Permitted and Prohibited Uses. You may use the NFC Forum web site for the sole purpose of allowing NFC Forum professionals to share and exchange their ideas. You may not use the NFC Forum web site to violate any applicable local, state, national, or international law, including without limitation any applicable laws relating to antitrust or other illegal trade or business practices, federal and state securities laws, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, and any U.S. laws, rules, and regulations governing the export and re-export of commodities or technical data. You may not upload or transmit any material that infringes or misappropriates any person’s copyright, patent, trademark, or trade secret, or disclose via the NFC Forum web site any information the disclosure of which would constitute a violation of any confidentiality obligations you may have. You may not upload any viruses, worms, Trojan horses, or other forms of harmful computer code, nor subject NFC Forum’s network or servers to unreasonable traffic loads, or otherwise engage in conduct deemed disruptive to the ordinary operation of NFC Forum’s web site. You are strictly prohibited from communicating on or through this site any unlawful, harmful, offensive, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically, or otherwise objectionable material of any sort, 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. You are expressly prohibited from compiling and using other Users’ personal information, including addresses, telephone numbers, fax numbers, email addresses or other contact information that may appear on the web site, for the purpose of creating or compiling marketing and/or mailing lists and from sending other Users unsolicited marketing materials, whether by facsimile, email, or other technological means. You also are expressly prohibited from distributing Users’ personal information to third-party parties for marketing purposes. NFC Forum shall deem the compiling of marketing and mailing lists using Users’ personal information, the sending of unsolicited marketing materials to Users, or the distribution of Users’ personal information to third parties for marketing purposes as a material breach of these Terms and Conditions of Use, and NFC Forum reserves the right to terminate or suspend your access to and use of this site and to suspend or revoke your membership in the consortium without refund of any membership dues paid. NFC Forum notes that unauthorized use of Users’ personal information in connection with unsolicited marketing correspondence also may constitute violations of various state and federal anti-spam statutes. NFC Forum reserves the right to report the abuse of Users’ personal information to the appropriate law enforcement and government authorities, and NFC Forum will fully cooperate with any authorities investigating violations of these laws.
User Submissions. NFC Forum does not want to receive confidential or proprietary information from User through this site. Any material, information, or other communication you transmit or posts (“Communications”) to NFC Forum’s web site will be considered non-confidential and non-proprietary, and NFC Forum will be under no obligation of any kind with respect to such information. NFC Forum will be free to reproduce, make derivative works from, use, disclose, and distribute the Communications to others without limitation. At our sole election, NFC Forum may provide authorship attribution by listing your name.
User Discussion Forums. NFC Forum may, but is not obligated to, monitor or review any areas on NFC Forum’s web site where users transmit or post communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such communications. NFC Forum, however, will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. NFC Forum may edit or remove content on the NFC Forum web site at its discretion at any time.
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Termination. These Terms and Conditions of Use are effective until terminated by either party. If you no longer agree to be bound by these Terms and Conditions, you must cease use of this web site. If you are dissatisfied with this web site, its content, or any of these terms, conditions, and policies, your sole legal remedy is to discontinue using this web site. NFC Forum reserves the right to terminate or suspend your access to and use of this site, or parts of this site, without notice, if we believe, in our sole discretion, that such use (i) is in violation of any applicable law; (ii) is harmful to our interests or the interests, including intellectual property or other rights, of another person or entity; or (iii) where NFC Forum has reason to believe that you are in violation of these Terms and Conditions of Use.
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General. NFC Forum is based in the United States. NFC Forum makes no claims that the Content on the site is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms are governed in all respects by the laws of the State of Delaware, excluding Delaware’s conflicts of laws provisions. The provisions of the UN Convention on Contracts for the International Sale of Goods will not apply to these Terms. A party may give notice to the other party only in writing at that party’s principal place of business, attention of that party’s principal legal officer, or at such other address or by such other method as the party shall specify in writing. Notice shall be deemed given upon personal delivery or facsimile, or, if sent by certified mail with postage prepaid, 5 business days after the date of mailing, or, if sent by international overnight courier with postage prepaid, 7 business days after the date of mailing. If any provision herein is held to be unenforceable, the remaining provisions will continue in full force without being affected in any way. Further, the parties agree to replace such unenforceable provision with an enforceable provision that most closely approximates the intent and economic effect of the unenforceable provision. Section headings are for reference purposes only and do not define, limit, construe or describe the scope or extent of such section. The failure of NFC Forum to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit NFC Forum’s rights with respect to such breach or any subsequent breaches. Any action or proceeding arising out of or related to this Agreement or User’s use of this site must be brought in the state or federal courts of the State of Delaware, and you consent to the exclusive personal jurisdiction and venue of such courts. Any cause of action you may have with respect to your use of this site must be commenced within one (1) year after the claim or cause of action arises. These Terms set forth the entire understanding and agreement of the parties, and supersedes any and all oral or written agreements or understandings between the parties, as to their subject matter. The waiver of a breach of any provision of this Agreement shall not be construed as a waiver of any other or subsequent breach.
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