Terms & Agreement

NABO
Subscriber Agreement

Billing & Delivery:

Your Credit Card will be processed by NABO, LLC and show up on your statement as a charge by NABO, LLC or NATIONAL ASSOCIATION OF BUSINESS OWNERS. By clicking on the “I AGREE” check box, you hereby authorize NABO, LLC to charge your designated credit card for the amount indicated. You also authorize the subscription payments indicated on the order form. You are responsible for ensuring that the address and email you provide on the form is accurate and deliverable. Once payment is successfully processed, you will receive an email at the address you provided on the form with your login information for the membership area.

The membership site is provided by NABO, LLC. Your access to and use of the Site is governed by this Subscriber Agreement (“Agreement”). As used in this Agreement, NABO, LLC, “we,” “us,” or “our” refers to NABO, LLC, and “you” or “your” refers to you, the user of the Site. The Agreement below is the agreement you consented to upon subscribing to the site. The Agreement does not apply to use of the publicly available Web Site maintained by NABO, LLC.

1. Access and Passwords

As part of the subscription process for this Site, you have selected or been assigned a particular username and password in accordance with NABO, LLC’s username and password guidelines. YOU AGREE THAT YOU ARE THE ONLY INDIVIDUAL ENTITLED TO ACCESS THE SITE USING YOUR USERNAME OR PASSWORD, AND YOU AGREE NOT TO PERMIT OTHERS TO ACCESS THE SITE USING YOUR USERNAME OR PASSWORD. You agree that all actions taken by you, or any other user that accesses the Site using your username and password, at or through the Site, will be attributed to and legally bind you, even with respect to acts for which the user had no actual authority or made an error. You assume all resulting liability from use of the Site and any services available on it by you or others using your username or password. If you lose your username or password, please contact us at: support@NABO.org.

2. Subscription Fees and Payments

You can always find the current Subscription Fees posted on our site or by sending an email, requesting this information, to support@NABO.org.

Your subscription will continue and renew automatically, unless terminated by NABO, LLC or until you notify NABO, LLC by customer Service Trouble Ticket, or as designated on the Site, of your decision to terminate your subscription. It is understood that said termination will cancel all benefits associated with membership including any insurance benefits.

If there are any annual, monthly, or similar periodic fees for your subscription, these fees will be billed automatically to the credit card designated during the registration process for the Site or subsequently designated by you to NABO, LLC, at the start of the annual, monthly, or similar period, and at the start of each renewal period, unless you terminate your subscription before the relevant period begins. You agree to pay or have paid all fees and charges incurred in connection with your username and password for the Site (including any applicable taxes) at the rates in effect when the charges were incurred.

Your first membership charge is covered by a 30-day money back guarantee. All other fees and charges are nonrefundable. NABO, LLC may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. All fees and charges incurred in connection with your NABO, LLC username and password will be billed to the credit card designated during the registration process for the Site or subsequently designated by you to NABO, LLC. If you want to designate a different card or there is a change in credit card validity or expiration date, or if you believe someone has accessed the Site using your username and password without your authorization, you may email us at support@NABO.org. You are also responsible for any fees or charges incurred to access the Site through an Internet service provider or other third party service. YOU, AND NOT NABO, LLC, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY WHICH WERE NOT AUTHORIZED BY YOU.

3. Privacy

Our Privacy Notice is a part of this Agreement and its terms are incorporated herein by this reference. Please read it now at the link on our site.

4. User Conduct

The Site may contain bulletin board services, news groups, forums, and/or other message or communication facilities (“Communication Services”) designed to enable you to communicate with others. You agree to use the Communication Services only to submit or post messages and material that are proper and, when applicable, related to the particular Communication Service. You are also prohibited from submitting to, posting or transmitting through NABO, LLC any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. Content that consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” is prohibited. You may not use a false email or postal address, impersonate any person or entity, or otherwise mislead as to the origin of your posted content.

Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties are those of the respective authors or distributors and not of NABO, LLC nor its affiliates, not any of their officers, directors, employees, or agents. You acknowledge that NABO, LLC does not pre-screen all content, but that NABO, LLC and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any content that is made available via the Communication Services. Without limiting the foregoing, NABO, LLC and its designees shall have the right to remove any content that violates this Agreement or is otherwise objectionable in the sole discretion of NABO, LLC. You specifically agree that NABO, LLC is not responsible for any content sent using and/or included in the Site by any third party.

5. Copyright and Restrictions

This Web site contains proprietary material of NABO, LLC (or material that other suppliers have licensed to NABO, LLC for their use) which is protected by copyright and other laws respecting proprietary rights. NABO, LLC retains all rights in the material and media, including (without limitation) all copyright and other proprietary rights worldwide in all media. You may not use NABO, LLC except as expressly permitted under this Agreement and under U.S. copyright laws. Any routine and/or systematic redistribution of any portion of the products licensed herein is expressly prohibited.

End users who are duly authorized may access NABO, LLC for individual use, i.e., may view the information on screen; may download small portions of the information to a computer disk for personal convenience and later reference; and may print paper copies of small portions for personal use only.

The rights granted here are an expansion of the rights granted under the Copyright Act and do not include any rights to reproduce in its entirety any portion of the information or materials contained therein. No part of the information may be duplicated in any medium or format beyond the express terms of this Agreement without prior written authorization from NABO, LLC. Any use not authorized by the Agreement is prohibited and is not a fair use under the U.S. copyright law.

You acknowledge that the information on the Site (and the licensed materials contained therein) is highly proprietary in nature and that unauthorized copying, transfer or use may cause NABO, LLC and/or NABO, LLC’s suppliers irreparable injury that cannot be adequately compensated for by means of monetary damages. You agree that any breach of this provision by you, or any subscriber or end-user, may be enforced by NABO, LLC, and/or any of NABO, LLC’s suppliers, by means of equitable relief (including, but not limited to, injunctive relief) in addition to any other available rights and remedies.

You agree that any supplier of any portion of the licensed materials may enforce its rights against you, even though that supplier is not a party to the Agreement.

You may not and may not permit others to: reproduce, publish, distribute, sell, or otherwise access or use any material retrieved from or contained in or on this Site in any manner whatsoever that may infringe any copyright or proprietary interest of NABO, LLC; distribute the information contained in and/on this Site to other users not duly authorized to access the Site; distribute, rent, sublicense, lease, transfer or assign the information or Agreement; decompile, disassemble, or otherwise reverse-engineer this Site or information contained in or on this Site or any software contained therein, or alter, translate, modify, or adapt it to create derivative works. Unauthorized reproduction, transfer, and/or use may be a violation of criminal as well as civil law.

You are expressly prohibited from placing or installing any portion of the information on any electronic media, including, but not limited to, local or wide area networks, timesharing services, multiple processing units, multiple site arrangements, service or software rental bureaus, list servers, online services, electronic bulletin boards or forums, World Wide Web sites or any other server that is Internet-enabled, without written authorization by NABO, LLC.

If you breach any provision of this Agreement, NABO, LLC may immediately terminate this Agreement and all licenses granted hereunder without prior notice and in addition to any other available rights and remedies

6. Limitations on Use

The following activities are prohibited. You agree not to:

a. Use Web-accelerated browsers or products (including but not limited to NetJet, NetSonic, MSIECrawler and Teleport-Pro), or other applications that are capable of copying large portions of content from the Site. NABO, LLC can detect the use of these systems through live logfile analysis and will ban any future use by offenders.

b. If you are using a robot/crawler to check NABO, LLC links, it must operate according to the robot guidelines. Do not leave new robots unattended and allow a minimum of 1 minute between automated requests.

c. Use any device, software or routine or the like to interfere or attempt to interfere with any Site functionality;

d. Take any action that imposes an unreasonable or disproportionately large load on the Site infrastructure;

e. Use any email addresses appearing on the Site for purposes not relating specifically to the Site;

f. Access the Site by any means other than through the interface that is provided by NABO, LLC, or attempt or access any area of the Site to which your access is not authorized;

g. Reverse engineer, reverse assemble or otherwise attempt to discover any source code relating the Site, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

h. Purchase Membership to NABO and receive commission for your own subscription.

7. Accuracy and Availability of Information

The Site contains database information and other content compiled by NABO, LLC. While we use commercially reasonable efforts to provide accurate information, NABO, LLC gives no warranty as to the accuracy of the database and other content on the Site. NABO, LLC reserves the right to withdraw or delete information or content from the Site at any time.

8. Links to Third Party Sites

NABO, LLC does not endorse the content on any third-party Web site, including Web sites of NABO, LLC’s affiliates (“Third-Party Sites”). NABO, LLC is not responsible for the content of Third-Party Sites that you reach through links on the Site, sites framed within the Site, or third-party advertisements on the Site, and we do not make any representations regarding their content or accuracy. Your use of Third-Party Sites is at your own risk and subject to the terms and conditions of use for such sites. Any transaction that you conduct at a Third-Party site will be between you and the party providing that Web site. This means that NABO, LLC is not your agent and is not a party to any transaction at a Third-Party Site.

9. Representations and Warranties

You represent and warrant to NABO, LLC that: (a) you possess the legal right and ability to enter into this Agreement; (b) all information submitted by you to the Site is true and accurate; (c) you will be responsible for all use of your username and password even if such use was conducted without your authority or permission; (d) you are at least 18 years old; and (e) you will not use the Site for any purpose that is unlawful or prohibited by this Agreement.

10. Disclaimer of Warranties

ALL CONTENT, SOFTWARE, AND OTHER SERVICES PROVIDED AT OR FOUND WITHIN THIS SITE BY NABO, LLC AND ITS AFFILIATES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS,” WITHOUT WARRANTIES OF ANY KIND, AND NABO, LLC AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NABO, LLC DOES NOT MAKE ANY WARRANTIES REGARDING THE FOLLOWING: (a) AVAILABILITY OF THE SITE AT ANY PARTICULAR TIME; (b) ACCURACY OF THE CONTENT OR HOW CURRENT ANY CONTENT IS THAT IS FOUND ON THE SITE; (c) TRANSMISSIONS TO, FROM OR WITHIN THE SITE; (d) FUNCTIONALITY; (e) LACK OF VIRUSES; (f) COMPLIANCE OF THE SOFTWARE, SERVICES AND CONTENT PROVIDED UNDER THIS AGREEMENT WITH UNITED STATES, FEDERAL OR STATE LAWS; OR (g) THAT THE SOFTWARE, CONTENT OR SERVICES CONTAINED IN THE SITE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY.

11. Limitation of Damages

IN NO EVENT WILL NABO, LLC OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF OR UNAUTHORIZED ACCESS TO INFORMATION, AND THE LIKE, EVEN IN THE EVENT OF FAULT, TORT, BREACH OF CONTRACT, OR BREACH OF WARRANTY, AND EVEN IF NABO, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. Limitation of Liability; Exclusive Remedy

ALSO, IN NO EVENT WILL NABO, LLC OR ANY OF ITS AFFILIATES BE LIABLE TO YOU AND/OR ANY AGENCY FOR ANY AMOUNT IN EXCESS OF THE TOTAL DOLLAR AMOUNT ACTUALLY RECEIVED BY NABO, LLC FROM YOU FOR ACCESS TO THE SITE AND ANY OF THE SERVICES AVAILABLE AT THE SITE DURING THE YEAR PRIOR TO YOUR CLAIM.

13. Indemnity

You agree to indemnify and hold us harmless, and pay our attorney’s fees and costs, if we become liable for or incur any damages in connection with your breach of this Agreement. You may not settle any dispute without our prior consent, which may only be given in a non-electronic writing signed by an authorized representative of NABO, LLC.

14. Consent to Electronic Notices and Other Communications

You agree that all of your transactions relating to the Site may, at our option, be conducted electronically, including any that we are otherwise required to provide in writing. For example, we may send you notices via postings at the Site or via email to any email address that you provide to us during registration as a Site member. If you do not wish to deal with us electronically, you should not use the Site or enter into this Agreement. If applicable law now or later requires us to communicate with you non-electronically, we reserve the right to charge a fee for doing so. Notice will be deemed given 24 hours after the email is sent, unless (for email) we are notified that the email address is invalid. Alternatively, we may give you notice by mail to the address provided during registration.

15. Print a Copy for Your Records

You agree to print or make an electronic copy of this Agreement (and any amendment from time to time) and retain it in your records. You also agree to make a copy of any other information that we deliver to you in writing.

16. Termination

NABO, LLC may terminate your subscription and/or access, or suspend access to all or part of the Site, without notice, for any conduct that NABO, LLC, in its sole discretion, believes is in violation of this Agreement, any applicable law, or any act which is harmful to the interests of another user, service provider, or NABO, LLC. NABO, LLC may also elect not to renew your subscription and access by providing a notice of nonrenewal prior to the end of your current subscription term. Applicable sections of this agreement will survive any termination or expiration of this Agreement. In the event of said termination, it is understood that you will lose all benefits available through NABO membership including any insurance coverage.

You may cancel your NABO membership at any time by sending an email to support@NABO.org and informing them of your intentions to cancel. Your membership cancellation is subject to the following conditions.

*Monthly Membership:
I understand: If I cancel my Monthly Membership within the first 5-days of any given ”Membership Month” I will be refunded my monthly Membership Dues for that month if requested at the time of cancellation. I will be immediately removed from NABO and I will no longer get access to any of the benefits. I also understand I will NO LONGER receive any commission payments because I must be a current “paid up” NABO Member in order to receive affiliate commission from NABO, LLC.

I understand: If I cancel my membership AFTER the first 5-days of my Membership Month I will NOT receive a refund for that “Membership Month”. I will retain Membership, with all privileges, for the remainder of that Membership Month. At the end of that Membership Month, I will be immediately removed from NABO and I will no longer get access to any of the benefits. In the event of said cancellation, it is understood that you will lose all benefits available through NABO membership including any insurance coverage. I also understand I will NO LONGER receive any commission payments because I must be a current “paid up” NABO Member in order to receive affiliate commission from NABO, LLC.

I further understand that if I stop paying my NABO monthly membership Dues I will be immediately removed from NABO and I will no longer get access to any of the benefits. In the event of said cancellation, it is understood that you will lose all benefits available through NABO membership including any insurance coverage. I also understand I will NO LONGER receive any commission payments because I must be a current “paid up” NABO Member in order to receive affiliate commission from NABO LLC.

(* For this purpose a “Membership Month” commences on the date my order was originally processed and runs for a period of 30 days, at which time my Credit Card is automatically billed for another Membership Month. This process continues until I cancel my Membership.)

(Any NABO Member who withdraws from the Monthly Membership program will be subject to the prevailing monthly dues rates if he or she wishes to re-apply at a later date which may be higher than the initial membership dues amounts.)

In the event of any termination and/or cancellation of NABO membership, it is understood that you will lose all benefits available through NABO membership including any insurance coverage.

17. Assignment

You agree not to assign your rights under this Agreement without the consent of an authorized representative of NABO, LLC in a non-electronic record, and any assignment without NABO, LLC’s consent will be voidable at NABO, LLC’s option. This Agreement will inure to the benefit of and bind the parties, respective successors and permitted assigns.

18. Applicable Law and Disputes

This Agreement is governed by the laws of the State of Arkansas, without regard to principles of conflict of laws.

To the extent you have in any manner violated or threatened to violate NABO, LLC and/or its affiliates’ intellectual property rights, NABO, LLC and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of Arkansas, and you consent to exclusive jurisdiction and venue in such courts.

Any other disputes will be resolved as follows:

If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Little Rock, AR. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.

If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Little Rock, AR, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.

19. Amendments

NABO, LLC may change the provisions of this Agreement. When NABO, LLC changes the terms of this Agreement, NABO, LLC will notify you by online postings in the Membership Area. The changes will also appear in this document, which you can access any time in the membership Area. You already agreed to be bound by the changes when you first subscribed to the site. If you do not agree to be bound by the changes, you should not use the Site again and you should cancel your subscription to the Site. In the event of said cancellation, it is understood that you will lose all benefits available through NABO membership including any insurance coverage. Even if you have not clicked on the “I Agree” button or checked the “I Agree” box when subscribing, if you use the Site after you have been notified of a change to this Agreement, you are agreeing now to be bound by that change.

20. Entire Agreement; Severability; No Waiver

This Agreement (including all documents incorporated by reference) is the entire agreement between the parties for its subject matter and supersedes all prior and contemporaneous communications between the parties. No term of this Agreement may be waived by NABO, LLC except in a signed, non-electronic writing signed by an authorized representative of NABO, LLC.

21. General

If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties agree that its remaining provisions will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that no joint venture, partnership, employment or agency relationship exists between you and NABO, LLC or its affiliates as a result of this Agreement or your use of the Site.

Copyright 2011 NABO LLC. All Rights Reserved.