Terms of Use
TNG, including the organizations it manages, ATIXA and NABITA (collectively referred to as the “Company”), want you to be familiar with the terms that govern your access to and use of our sites, other technologies, and any of our related services, whether as a guest or as a registered user. By using our sites, social media pages, HTML-formatted email messages, other technologies, and any of our related services (collectively referred to as the “Technology”), you agree to be bound and abide by these Terms of Use (the “Terms”). The Company reserves the right to change these Terms at any time, and any changes will be posted on this page.
COPYRIGHT
TNG sites and their entire contents, features, functionality, and compilation of all content are the exclusive property of TNG and its affiliates, unless otherwise noted, and are protected by United States and international copyright laws. You are not permitted to use this site other than for private, non-commercial purposes. These Terms prohibit the reproduction, distribution, modification, creation of derivative works, public display, republishing, downloading, storage, or transmission of any of the material on these sites. Reuse of any data obtained from this site for commercial purposes is strictly prohibited, including any automated tools to retrieve data from or enter data into this site.
TRADEMARKS
The TNG name, association names, and all related logos, designs and slogans are registered trademarks of TNG, ATIXA, or NABITA. TNG’s trademarks and trade dress may not be used in connection with any product or service that is not TNG’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits TNG. All other trademarks not owned by TNG that appear on this site are the property of their respective owners, who may or may not be affiliated with or connected to TNG.
LIMITED LICENSE AND SITE ACCESS
TNG grants you a limited license to access and make personal use of this site and its contents and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of TNG. This license does not permit any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. No part of this site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of TNG. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of TNG without express written consent. You may not use any meta tags or any other “hidden text” utilizing TNG’s name or trademarks without the express written consent of TNG. Any unauthorized use terminates the permission or license granted by TNG and may subject you to liability. You may not use any TNG logo or other proprietary graphic or trademark as part of a hyperlink without express written permission.
You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. We reserve the right to disable any username, password, or other identifier at any time and in our sole discretion for any reason.
COPYRIGHT COMPLAINTS
TNG respects the intellectual property of others. If you believe that your work has been copied or used in a way that constitutes copyright infringement, please contact TNG using the contact information at the bottom of this page.
DISCLAIMER OF WARRANTIES
This site is provided by TNG on an “as is” and “as available” basis. TNG makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk. This site and its content do not include or otherwise constitute legal advice. You should always consult with your own legal counsel regarding compliance with any laws, regulations, or guidelines applicable to your industry.
We reserve the right to remove, revise our services or any material we provide in our sole discretion and without notice. To the full extent permissible by applicable law, TNG disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. TNG does not warrant that this site, its servers, or e-mail sent from TNG are free of viruses or other harmful components.
TNG’s Privacy Policy can be found here. The terms and conditions of membership for ATIXA can be found here, and the terms and conditions of membership for NABITA can be found here.
Governing Law
These Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflicts of law principles. By using the Technology, you waive any claims that may arise under the laws of other states, countries, territories, or jurisdictions.
Jurisdiction and Venue
Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the state courts of the Commonwealth of Pennsylvania, or the United States District Courts located in Pennsylvania. By using the Technology, you agree to irrevocably submit to the exclusive jurisdiction and venue of such courts in any such action or proceeding. You further agree to waive any objection based on improper venue or forum non conveniens with respect to any such action or proceeding in these courts.
Class Action Waiver
To the fullest extent permitted by applicable law, you and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms, shall be brought solely in your individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, representative, private attorney general, or mass action proceeding. No arbitrator or court may consolidate the claims of multiple persons or otherwise preside over any form of a class, collective, consolidated, representative, private attorney general, or mass action proceeding as to any dispute related to these Terms.
ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE RELATED TO THESE TERMS SHALL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR THE COMPANY SHALL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY.
Limitation of Liability
To the maximum extent permitted by applicable law: (a) in no event will the Company, its affiliates, or their respective officers, directors, employees, or agents be liable to you for any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or relating to these Terms or our processing of your personal information; and (b) the total aggregate liability of the Company, its affiliates, and their respective officers, directors, employees, and agents for any and all claims, losses, liabilities, damages, costs, or expenses of any kind, whether in contract, tort (including negligence), statute, or otherwise, arising out of or relating to these Terms or our processing of your personal information, shall not exceed one hundred dollars ($100). By using the Technology, the parties irrevocably agree to waive any damages, statutory or otherwise, exceeding one hundred dollars ($100).
Waiver of Attorneys’ Fees
You acknowledge and agree that you waive any right to recover attorneys’ fees, costs, or expenses from the Company, its affiliates, or their respective officers, directors, employees, or agents in connection with any claim arising out of or relating to these Terms or our processing of your personal information, except where such waiver is prohibited by applicable law.
Statute of Limitations
To the maximum extent permitted by law, you and the Company permanently and irrevocably waive the right to bring any claim under these Terms in any forum unless the party bringing the claim provides the other party with written notice of the dispute within one (1) year of its occurrence by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail. The written notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. The parties expressly waive any longer statute of limitations or repose that might otherwise apply. If a claim under these Terms is not filed within this one-year period, it is permanently barred.
Severability
If any provision of these Terms is determined by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the maximum extent permissible and, to the extent necessary, deemed modified to the minimum extent required to render it valid and enforceable while preserving, to the greatest extent possible, the parties’ original intent. If such modification is not possible, that provision shall be severed from these Terms, and the remainder of these Terms shall continue in full force and effect.
CONTACTING US
If you have any questions about these Terms of Use, please contact us at webmaster@tngconsulting.com or:
The NCHERM GROUP, LLC
475 Allendale Rd, Suite 200
King of Prussia, PA 19406
610-993-0229
Because email communications are not always secure, please do not include credit card or other sensitive information in your emails to us.