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”).
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.
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.
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.
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 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).
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.
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.
Applicable Law, Severability and Waiver
Third Party Service Providers
Complaints and Violations
455 E. Eisenhower Parkway, STE 270
Ann Arbor, MI 48108
United States of America
Effective Date: March 29, 2021