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Terms of Use

This website is owned and operated by The National Advanced Mobility Consortium (“NAMC”, “we”, or “us”). These Terms of Use apply to the NAMC website, https://www.namconsortium.org, and its related sites (the “Site”).

You should carefully read these Terms of Use. Your access to and use of this Site are governed by these Terms of Use, which are a legally binding contract between you and NAMC. In addition, when using a particular service and/or accessing certain materials on or through this Site, you will be subject to any posted terms, conditions and rules applicable to the service and/or materials, which are incorporated into these Terms of Use and govern any conflict or inconsistency with these Terms of Use. Your customer relationship with NAMC regarding your personal information is also governed by NAMC’s Privacy Policy, which is also posted on this Site.

BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND THE NAMC PRIVACY POLICY. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, PLEASE DO NOT USE THIS WEBSITE OR PROVIDE US WITH YOUR INFORMATION VIA THE WEBSITE.

Amendments to Terms of Use

NAMC reserves the right to change the terms and conditions of these Terms of Use, the Privacy Policy and/or any of its other terms, conditions and rules relating to the Site, at any time in its sole discretion. NAMC shall notify you of such changes by posting the changes on the Site. You are responsible for regularly reviewing the Site and these Terms of Use regarding such changes. Continued use of the Site after any such changes have been posted shall constitute your agreement to them.

Site Materials, Services and Software

Through the Site, NAMC may make available to you: (a) certain audio and visual articles, text, information, data, images, illustrations, photographs, video, documents and other materials contained or displayed in or made available through the Site (collectively, the “Materials”); and (b) various services and functionality (collectively, the “Services”).

NAMC and its licensors grant to you a personal, non-exclusive, non-transferable license to: (a) access, view, download, print, use and display Materials; and (b) use the tools and software on the Site (collectively, “Software”) solely for your own informational use. In these Terms of Use, all references to the “Site” shall be deemed to include all “Software,” “Materials” and “Services,” unless otherwise expressly indicated. All rights not expressly granted by NAMC to you are retained by NAMC, and you may not use the Site and/or any element of the Site in any manner or for any purpose not expressly authorized by these Terms of Use. The rights granted to you do not include, and are not applicable to, the design or layout of the Site, which are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

The Site design, text and graphics, and the selection and arrangement of such elements are copyrighted and are protected by worldwide copyright laws and treaty provisions. Unless otherwise indicated, all product and service marks and logos displayed on the Site are subject to the trademark rights of NAMC, its affiliates, or its business partners. You shall not: (a) remove or destroy any proprietary rights marks or legends on or in the Site; (b) modify, enhance, adapt, translate, or create derivative works of the Site; (c) republish, post, transmit, transfer, distribute, assign, sublicense, rent, lease or sell the Site; (d) decompile, disassemble or reverse engineer the Site; (e) reproduce or make copies of the Site; (f) “frame” or “mirror” the Site on any other server or Internet-based device; and/or (g) access, view, download, print, use and/or display the Site for any commercial or other money-making purpose; (h) use any data mining, robots, or similar data gathering and extraction tools; or (i) use any meta tags or any other "hidden text" utilizing NAMC’s name or trademarks without our express written consent. You acknowledge that certain elements of the Site are, or may in the future be, licensed to NAMC by third parties and that the availability of such elements may cease automatically, without notice or liability on the part of NAMC.

NAMC and/or its licensors own and shall retain all rights, title and interests, including all intellectual property rights, in and to the Site, and all elements thereof. Except for the express licenses granted to you herein, you neither have nor acquire any rights, title or interests in or to the Site, or any element thereof.

Eligibility

NAMC may, in its sole discretion, refuse to offer this Site or the Services to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site or Services is revoked in such jurisdictions. NAMC operates this Site from its office within the United States. NAMC makes no representation that content and materials on this Site are legal or appropriate for use from outside the United States, and all members must be based in the United States. Please keep in mind that this Site may not conform with the laws of your country. If you access this Site from outside the United States, you do so at your own risk. You may not use the Site or any Services in violation of United States export laws and regulations.

Site Access, Registration, and Passwords

You may browse the Site and view certain Materials without registering, but as a condition to using certain aspects of the Site, you must be a member of NAMC and must create a username and password to set up a member account (“Account”). Your access to and use of such Account is governed by these terms as well as your organization’s membership agreement with NAMC and such additional terms and conditions as may be posted in the membership portal.

Confidentiality

Through your Account, you will have the ability to access other members’ contact information as well as specific government Request for Prototype Projects (“RPPs”) and other government information and information provided by NAMC to its members that is not publicly available (“Protected Information”). THIS PROTECTED INFORMATION IS PROVIDED AS PART OF YOUR MEMBERSHIP BENEFITS AND IS INTENDED TO BE KEPT STRICTLY CONFIDENTIAL. YOU REPRESENT AND WARRANT THAT YOU WILL NOT DISTRIBUTE THE PROTECTED INFORMATION TO, OR SHARE WITH, ANY THIRD PARTY OR ORGANIZATION THAT IS NOT A NAMC MEMBER. The sole exception to the above restriction is that you may, for the sole purpose of preparing a proposal, share a limited subset of such Protected Information with third party entities that you believe are strong candidates to serve as subcontractors on a specific project, provided that such subset shall consist of only the minimum amount of information that is necessary and required for you to: (a) solicit the technical input required to prepare the proposal; and (b) determine such third parties contractual eligibility and ability to function as a sub-contractor in the event the NAMC member is awarded a project (such as, for example, specific details regarding government/military project requirements, and other extracted and tailored technical information). You understand that the government information made available as part of your membership may be subject to United States export laws and regulations, and you represent and warrant that you will abide by such laws and regulations with respect to your handling of such information. You acknowledge and agree that the Protected Information may be subject to U.S. export administration laws and regulations. Diversion of such Protected Information contrary to U.S. law is prohibited. You agree that none of the Protected Information is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, unless expressly authorized in writing by the U.S. government. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

Prohibited Behaviors

Your ability to use this Site, including its membership features, depends on your compliance with community standards and the conduct guidelines set forth in these Terms of Use, as well as NAMC’s membership agreement. If you fail to conduct yourself appropriately, NAMC may revoke your privileges to use all or a portion of this Site and/or take other appropriate measures to enforce these community standards and conduct guidelines.

The following is a non-inclusive list of behaviors that are not permitted on the Site. You agree to:

  • not distribute or share outside of your organization any government, membership directory, or other information provided by NAMC to its members that is not publicly available;
  • not upload, post, transmit or otherwise make available any content or other material that is false, misleading, inappropriate, unlawful, harmful, harassing, threatening, or otherwise objectionable;
  • not post or distribute any information that is invasive of another's privacy, including providing or using any contact information without the written consent of the owner of such information;
  • not harvest or collect any information about or regarding other members or Account holders, including, without limitation, any personal data or information;
  • not send unsolicited commercial email or spam. This includes unethical marketing, advertising, chain letters or any other practice that is in any way connected with spam such as sending mass email to
  • recipients who haven't requested email from you;
  • not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • not upload, post or otherwise transmit any material that contains software viruses, malware or any other malicious code, files or programs;
  • not violate any applicable local, state, national or international law;
  • not allow usage by others in such a way as to violate these Terms of Use or any other applicable policy;
  • not use the Site for fraudulent purposes;
  • not sell, assign, rent, lease, act as a service bureau, or grant rights in the Site including, without limitation, through sublicense, to any other person or entity; or
  • not use this Site for the benefit of any third party or in any manner not permitted by this policy, or otherwise exceed the scope of the Services that exceed the scope of your use rights (i.e., by accessing and using the tools that you do not have a right to use).

User Content

You represent and warrant that all registration information you submit to NAMC is accurate and truthful. In certain portions of the Site, members may be allowed to submit information and/or other materials (individually and collectively, "Content"). All Content is the sole responsibility of the person by whom the Content was posted. NAMC does not control the Content posted on or through this Site and, therefore, NAMC does not guarantee the accuracy, integrity or quality of such Content.

You are solely responsible for any use or reliance on the Content, including on its accuracy, completeness, or usefulness. You acknowledge that we do not have any obligation to pre-screen Content, but that we and our designees shall have the right (but not the obligation) in our sole discretion to refuse or remove any Content that is available through our Site. Without limiting the foregoing, we and our designees shall have the right to remove any Content that violates these Terms of Use or any other applicable policy or is otherwise objectionable. You warrant that you have the right to disclose such Content and agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

We do not want to receive any confidential or proprietary information from you through this Site and will have no obligation to protect any such information. Unless otherwise agreed in writing by an authorized NAMC employee, any material, information or idea you transmit to NAMC or the Site by any means may be disseminated or used by NAMC without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing and marketing services. However, this provision does not apply to personal information that is subject to our Privacy Policy.

Privacy

Your use of our Site is subject to the NAMC Privacy Policy. Please read the NAMC Privacy Policy to understand the parameters of privacy when using our Site. The information that you make available as part of your public profile, and the information that you voluntarily post on this Site, are public and are not protected under our Web Site Privacy Policy. We reserve the right to monitor some, all, or none of the areas of this Site for adherence to these Terms of Use. You acknowledge that by providing you with the ability to post information on this Site, we are acting as a passive conduit for distribution and we are not undertaking any obligation or liability relating to any postings or activities on this Site.

Third Party Information

When you visit the Site, you could be directed to other sites that are beyond NAMC’s control. NAMC is not responsible for the content of any linked site or any link contained in a linked site owned or controlled by a third party. NAMC reserves the right to terminate any link or linking program or access to an RPP at any time. NAMC provides such links and content only as a convenience to you. NAMC has not endorsed, tested or verified any information, programs, companies, or products on sites to which it links. If you decide to access any third party sites linked to this Site and/or provide any personally identifiable information to such, you do so subject to the terms and policies applicable to those sites and entirely at your own risk.

NAMC may provide you information from third parties as part of this Site including RPPs. NAMC does not represent, endorse or guarantee the accuracy, completeness, timeliness, reliability or suitability of any information provided by third-parties. You agree that NAMC is not responsible for third party information accessible through this Site, including RPPs, opinions, advice, or statements, and you use such information at your own risk.

DISCLAIMER OF WARRANTIES

THIS SITE, INCLUDING ALL MATERIALS, SERVICES, SOFTWARE, INFORMATION AND OTHER CONTENT AVAILABLE ON AND/OR THROUGH THIS SITE, IS PROVIDED BY NAMC “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR CONTINUED AVAILABILITY. IN ADDITION, NO WARRANTIES SHALL ARISE FROM ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. BY USING THIS SITE, YOU ASSUME ALL OF THE RISKS ASSOCIATED WITH SUCH USE, AND YOU EXPRESSLY RELEASE NAMC, AND ITS THIRD PARTY INFORMATION AND SERVICE PROVIDERS, FROM ANY AND ALL LIABILITY, CLAIMS AND/OR LOSSES ARISING FROM OR CONNECTED WITH SUCH RISKS.

YOU ACKNOWLEDGE THAT THE SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS; THE SITE MAY BECOME INOPERABLE OR OTHERWISE UNAVAILABLE FOR PERIODS OF TIME; MATERIALS AND/OR SERVICES AT THE SITE MAY BE OR BECOME OUT OF DATE AND NAMC MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES. NAMC ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION, DOCUMENTS, SOFTWARE, MATERIALS AND/OR SERVICES WHICH ARE REFERENCED BY OR LINKED TO THIS SITE. REFERENCES TO THIRD PARTIES, THEIR SERVICES AND PRODUCTS, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.

LIMITATIONS OF LIABILITY

REGARDLESS OF THE FORM OF ACTION OR THEORY OF RECOVERY, IN NO EVENT SHALL NAMC, ITS LICENSORS AND/OR ITS SERVICE PROVIDERS BE LIABLE OR RESPONSIBLE TO YOU IN ASSOCIATION WITH THE SITE, OR YOUR USE THEREOF, FOR ANY: (A) INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF THEY ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES; (B) LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOST EXPECTANCY OR BUSINESS INTERRUPTIONS; OR (C) DIRECT DAMAGES IN EXCESS OF $50.00 U.S. DOLLARS. ANY CLAIM RELATED TO THE SITE MUST BE INITIATED WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT THAT GAVE RISE TO THE CLAIM. NAMC SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DELAY OR FAILURE IN THE SITE, OR ANY COMPONENT THEREOF, OR YOUR ABILITY TO ACCESS OR USE THE SITE, RESULTING FROM CAUSES OUTSIDE OF NAMC’S CONTROL, INCLUDING, WITHOUT LIMITATION, POWER OUTAGES, ACCIDENTS, STRIKES, FIRES, WAR OR ACTS OF GOD.

Nothing in Terms of Use is meant to exclude, restrict or modify any liability of NAMC under any law under any jurisdiction in which the Site is accessed, which law prohibits, restricts or modifies any portion of the limitation of liability or disclaimer of warranties set forth herein.

Termination

NAMC may terminate your access to this Site at any time and for any reason without prior notification. Additionally, NAMC may modify this Site at any time, and continuing to use the Site constitutes your agreement to such modifications. We may also, in our sole discretion and at any time, with or without notice, discontinue this Site or any portion of it, restrict the time the Site is available, or restrict the amount of use permitted. You agree that we may terminate or restrict your access to this Site under these Terms of Use or under any other applicable policy without prior notice. We reserve the right to bar any further access to such files and this Site. You agree that we will not be liable to you or any third-party for any termination of your access to this Site. Provisions that survive termination of these Terms of Use are those relating to ownership, limitations of liability, indemnification and others which by their nature are intended to survive.

Applicable Law, Severability and Waiver

In order to ensure consistency in the interpretation and enforcement of these Terms of Use and NAMC’s rights in the Site, these Terms of Use will be governed exclusively by the laws of the state of Michigan and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You expressly agree that any litigation or dispute arising between you and NAMC related, in any way, to the Site and/or these Terms of Use, and/or any and all disputes, actions, claims, or causes of action related thereto, shall be initiated and maintained only in the U.S. District Court for the Eastern District of Michigan, and/or the Circuit Court of the County of Washtenaw, Michigan. You expressly consent and irrevocably submit to the exclusive personal jurisdiction and venue of such courts.

If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be modified to the extent necessary to be valid and enforceable, and all other provisions of these Terms of Use shall remain in full force and effect. The failure of NAMC to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by NAMC in writing. No waiver shall be implied from a failure of either party to exercise a right or remedy. In addition, no waiver of a party’s right or remedy will effect the other provisions of these Terms of Use.

Indemnity

You agree to indemnify and hold NAMC, and its parents, subsidiaries, affiliates, officers, agents, co-branders, partners, licensors, and employees, harmless from any alleged claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of or related to: your use of this Site; your violation of these Terms of Use or any other applicable policy, including but not limited to your misuse of any NAMC member or government information, or other Protected Information; your violation of any rights of another; or breach of any representation or warranty made by you under these Terms of Use, whether you are a registered user or not. You are solely responsible for your actions when using this Site, including, but not limited to, costs incurred for Internet access.

Third Party Service Providers

NAMC may use third party service providers to help develop and maintain this Site and to provide specific services offered through this Site. You agree that the terms and conditions set forth in these Terms of Use, including all disclaimers of warranties and limitations of liability, inure to the benefit of any third party service providers engaged by NAMC. All references to NAMC are deemed to include its agents and service providers. All agents and service providers of NAMC will be authorized to use your personal information only for the purpose for which they are hired.

Complaints and Violations

If you have any complaints or wish to report any violation of these Terms of Use, please contact NAMC at:

NAMC
455 E. Eisenhower Parkway, STE 270
Ann Arbor, MI 48108
United States of America
Email: Info@NAMConsortium.org
Phone: (888)851-7917

Effective Date: March 29, 2021