: : : N C A : : : TERMS

The National Construction Alliance (“NCA”), with its service provider, operates this site in order to provide access to information about the NCA and its affiliates. Your access to this site constitutes acceptance of the terms and conditions set forth herein (“Terms of Use”). The NCA reserves the right to modify the Terms of Use without prior notice. Your use of this site will constitute your agreement to be bound by the Terms of Use as amended or modified. The date of the most current Terms of Use is below.

Site Usage
You may use the NCA website, hereinafter referred to as the “Site”, to access the information, images and/or other media you see, hear or experience on the Site (singly or collectively, the “Content”), solely for your non-commercial, personal purposes and/or to learn about the NCA. No rights, title or interest in any Content is transferred to you, whether as a result of downloading Content or otherwise. The NCA reserved complete title and full intellectual property rights in all Content. You may not use, alter, copy, distribute, transmit or derive another work from any Content obtained from the Site or the Service, except as expressly authorized by the Terms of Use.

Copyright
The copyrights in the Content are owned by the NCA or other copyright owners who have authorized their use on the Site. You may download and reprint Content for non-commercial, non-public, personal use only. (If you are browsing this Site as an employee or member of any business or organization, you may download and reprint Content only for educational or other non-commercial purposes within your business or organization, except as otherwise permitted by the NCA. You may not manipulate or alter in any way images or other Content on the Site without specific permission from the NCA or the copyright owner.

Trademarks
You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the NCA or other trademark owner, except as permitted by applicable law.

Links to Third-Party Web Sites
Links on the Site to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by the NCA of the third party, the third-party web site, or the information contained therein. The NCA is not responsible for the availability of any such web sites. The NCA is not responsible or liable for any such web site or the content thereon. If you use the links to the web sites of NCA affiliates or service providers, you will leave the Site, and will be subject to the terms of use and privacy policy applicable to those web sites.

Linking to this Site
Unless specifically authorized by the NCA, you may not connect “deep links” to the Site (for example, create links to this site that bypass the home page or other parts of the Site). You may not mirror or frame the home page or any other pages of this Site on any other web site or web page.

Downloading Files
The NCA has taken every reasonable step to ensure that files placed on the Site by the NCA are safe. However, the NCA cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.

Disclaimer of Warranties
THE NCA MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. THE NCA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. THE NCA DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. THE NCA DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

Limitation of Liability
IN NO EVENT WILL THE NCA BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF THE NCA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE NCA’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.

Indemnification
You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless the NCA, its affiliated unions and contractors, companies, joint ventures, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of this Agreement.

Privacy Policy
See The NCA's Privacy Policy.

User Conduct
You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.

User Supplied Information
The NCA does not want to receive confidential or proprietary information from you via the Site. You agree that any material, information, or data you transmit to us or post to the Site will be considered non-confidential and non-proprietary. If you supply or post any information or material to the Site, you guarantee to us that you have the legal right to post such material and that it will not violate any law or the rights of any person or entity. By posting material on the Site, you give the NCA the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from this material, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.

General Provisions
These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by the NCA of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. The NCA therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. The NCA does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to this Agreement, the NCA’s Privacy Policy, your use of the Site, any other NCA web site, the Service, or the Content are governed by, and will be interpreted in accordance with, the laws of the District of Columbia, without regard to any conflict of laws provisions.

Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent via US Mail to:

National Construction Alliance
Attn: Website Administrator
905 16th St., NW
Washington, DC 20006

The notification, to be effective, must include:

a). A physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b). Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
c). Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the NCA to locate the material;
d). Information reasonably sufficient to permit the NCA to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
e). A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f). A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receipt of written notification containing the information outlined in items (a) through (f), the NCA will

1). Remove or disable access to the material that is alleged to be infringing;
2). Take reasonable steps in good faith to investigate the claim;
3). Inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten (10) business days;
4). Replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following notification to the Complaining Party.

November 1, 2006
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