NKBA Knowledge Base Terms of Use

The following terms (hereafter, “the Knowledge Base Terms of Use” or “these Terms of Use”), along with the NKBA Privacy Policy and any other NKBA terms and policies that may apply to you as a Member of the NKBA or visitor of the NKBA.org website, govern your use of the NKBA Knowledge Base.

Changes to These Terms of Use

The NKBA Knowledge Base and all or any portion of these Term of Use are subject to change and your use of the Knowledge Base following any changes means that you accept these Terms of Use.  If we amend any of these policies, where required by law, we will post the changes at least 30 days before the amendment takes effect. Therefore, please periodically check this page for changes.  We will also notify Subscribers when these policies change by sending an email, to the email address they use to log into their Account, that identifies new provisions and changes relative to the previous provisions, the effective date of the change, and the fact that you may terminate your Account (or NKBA membership) in lieu of accepting the changes.

If you have any questions regarding these Terms of Use, please feel free to contact us at info@nkba.org.

Definitions

In addition to the terms defined elsewhere in these Term of Use, the following terms have the following meanings for the purposes of these Terms of Use.

“Member” means a member of the NKBA.

“NKBA”, “we”, “us”, “our” and the like, refer collectively and individually to the National Kitchen and Bath Association and its service providers.

“NKBA Knowledge Base” and “Knowledge Base” means the content, features, services and web software found or used at wiki.nkba.org.

“Subscribers” means those who have created or been provided with an Account (defined below) to access the Knowledge Base.

Accounts

In order to access most of the features of the Knowledge Base, you have to have to create an account (an “Account”) using a temporary password provided to you by NKBA.  By setting up an Account and using Account-related services, you represent and warrant that you are at least 18 years of age and able to form legally binding contracts under applicable law.  Accounts are not intended for use by minors.  If you are a Member, you may use your membership Account to access the Knowledge Base subject to your compliance with the Knowledge Base Terms of Use and any other applicable terms and policies.

When you create your Account, you will be required to provide personally-identifiable information, including your name and how we can reach you in connection with NKBA matters (e.g., an email address, mailing address and phone number that you used for communications of a commercial nature). You represent and warrant to NKBA that all information you submit when you create your Account is accurate and complete, and that you will keep such information up to date.  You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, so you must keep your Account information secure, including without limitation your Account ID (which may be an email address), password, and where applicable, payment method(s).  You must notify NKBA immediately of any breach of security or unauthorized use of your Account. NKBA is not liable for any loss you incur due to any unauthorized use of your Account.

NKBA shall have the right to suspend or terminate your Account and access to the Knowledge Base for any violations of these Terms of Use or other applicable terms and policies, including NKBA’s privacy policies.

Subscription Fee

Access to the Knowledge Base requires payment of a subscription fee.  Subscription fees provide access to the Knowledge Base for a limited period of time.  When the subscription period associated with your most-recently paid subscription fee expires, the NKBA may limit, suspend or terminate your access to the Knowledge Base.

Your Subscription Fee is non-refundable.  However, if the NKBA permanently terminates, without your permission, your access to the Knowledge Base prior to the expiration of the remaining time on the subscription period for which you already paid, you shall be entitled to a pro-rata refund of that portion of your paid subscription fee associated with the remaining time; provided further, however, that any request for such a pro-rata refund must be made in writing to info@nkba.org within sixty (60) days of the NKBA sending you notification of such termination.

Your Submissions

For the purposes of the Knowledge Base Terms of Use, “Your Submission” means any content (including text, photographs, videos, three-dimensional models, sound files, or any other audio, visual or tactile information) that you or someone on our behalf submits to the NKBA for inclusion in the Knowledge Base.  “Your Submission” also includes any content submitted for inclusion in the Knowledge Base using your Account ID and password.

You agree to grant and hereby do grant to the NBKA the non-exclusive, royalty-free, world-wide, perpetual, irrevocable and sublicensable right to reproduce, distribute, perform, display, modify, adapt, prepare derivative works of, make substantial alterations to, use, sell, license, sublicense, lease, rent, import, transfer, translate into any language or otherwise exploit Your Submissions in any medium whatsoever, whether now known or hereafter devised, without any accounting, royalty or any other obligation owed to you, and waive any applicable moral rights in favor of NKBA, its designees and sublicensees, all to the maximum extent permitted by law.  By way of example only and not limitation, such right includes the right to reproduce, display and modify Your Submission in the Knowledge Base as well as any other media such as books (paper or electronic) or other websites owned or controlled by the NKBA or third parties.  NKBA may identify you to third parties as the person that submitted Your Submissions.

You represent and warrant that you own all right, title and interest in Your Submissions.  You also represent and warrant that the reproduction, distribution, display, and performance of Your Submission in the Knowledge Base or other media by NKBA, its successors, assigns, sublicensees or other Subscribers does not violate any applicable law or the rights of any entity (e.g., arising out of statutes, regulations, contracts or common law) including, by way of example only, intellectual property law (e.g., copyright or trade secrets) or the privacy rights of any entity or person.    Lawful or not, your Submissions must not include any (a) harassing, defamatory, libelous, threatening or demeaning content, (b) content that is discriminatory or offensive based on race, gender, religious belief, disability or sexual orientation, or ethnicity, (c) content promoting damage or injury to any person or property, (d) nudity or obscenities, (e) personally-identifiable information of you or anyone else, (f) viruses, Trojan horses or the like, or information intended to disrupt operation of the Knowledge Base, (g) information that you know or have reason to know is inaccurate, misleading or deceptive, or (h) information that you have been paid or received some other compensation or consideration to submit to the NKBA, unless you clearly and conspicuously include — with each submission to which this clause “(h)” pertains — that fact and your affiliation entity providing such payment, compensation or other consideration.

The NKBA is not obligated to include Your Submissions in the Knowledge Base.  NKBA and its designees (e.g., third party moderators) may accept or reject Your Submissions, as submitted or in modified form, in their sole discretion.   The NKBA is not obligated to keep or provide you with a copy of your prior Submissions.

Knowledge Base Content

The one single person that created your Account may access, view and display the Knowledge Base on computer equipment and electronic mobile devices under that person’s sole possession and control.  No other person may use your Account to access, view or display the Knowledge Base.  You may not distribute or display all or any portion of the Knowledge Base to any third party or individual.  By way of example and not limitation, you may not send copies of Knowledge Base articles to third parties, nor embed any portion of the Knowledge Base in websites or any other content without NKBA’s permission. You may not modify, adapt, create derivative works based on, distribute, sell, transfer, lease, decompile, disassemble, reverse engineer, or remove any proprietary notices or labels from, any portion of the Knowledge Base, and you must use the Knowledge Base in accordance with applicable law.

You understand that when using the Knowledge Base, you will be exposed to content from a variety of sources, and that NKBA is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content.

You should always seek the advice of qualified professionals that are knowledgeable about the federal, state, provisional/territorial or local requirements of any construction project or other endeavor you undertake.  The content of the Knowledge Base is for informational purposes only and does not constitute legal or certified advice of any kind.  Product and service recommendations and any other opinions appearing on the Knowledge Base do not necessarily reflect the opinion of NKBA.

NKBA’s and its vendors’ names and logos displayed on the Knowledge Base constitute trademarks, trade names, service marks or logos owned by or licensed to NKBA and its vendors and ownership thereof and goodwill associated therewith remains with NKBA, its vendors or their respective licensors, as applicable.

You hereby acknowledge that the Knowledge Base may become unavailable due to scheduled downtime, unscheduled technical problems, problems with your or the NKBA’s internet service providers, or the like.

Digital Millennium Copyright Act

If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our DMCA agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

(a) A physical or electronic 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 service provider to locate the material;

(d) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

(e) A statement that you have 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 you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You may direct copyright infringement notifications to our DMCA agent.

If Your Content is removed based on a copyright infringement notification submitted to our DMCA agent, we will notify you promptly using the email address you provided with your Account. If you believe Your Content was improperly removed based on the assertion that it infringes the copyright rights of another, please contact our DMCA agent for instructions on how to submit a counter notification (see 17 U.S.C 512(c)(3) for further detail). A successful counter notification will cause your removed Content to be reposted in 10-14 days.

Please also be advised that if our DMCA agent receives more than one copyright infringement notification as a result of content posted to your Account, and no counter notification is submitted, we will send you a warning using the email address you provided with your Account. If a successful counter notification is still not submitted, any subsequent notification we receive as a result of content posted to your Account may result in termination of your Account.

You may contact our DMCA agent by email at DMCA@NKBA.ORG or by mail at Attention: DMCA Agent, The National Kitchen and Bath Association, 687 Willow Grove St, Hackettstown, NJ 07840.

Children under 13 or 18

The Knowledge Base is not intended for children under 13 and we do not knowingly collect information from children under the age of 13.  If you are under 13 years of age, then please do not use the Knowledge Base.  If you are under age of 18, you should use this Knowledge Base with the involvement of your parent or guardian and you should not submit any personal information to us.

Limitation of Liability

NKBA does not endorse the products, services, or views expressed in linked websites or warrant the accuracy of any of the Knowledge Base’s Content.  NKBA is not liable or responsible for any damage or liability you may incur arising out of the use of websites to which the Knowledge Base links but is not under the ownership or control of the National Kitchen and Bath Association.

Reliance on any information appearing on the Knowledge Base, whether provided by NKBA, its Members, Subscribers, visitors to the Knowledge Base or others, is solely at your own risk. In using the Knowledge Base, you agree that neither NKBA nor any other party will be liable or otherwise responsible for any decision made or action taken or not taken due to your use of information presented through the Knowledge Base.

THE KNOWLEDGE BASE IS  PROVIDED “AS IS”.  TO THE FULLEST EXTENT PERMITTED BY LAW, NKBA DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE KNOWLEDGE BASE, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR USE OR PURPOSE.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NKBA BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF NKBA HAS BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES, ARISING OUT OF ANY USE OF THE KNOWLEDGE BASE OR ANY WEBSITE TO WHICH THE KNOWLEDGE BASE LINKS, INCLUDING DAMAGES RESULTING FROM ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF INFORMATION PROVIDED OR MAINTAINED BY THE KNOWLEDGE BASE, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, (C) INTERRUPTION OR CESSATION OF THE KNOWLEDGE BASE’S OPERATION, OR (D) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR KNOWLEDGE BASE BY ANY THIRD PARTY.  IN NO EVENT SHALL THE AGGREGATE LIABILITY OF NKBA FOR ANY DAMAGES EXCEED ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for direct, incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that NKBA may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of NKBA’s liability will be limited to the fullest extent permitted by applicable law.

Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless NKBA, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your use of and access to the Knowledge Base; (b) your violation of any term of these Knowledge Base Terms of Use; (c) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (d) any claim that Your Content caused damage to a third party. This defense and indemnification obligation will survive termination of these Knowledge Base Terms of Use, the termination of your membership in the NKBA (if you are a Member), the termination of your Account and your cessation of use of the Knowledge Base.

Applicable Law

The Knowledge Base is intended to comply with the laws and regulations of the United States and Canada.  The Knowledge Base is intended for use only by residents of the United States and Canada. Other countries may have laws and regulatory requirements that differ from those of the United States and Canada, and the Site is not intended to be subject to such laws, requirements or practices.

To the extent not prohibited by applicable law (e.g., the laws of Quebec): these Terms of Use are governed by the laws of the State of New Jersey, as such laws apply to contracts between New Jersey residents entered into and performed entirely in New Jersey, notwithstanding your place of residency or New Jersey conflicts of law provisions; you agree that the Knowledge Base shall be deemed a passive website that does not give rise to personal jurisdiction over NKBA, either specific or general, in jurisdictions other than New Jersey; and any claim or dispute between you and NKBA that arises in whole or in part from the Knowledge Base shall be decided exclusively by a court of competent jurisdiction located in Newark, New Jersey.

If any provision of these Terms of Use is found to be invalid or unenforceable, it will be enforced to the extent permissible and, to the extent invalid or unenforceable, such provision shall be deemed modified to the most limited extent necessary to be valid and enforceable, in accordance with applicable law, while still as fully as possible carrying out the intent of the original provision, and the remainder of these Terms of Use will remain in full force and effect.

Miscellaneous

These Terms of Use, along with any other NKBA terms and policies of that may apply to you as a Member of the NKBA, Subscriber of the Knowledge Base or visitor of the NKBA.org website, constitute the entire agreement between you and NKBA with respect to, and supersedes any previous oral or written communications or documents concerning, the subject matter of these Terms of Use.  No other NKBA terms or policies shall be construed to grant you additional rights or less obligations than these Terms of Use with respect to the Knowledge Base.  NKBA’s failure to assert any right or provision under these policies shall not constitute a waiver of such right or provision.

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by NKBA without restriction.

Use of the terms “including”, “for example” and the like in these policies means “including, by way of example and not limitation”.


If you have any questions or concerns about your information or require assistance in managing your choices, contact NKBA at privacy@NKBA.org.