The applicant for Membership (Applicant) in the National Ethics Association (NEA) acknowledges and agrees to abide by all of the terms and conditions for Membership as contained in this Application and Agreement to the Terms and Conditions for Membership in the NEA. These terms and conditions for Membership in the NEA may be amended or modified by the NEA from time to time at the sole discretion of the NEA. Applicant agrees that participation in the NEA and receipt of benefits of Membership in the NEA may be immediately terminated by the NEA, as a result of any violation of the NEA Terms and Conditions.
The following is a list of the NEA Member Terms and Conditions:
Applicant acknowledges and agrees that he or she has received and read this agreement and desires to become a Member of the NEA, consistent with its Terms and Conditions. Furthermore, the applicant agrees to uphold NEA's four guiding values as a condition of Membership:
The member shall be an individual business owner, professional, or employee, based in the United States, representing any industry or function in which ethics, compliance, and best practices are important considerations in doing business.
Subject to payment of member dues, the Member shall be entitled to all benefits as defined by this Agreement and as outlined on the NEA web site. These benefits include the ability to participate in the NEA online community, ability to access ethics resources on the NEA web site, rights to use the NEA Member logo, access to purchasing discounts, and other benefits of membership as specified on the NEA web site.
Applicant acknowledges and agrees that, during membership in the NEA, NEA grants the Member a non-exclusive, non-assignable and non-transferable license to use the NEA name and NEA Member logo ("NEA logo") on marketing, advertising and documents, subject to the Member's agreement to the following: (i) The NEA logo cannot be used in any way that implies or might be misunderstood by a reasonable person to suggest that any product or service that may be offered by the member has being sanctioned by, sponsored by, or associated with NEA, or that NEA has approved or endorsed a product, marketing concept, or service; (ii) for website or email use, Applicant acknowledges and agrees that the NEA Logo shall be hyper-linked to the NEA online home page at www.ethics.net for consumers to gain a proper understanding of the true meaning of membership in the NEA; (iii) Applicant acknowledges and agrees that the NEA Logo shall not be used, copied, reproduced, or altered in any manner and that the NEA may change or modify the NEA Logo at any time and at its sole discretion; (iv) Applicant acknowledges and agrees to, upon notice, immediately cease use of any discontinued NEA Logo and to adopt the most current NEA Logo for all NEA Member use applications: (v) Applicant expressly agrees to hold harmless, indemnify, and defend the NEA against all damages, expenses (including reasonable attorney's fees), costs, and any other harm that arises out of or relates to the failure of Applicant to refrain from ceasing use of any discontinued NEA Logo; (vi) Applicant acknowledges and agrees that membership in the NEA shall not give a Member of the NEA any legal rights relating to the NEA name, logo or intellectual property, beyond the rights specifically granted in this Agreement; (vii) Applicant acknowledges and agrees that as a Member of NEA, they may not misrepresent the meaning of their Membership including, but not limited to, identifying themselves to be or implying that their Membership is some form of professional title or designation.
Members may not engage in commercial solicitation or distribute mass communication of any kind to other Members. NEA reserves the right to suspend or cancel Membership related to violations of this policy.
Applicant agrees to grant NEA the right to include the Member's name, or the name of the Member's business in any lists published by the Association or in other public communication vehicles, including web sites, advertising, and collateral materials.
Applicant agrees to pay Membership dues as established and revised from time to time by NEA Management. Management reserves the right to establish reasonable fees or charges for additional services provided to its Members.
The Member, at the conclusion of their Membership period, may terminate their Membership by contacting NEA directly, or by electing not to pay NEA's renewal invoice whether mailed to the Member or submitted electronically.
9.1 Applicant acknowledges and agrees that the NEA reserves the right to refuse Membership to anyone. This means that Membership in the NEA may be denied or revoked for any reason that the NEA determines in its sole discretion to be good cause. In the event that Applicant’s NEA Membership is revoked, Applicant understands and agrees that they will discontinue all use of the NEA name, logo, and copyrighted or trademarked material. Applicant understands and agrees that if their Membership in the NEA is terminated by Applicant or revoked by the NEA within thirty (30) days of application for membership, Applicant will receive a full refund of any Membership dues, and a full refund of all material costs paid by applicant, less shipping and handling charges, if applicable. Applicant understands and agrees that refunds of the materials from the NEA will only apply to unused materials that are returned to NEA, and that all use of NEA name, logo, and copyrighted or trademarked material shall cease by Applicant in order to qualify for such a refund.
9.2 Applicant acknowledges and agrees that the NEA shall not be liable for any financial losses caused to Applicant, which could include any unused NEA products or services, as a result of Applicant being disqualified for NEA Membership due to a violation by Applicant of the NEA Terms and Conditions, or for any reason that the NEA determines in its sole discretion to be good cause.
9.3 Applicant acknowledges and agrees to receive communications from NEA, including, but not limited to, an electronic newsletter, email, and U.S. postal mail. NEA communications also include guidance on making optimal use of its products and services, information about ethics and best business practices, or information about your NEA Membership.
9.4 Applicant acknowledges and agrees to allow NEA to receive and process consumer complaints about him or her, as defined in NEA’s Frequently Asked Questions. Furthermore, applicant acknowledges and agrees that NEA reserves the right to revoke membership in the event it receives serious and repeated complaints about a member.
10.1 This End User Agreement constitutes the agreement between National Ethics Association (NEA) and Applicant as a user who accesses or establishes a connection to the ethics.net web site (NEA Services). By using or accessing NEA Services, Applicant agrees to the following conditions: (i) Applicant will not send or otherwise post unauthorized commercial communications (such as spam). (ii) Applicant will not collect users' content or information, or otherwise access NEA Services using automated means (such as harvesting bots, robots, spiders, or scrapers) without NEA’s express written permission. (iii) Applicant will not bully, intimidate, harass, threaten, or terrorize any user, or otherwise post content that is hateful, threatening, pornographic, sensitive, or confidential. (iv) Applicant will not use NEA Services to do anything unlawful, misleading, malicious, or discriminatory. (v) Applicant will not post content or take any action on NEA Services that infringes on or violates on the rights of anyone, or otherwise violates the law. (vi) Applicant will not provide any false personal information on NEA Services, or create a Member Profile for anyone else other than Applicant without permission. (vii) Applicant will keep their contact information accurate and current.
10.3 NEA reserves the right, in its sole discretion, to change any or all of the provisions of this Agreement at any time. NEA will notify users of any changes by posting them on NEA Services and through email. Any changes to this Agreement will be effective immediately upon notice to Member. Applicant’s use of NEA Services after notice of changes to this Agreement have been made will be deemed their acceptance of the changes.
10.4 NEA reserves the right, in its sole discretion, to change, limit, or discontinue any aspect, content, or feature of NEA Services, as well as any aspect pertaining to the use of NEA Services. NEA reserves the right to remove any content or information posted by its Members if NEA believes that it violates this Agreement, or for any reason that NEA determines to be good cause. NEA further reserves the right, in its sole discretion, to restrict the use of NEA Services as well as suspend or revoke Applicant’s rights to use NEA Services based on NEA's belief that Applicant’s use of NEA Services violates that permitted by this Agreement or applicable law.
10.5 If Applicant does not agree to the provisions of this agreement or are not satisfied with NEA Services, Applicant’s sole and exclusive remedy is to discontinue use of NEA Services.
11.1 Applicant expressly agrees that use of NEA Services is at their sole risk. Neither NEA, nor any of its affiliates, employees, agents, distributors, or third party content providers warrant that NEA Services will be uninterrupted or error free or that they will be free of viruses or other harmful components. Nor do they make any warranty as to the results that may be obtained from the use of NEA Services, or as to the accuracy, reliability, completeness, or contents of any information or material found on NEA Services, or provided through NEA Services, or any links to other sites made available on NEA Services.
11.2 NEA SERVICES, ALL CONTENT, MATERIAL AND INFORMATION FOUND ON THE NEA SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND NEA DISCLAIMS ANY AND ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
11.3 Applicant expressly agrees that under no circumstances, including, but not limited to negligence, shall NEA (or any of affiliates, employees, agents, distributors or third party content providers) be liable for any indirect, incidental, special or consequential damages that result from the use of, or the inability to use, any content, information and material on the NEA Services, or the NEA Services itself. NEA's liability, and the liability of its affiliates, or any of its or their officers, directors, employees, agents, contractors or suppliers, to Applicant or any third parties in any circumstance is limited to the fees paid by Applicant to NEA, if any, during the twelve (12) month period preceding a claim. These limitations apply regardless of whether the party liable or allegedly liable was advised, had other reason to know, or in fact knew of the possibility of such damages. Applicant specifically acknowledges and agrees that NEA (and any of its affiliates, employees, agents, distributors and third party content providers) is not liable for any defamatory, offensive or illegal conduct of any user, including Applicant. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages or liabilities. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
11.4 Applicant understands and agrees that the opinions expressed in member content are those of the author and do not necessarily state or reflect the views of the NEA. NEA makes no representations as to the accuracy, completeness or validity of member content.
To the maximum extent permitted by applicable law, Applicant will defend, indemnify and hold harmless NEA (and any of its affiliates, employees, agents, distributors or third party content providers) from and against all claims, liability, and expenses, including attorneys' fees and legal fees and costs, arising out of Applicant’s use of NEA Services or Applicant’s breach of any provision of this Agreement. NEA reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Applicant. Applicant will cooperate as fully as reasonably required in the defense of any claim.
Applicant agrees to contact NEA by sending electronic mail to email@example.com or any other address that NEA may provide for the purpose of correspondence. NEA will contact Applicant by sending electronic mail to the address Applicant provides to us, or by posting a notice on NEA Services.
NEA may terminate this Agreement and Applicant’s use of NEA Services, or discontinue NEA Services, at any time. NEA shall have the right immediately upon notice to Applicant to terminate Applicant’s use of the NEA Services in the event of any conduct by Applicant which NEA, in its sole discretion, considers to be unacceptable, or in the event of any breach by Applicant of this Agreement or violation of applicable law.
This Agreement, Applicant’s performance under it, and any disputes arising under it shall be governed exclusively by the laws of the United States of America and the State of Florida, without giving effect to their conflict of laws principles. Applicant expressly consents to the exclusive forum, jurisdiction, and venue of the Courts of the State of Florida in any and all actions, disputes, or controversies relating to this Agreement.
This Agreement and any rules posted on NEA Services by NEA constitute the complete and exclusive and final expression of the agreement of the parties with respect to the subject matter hereof. No waiver by either NEA or Applicant of any breach or default under this Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default. This Agreement shall be binding upon and inure to the benefit of NEA and its successors, trustees, and permitted assigns. NEA may assign this Agreement or any of its rights or obligations under this Agreement, with or without notice to Applicant. Any such assignment by NEA does not relieve Applicant of their obligations under this Agreement.
By proceeding with the enrollment process, applicant agrees to the following:
Monthly pay members with three consecutive failed payments may lose eligibility for the monthly membership option. However, they may continue their annual-payment membership.
Members agree to keep their payment information current. In addition, they agree not to purchase a membership solely to obtain discounted products and/or services, subsequently canceling or disputing the membership fee either directly with NEA or through a bank or merchant. Any such behavior is considered an abuse of membership, which may result in permanent revocation of any right to renew or enroll with new contact information.
By choosing to purchase a Certified Background Check through NEA, Applicant agrees to the following: I understand that if I choose to purchase the Certified Background Check enhancement to my professional profile, this includes, but is not limited to, checks with various local, state, and federal regulatory agencies that maintain records concerning my activities both personally and professionally. It may include a soft inquiry credit report that does not adversely affect my credit score. It may also include a seven (7) year background check to uncover any criminal, civil, or business violations. I hereby authorize the NEA to perform these checks and verifications upon my purchase of this enhancement. I further understand that purchase of the Certified Background Check is non-refundable, even if the results of the background check report disqualify me from displaying the Certified Background Checked logo.
I understand that the NEA is administered by Gallagher Affinity and that administrative services include online enrollment account management, benefit vendor management and a dedicated customer support team with phone, chat and online contact features.
I agree that Gallagher's liability to the applicant arising from any acts or omissions of Gallagher shall not exceed $5 million in the aggregate. Gallagher shall only be liable for actual damages incurred by the applicant and shall not be liable for any indirect, consequential or punitive damages or attorneys' fees. No claim or cause of action, regardless of form (tort, contract, statutory or otherwise) arising out of, relating to or in any way connected with this Agreement or any Services provided hereunder may be brought by either party any later than two (2) years after the accrual of such claim or cause of action.