidence any confidential or proprietary information or trade secrets ("Confidential Information") to which You may gain access over the Website or in the course of the use of any Service, and agree that such Confidential Information shall be used only for the contemplated purposes, shall not be used for any other purpose, or disclosed to any third party, except as may be required by a competent legal authority. All Confidential Information remains the property of The ASBC. No documentary or electronic copies of Confidential Information will be made or retained without the permission of The ASBC and all such documentary or electronic copies shall be returned to The ASBC immediately upon request.
(i) No Warranties
(ii) No Endorsement or Joint Venture
The ASBC claims no ownership of any postings of any information or communications by any User and does not represent or guarantee the truthfulness, accuracy, or reliability of any of any such material or endorse any opinions expressed by any User. Mere membership in The ASBC, acceptance into a particular class of membership, sponsorship of The ASBC or of any event of The ASBC, and/or postings by any User on the Website do not constitute an endorsement of the products or services of any User or Member. Users are advised to conduct their own due diligence on the products and services of other Users. Any contract or agreement between or among any Users for the purchase, sale or delivery of any products or services are strictly between such Users and The ASBC shall have no involvement or liability under such arrangement whatsoever. No use of the Website by any User shall create a joint venture, partnership, contractor or employee relationship between The ASBC and such User.
(iii) Discontinuation of Service and Force Majeure
The ASBC reserves the right, in Our sole discretion and without prior notice, to modify or discontinue any Services or the Website. We shall not be liable to any User or any third party in the event of such discontinuance. You acknowledge and accept that The ASBC does not guarantee continuous, uninterrupted or secure access to the Website and operation of the Website may be interfered with or adversely affected by numerous factors or circumstances outside of our control. The ASBC shall not be responsible for any failure or delay in performance with respect to the Website or any Service due to any force majeure, including but not limited to war, social disturbance, strike, accident or act of God, telecommunications or internet failure, hacker attacks, act of government or restriction imposed by law, or any other similar cause beyond Our control.
(v) Local Laws
We make no representation that materials on the Websites are appropriate or available for use in all locations, and accessing them from territories where the contents are illegal or unlawful is prohibited. Those who choose to access this site from locations other than Maryland, USA, the state of origin, do so on their own initiative and are responsible for compliance with local laws.
(i) California Consumer Protection Notice
(ii) The Digital Millennium Copyright Act Notice.
Members may post content to the Website, which may include copyrighted works. The Digital Millennium Copyright Act, 17 U.S.C. Section 512 ("DMCA”) provides a process for a copyright owner to give notification to an online service provider concerning alleged copyright infringement. Upon Our receipt of a valid DMCA notification, the offending content will be taken down. The following information must be included in your notification: (i)a description of the copyrighted work that is the subject of claimed infringement; (ii) a description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for You, including your address, telephone number and/or e-mail address; (iv) a statement by You that You have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by You, signed under penalty of perjury, that the information in the notification is accurate and that You have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf. Any claim regarding potentially infringing posted material should be sent to: The ASBC, PO Box 2786; Columbia, MD 21045-1786; 410-381-7378; firstname.lastname@example.org; attention: Margaret Timberlake (our agent for notice of infringement claims).
(iii) Communications Decency Act Notice
Under the Communications Decency Act, 47 U.S.C. Section 230 ("CDA”), The ASBC is not liable for defamation or other claims arising from content posted to the Website by Members. Because it permits posting by members, The ASBC Website is an "interactive computer service” under the CDA. The ASBC is not responsible for, and do not exercise any editorial or other control over, any content posted by Members, but rather merely serves as a "publisher” of such content.
Limitations of Liability
THE ASBC SHALL NOT be liable for any damages whatsoever, and in particular the asbc 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 website 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 asbc 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.
THE ASBC SHALL NOT BE LIABLE TO ANY USER FOR ANY ACTION OR CLAIM RELATED TO THE WEBSITE OR THE SERVICES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE OR ANY OTHER THEORY OF LIABILITY, FOR ANY AMOUNT THAT EXCEEDS THE SUM OF: (I) THE MOST RECENT ANNUAL MEMBERSHIP FEE PAID BY THE USER WITHIN THE TWELVE MONTH PERIOD IMMEDIATELY PRIOR TO THE CLAIM, AND (II) ANY FEES ACTUALLY PAID BY SUCH USER FOR SERVICES DIRECTLY RELATED TO THE CLAIM.
You agree that The ASBC, in its sole discretion, may terminate or suspend Your use of the Website and the Services at any time and for any or no reason. Upon such suspension or termination, You must immediately (i) discontinue use of the Web Site, and (ii) destroy any copies You have made of any portion of any content or material obtained from the Website. Accessing the Website or the Services after such termination, suspension or discontinuation shall constitute an act of trespass. Further, You agree that the ASBC shall not be liable to You or any third party for any termination or suspension of Your access to the Website and/or the Services.
Governing Law and Venue
Severability and No Waiver
Notices, comments and inquiries may be sent to:
The American Small Business Coalition
PO Box 2786
Date of Last Update: September 6, 2011
These policies govern the registration for and participation in events hosted by The ASBC.
If You make a reservation but are unable to attend, The ASBC is still responsible for the cost of Your event reservation. As We sometimes have a waiting list, please let Us know even if You must cancel Your reservation later than the refund deadline.
(Updated January 11, 2011)
Our concern is for the safety of our guests and staff. We will use our best discretion in making decisions regarding our events and will typically utilize weather and emergency guidelines of local, state and federal authorities in the geographic area where our events are to be held. In the event that inclement weather or a local emergency causes our events to be postponed or canceled, The ASBC will take the following steps to notify registered guests of the status of the event(s):
Guests who have submitted and received confirmation of payment for events that are postponed or canceled will receive a credit which may be used for a future event. Refunds are at our discretion and will be issued in accordance with the Refund Policy below.
Scheduled Speakers (updated September 1, 2009)
We will accept checks based on Your acceptance of the following conditions:
Credit Card Users agree to allow The ASBC a seven (7) business day cure period to provide a resolution in the case of a dispute. If You feel that You have been charged incorrectly, please call us or send an email to email@example.com with details of the charged amount, date of charge and the reason You believe an error has been made. The ASBC will respond with acceptance of Your inquiry, research the charge and provide a response to You within seven (7) business days from the date we receive Your inquiry.
By accepting this agreement, You agree to reimburse The ASBC for bank and service fees in the event that You do not provide us the seven (7) day cure period to resolve the matter. Additionally, You agree to reimburse The ASBC for all charges associated with collecting this reimbursement if payment is not received by The ASBC within fourteen (14) business days from the date You are notified that Your dispute was incorrectly lodged.
All refund requests are subject to review by The ASBC.
Date of Last Update: July 23, 2009
The ASBC respects and strives to vigorously protect the privacy of its Members and all other Users of the Website.
Collection of Personal Information
The ASBC collects personal information on the Website in the following ways:
Use of Personal Information
Personal information collected on the Website is used by The ASBC for administration of Services, for exchange among Members over Members-only areas of the Website, and for the information of participating agencies of the United States Government with respect to business opportunities for Members doing business as government contractors.
The ASBC will not disclose credit card information provided by Members and Users other than to appropriate clearing houses as needed to obtain payment. Credit card information is not stored by the ASBC in any way in which it can be re-used.
Access to Personal Information
Access to Member profile information over the Website is restricted to other Members and to participating agencies of the United States Government for the furtherance of the purposes of The ASBC to conduct market research and identify potential teaming partners for Member companies.
Access to the databases containing personal information collected on the Website is restricted to the leadership and employees of The ASBC who are responsible for collecting the data and whose duties require them to use the data.
Communications and Opt-Out
The ASBC sends all newly registered Members a welcome email to verify their email addresses. At times, The ASBC sends Service announcements to registered Users. Members cannot unsubscribe from Service announcements that discuss upcoming changes that affect their accounts. In addition, we communicate with Members via personal emails or phone calls to provide requested Services.
Members may choose to receive, or may opt-out of, monthly e-newsletters containing information on The ASBC Services and announcements.
Payment transactions performed through The ASBC Website are conducted in a Secure Socket Layer (SSL) session. The Secure Socket Layer encrypts all transaction data for transmittal in a format that prevents data theft. This process protects all private information from being disclosed to third parties. While on a secure page, the lock icon at the bottom of a Web browser (i.e. Netscape Navigator and Microsoft Internet Explorer) becomes locked.
While The ASBC uses encryption to protect sensitive information online, We also institute measures to protect member information offline.
Corrections and Concerns
Members may access their own profiles at any time through the Members-only portion of the Website to update and/or correct their personal information.