Terms of Service

Welcome, and thank you for your interest in National Society of Black Engineers (“NSBE”) and our web-based service and mobile app. The following Terms of Use are a legally binding contract between you and NSBE regarding your use of the NSBE website, mobile applications, APIs, networks, and other features or services (collectively, the “Service”). PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. BY CLICKING “I ACCEPT” REGISTERING FOR AN ACCOUNT, DOWNLOADING A NSBE MOBILE APPLICATION, ACCESSING, BROWSING, OR USING THE SERVICE YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE NSBE PRIVACY POLICY, ANY APPLICABLE END USER LICENSE AGREEMENT, AND ANY ADDITIONAL TERMS OR FUTURE MODIFICATIONS (COLLECTIVELY, THE “TERMS”). If you are not eligible, or do not agree to the Terms, then please do not use the Service.

1. Eligibility. You must be 18 to use the Service. By agreeing to the Terms, you represent and warrant to us that: (i) you are at least 18 years old and have not previously been suspended or removed from the Service; (ii) if you are using the Service on behalf of a entity, organization or company (collectively a “Subscribing Organization”), you are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms; and you hereby agree to be bound by these Terms on behalf of such Subscribing Organization (in such a case, “you” in these Terms refers to your Subscribing Organization, and any individual authorized to use the Service on behalf of the Subscribing Organization, including you); and (iii) your registration and your use of the Service is in compliance with any and all applicable laws and regulations.

1.1 Privacy Policy. Please read the Privacy Policy, which is located at the end of these Terms, carefully for information relating to our collection, use, and disclosure of your personal information. The Privacy Policy is hereby incorporated by reference into, and made a part of, these Terms.

1.2 Additional Terms. Your use of the Service is subject to any additional terms, rules, or guidelines which we may post from time to time (the “Additional Terms”). All such Additional Terms are hereby incorporated by reference into, and made a part of, the Terms.

2. Modification of the Terms. We reserve the right, at our discretion, to change the Terms on a going forward basis at any time. Please check the Terms periodically for changes. Your continued use of the Service after the changes become effective constitutes your binding acceptance of such changes. In the event that a change to the Terms materially modifies your rights or obligations, we will make an effort to notify you of the change, such as by sending you an email to the address we have on file for you, or presenting a pop-up window or other notification to you through the Service when you log in. Immaterial modifications are effective upon publication, and material changes will be effective upon the earlier of (a) continued use of the Service with actual knowledge of the modification, or (b) thirty (30) days following the change. For the avoidance of doubt, disputes arising hereunder will be resolved in accordance with the Terms in effect that the time the dispute arose.

3. Accounts and Registration. To access most features of the Service you must register for an account. When you register for an account, you may be required to provide us with some information about yourself (such as your mobile number, e-mail address or other contact information). You agree that the information you provide to us is and will be accurate and up-to-date at all times. When you register, you will be asked to provide a mobile number and additional data such as one or more validation codes and an email to verify your NSBE membership status. You are solely responsible for maintaining the confidentiality of your account and validation codes. You agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure for any reason (for example, in the event of a loss, theft or unauthorized disclosure or use of your password), then you agree to immediately notify us at support@adexi.io

4. Subscription Fees; Billing; Payment.

4.1 Fees. NSBE is free to use. Now or in the future, NSBE can charge subscription "upgrade" fees for the use of the Service or fees for additional storage space on the Service or for additional features. You agree to pay to NSBE all fees for subscriptions purchased by you purchases made by you, including any applicable taxes (the “Fees”).

4.2 Subscriptions. When applicable, fees for subscriptions will be billed at the beginning of your subscription or any renewal. Subscription Fees are nonrefundable. NSBE may change the Fees for subscriptions for the Service or any feature of the Service, or add additional fees or charges, on a going forward basis at any time. For any change in the Fee for renewal of a subscription purchased under your account, NSBE will send you a notice of such change in advance of renewal (via a message on or through the Service or email). Each of your subscriptions, if any, will automatically renew unless NSBE terminates such subscription or you cancel such subscription. You must cancel a subscription prior to renewal to avoid incurring Fees for the renewal term.

4.3 Purchases. When applicable, F=fees for purchases made through the Service, including purchases of additional storage space, will be billed at the time of purchase or shortly thereafter. Subject to any Additional Terms, purchases are non-refundable.

4.4 Payment. When applicable, NSBE will bill charges through the payment method specified in your account (e.g. electronic funds transfer or credit card). If you pay any applicable Fees with a credit card, NSBE may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. You authorize such credit card account to pay any amounts described herein, and authorize NSBE to charge all sums described herein to such credit card account. You agree to provide NSBE updated information regarding your credit card and account upon NSBE’s request and any time the information earlier provided is no longer valid.

5. User Content.

5.1 User Content Generally. Certain features of the Service permit users to post content, including videos, audio recording, information, files, folders, data, images, text, and other types of works (collectively called, “User Content”) and to publish User Content on the Service. You may post User Content in a variety of circumstances, upload files to your account on the Service, share your files with other users, or communicate with other users through the Service.

5.2 Limited License Grant to NSBE. By posting User Content, you grant NSBE and a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, modify, distribute and re-distribute, and otherwise exploit your User Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed). You retain copyright and any other proprietary rights you hold in the User Content that you post to the Service.

5.3 Limited License Grant to Other Users. By posting and sharing User Content with another user of the Service, you hereby grant that user a non-exclusive license to access and use such User Content.

5.4 User Content Representations and Warranties. You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting and publishing User Content, you affirm, represent, and warrant that:

• You are the creator and owner of, or have the necessary licenses, rights, consents, and permissions (including any such rights or permissions required under any applicable law or regulation) to use and to authorize NSBE and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section and in the manner contemplated by NSBE and the Terms;

• Your User Content, and the use thereof as contemplated herein, does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; (c) contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste; (d) contain any viruses, adware, spyware, worms, or other malicious code; (e) obtain objectionable content such as pornographic material,; or (e) violate any applicable law or regulation.

6. Digital Millennium Copyright Act

6.1 DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If you have any complaints or objections to material posted on the Service you may contact our Designated Agent at the following address:

NSBE, 205 Daingerfield Road Alexandria, VA 22314 E-mail: notifications@adexi.io

Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information:

a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;

b. a description of the copyrighted work or other intellectual property that you claim has been infringed;

c. a description of the material that you claim is infringing and where it is located on the Service;

d. your address, telephone number, and email address;

e. a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and

f. a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

7. Third Party Services. NSBE may provide tools through the Service that enable you to export User Content and information to third party websites or services, including through a NSBE API. By using these tools, you agree that we may transfer such User Content and information to the applicable third party service. Such third party services are not under our control, and we are not responsible for the contents of the third party service or the use of your User Content or information by the third party service.

8. Prohibited Conduct. BY USING THE SERVICE YOU AGREE NOT TO:

8.1 rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials (as defined in Section 12 , below);

8.2 post, upload, or distribute any defamatory, libelous, or inaccurate User Content or other content;

8.3 post, upload, or distribute any User Content or other content that is unlawful or that a reasonable person could deem to be offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;

8.4 continuously, on an unattended basis, stream, download or upload music, videos or other files;

8.5 use the Service in a manner that impairs the user experience of other users, or that otherwise impairs network performance;

8.6 impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Service accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Service, or perform any other similar fraudulent activity;

8.7 delete the copyright or other proprietary rights on the Service or any User Content;

8.8 make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the Service. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;

8.9 use the Service for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy, or the collection, storage, transmission, or access of educational records;

8.10 defame, harass, abuse, threaten or defraud users of the Service, or collect, or attempt to collect, personal information about users or third parties without their consent;

8.11 remove, circumvent, disable, damage or otherwise interfere with security-related features of the Service or User Content, features that prevent or restrict use or copying of any content accessible through the Service, or features that enforce limitations on the use of the Service or User Content;

8.12 reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Service or any part thereof (including any App), except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;

8.13 intentionally interfere with or damage operation of the Service or any user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.

9. Third Party Websites. The Service, including our websites, may contain links to third-party websites. The linked sites are not under our control, and we are not responsible for the contents of any linked site. We provide these links as a convenience only, and a link does not imply our endorsement of, sponsorship of, or affiliation with the linked site. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.

10. Termination of Use; Discontinuation and Modification of the Service. If you violate any of the Terms, your permission to use the Service will automatically terminate. You also agree that we may, at any time and without notice to you, suspend or revoke your access to and use of the Service, and any accounts you may have in connection with the Service including: (i) where we determine in our sole discretion that such action is reasonable in order to comply with legal requirements or to protect the rights or interests of NSBE or any third party; or (ii) in connection with any general discontinuation of the Service. We also reserve the right to modify the Service at any time without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or revocation of your access to or use of the Service, provided that if we terminate your access to the Service other than for your breach of these Terms, you may be entitled to a refund of a prorated portion ofFees for a subscription to the Service paid in advance for the period of the subscription that was terminated. You may terminate your account, at any time by contacting customer service at support@adexi.io. If you terminate your account, you will remain obligated to pay all outstanding fees and charges, if any, relating to your use of the Service incurred before termination.

11. Ownership; Proprietary Rights. The Service is owned and operated by NSBE. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Service provided by NSBE (the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any User Content that is provided and owned by users of the Service, all Materials contained in the Service are the property of NSBE or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to NSBE or its affiliates and/or third-party licensors. Except as expressly authorized by NSBE, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. NSBE reserves all rights to the Materials not expressly granted in the Terms.

12. Indemnity. You agree that you will be personally responsible for your use of the Service, and you and your Subscribing Organization agree to defend, indemnify and hold harmless NSBE and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the “NSBE Entities”) from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys’ and accounting fees and costs, arising out of or in any way connected with (i) your access to, use of or alleged use of the Service; (ii) your violation of the Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) (v) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

13. Disclaimers; No Warranties.

THE SERVICE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE NSBE ENTITIES SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM (i) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT; (ii) ANY WARRANTIES ARISING OUT OF COURSE-OF-DEALING, USAGE, OR TRADE; (iii) ANY WARRANTIES THAT THE INFORMATION OR RESULTS PROVIDED IN, OR THAT MAY BE OBTAINED FROM USE OF, THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, RELIABLE, COMPLETE, OR UP-TO-DATE; AND (iv) ANY WARRANTIES WHATSOEVER REGARDING ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ADVERTISED, MADE AVAILABLE, OR REFERRED TO YOU THROUGH THE SERVICE. YOU ASSUME ALL RISK FOR ALL DAMAGES, INCLUDING DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE OR LOSS OF DATA THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE. ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED, USED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES IN SOME CIRCUMSTANCES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

14. Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE NSBE ENTITIES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OPERATING OR DELIVERING THE SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE NSBE ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. YOU SPECIFICALLY ACKNOWLEDGE THAT THE NSBE ENTITIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, THE NSBE ENTITIES WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICE. YOU AGREE THAT THE AGGREGATE LIABILITY OF THE NSBE ENTITIES TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO THE USE OF THE SERVICE IS LIMITED TO THE GREATER OF (i) THE AMOUNTS YOU HAVE PAID TO NSBE FOR ACCESS TO AND USE OF THE SERVICE GIVING RISE TO SUCH LIABILITY IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM OR (ii) $100. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN NSBE AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CERTAIN CIRCUMSTANCES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

15. Dispute Resolution and Arbitration

15.1 Generally. In the interest of resolving disputes between you and NSBE in the most expedient and cost effective manner, you and NSBE agree that any and all disputes arising in connection with these Terms shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. You understand and agree that, by entering into these Terms, you and NSBE are each waiving the right to a trial by jury or to participate in a class action.

15.2 Exceptions. Notwithstanding subsection 16.1, we both agree that nothing herein shall be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.

15.3 Arbitrator. Any arbitration between you and NSBE will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting NSBE.

15.4 Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail (“Notice”). NSBE’s address for Notice is: NSBE, 205 Daingerfield Road Alexandria, VA 22314

15.5 The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or NSBE may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or NSBE shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any; provided that if our dispute is finally resolved through arbitration in your favor, NSBE shall pay you the greater of (i) the amount awarded by the arbitrator, if any, and (ii) the greatest amount offered by NSBE in settlement of the dispute prior to the arbitrator’s award.

15.6 Fees. In the event that you commence arbitration in accordance with these Terms, NSBE will reimburse you for your payment of the filing fee, unless your claim is for greater than $10,000, in which case the payment of any fees shall be decided by the AAA Rules. Any arbitration hearings will take place at a location to be agreed upon in the County of Fairfax, Virginia, provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a non-appearance based telephonic hearing, or by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse NSBE for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

15.7 No class actions. YOU AND NSBE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and NSBE agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

15.8 Modifications. In the event that NSBE makes any future change to this arbitration provision (other than a change to the NSBE’s address for Notice), you may reject any such change by sending us written notice within 30 days of the change to NSBE’s address for Notice, in which case your account with NSBE shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject shall survive.

15.9 Enforceability. If only Subsection 16.6 is found to be unenforceable or the entirety of this Section 16 is found to be unenforceable, then the entirety of this Section 16 shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described elsewhere in Section 17 shall govern any action arising out of or related to these Terms.

16. Governing Law; Venue. These Terms, whether interpreted in a court of law or in arbitration, shall be governed by the laws of the State of Virginia as they apply to agreements entered into and to be performed entirely within California by California residents, and without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and NSBE agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within the County of Fairfax, VA for the purpose of litigating all such claims or disputes. We operate the Service from our offices in Virginia, and we make no representations that information and materials included in the Service are appropriate or available for use in other locations. Access to the Service from any territory where the content is illegal is prohibited.

17. General. The Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and NSBE regarding your use of and access to the Service, and except as expressly permitted above may only be amended by a written agreement signed by authorized representatives of the parties. You may not assign or transfer the Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign the Terms at any time without notice. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of the Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of paragraph headers in the Terms is for convenience only and shall not have any impact on the interpretation of particular provisions. In the event that any part of the Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. Upon termination of the Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 6 through 18.

18. Contact Information. If you have any questions regarding NSBE, the Service, or the Terms please contact us at notifications@adexi.io


Terms of Service

Welcome, and thank you for your interest in NSBE (“NSBE” “us” or “we”) and our Service, as described in the NSBE Terms of Use.

This Privacy Policy describes the information that we gather from you, how we use and disclose your information, and the steps we take to protect your information. By using the Service, you consent to the privacy practices described in this policy.

This Privacy Policy is incorporated into and is subject to the NSBE Terms of Use. Capitalized terms that are not defined in the Privacy Policy have the meaning given to them in the Terms of Use.

The information that we collect:

• User-provided Information - When you use the Service you may provide and we may collect what is generally called “personally identifiable” information, such as you name, e-mail address, mailing address, mobile phone number, demographic information and credit card information. For example, you may provide us with personally identifiable information when you register for an account, use the Service, post User Content, interact with other users of the Service through communication or messaging features, or send us customer service related requests.

• “Cookies” Information - When you use the Service, we may send one or more cookies – small text files containing a string of alphanumeric characters – to your computer. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Service. Persistent cookies can be removed. Please review your web browser “Help” file to learn the proper way to modify your cookie settings. Please note that if you delete, or choose not to accept, cookies from the Service, you may not be able to utilize the features of the Service to their fullest potential.

• “Automatically Collected” Information - When you use the Service or open one of our HTML e-mails, we may automatically record certain information from your web browser by using different types of technology, including “clear gifs” or “web beacons.” This “automatically collected” information may include your IP address or other device address or ID, web browser and/or device type, the web pages or sites that you visit just before or just after the Service, the pages you view on the Service, and the dates and times that you visit, access, or use the Service. This information is gathered for all users.

• Information from Other Sources: We may also obtain information, including personally identifiable information, from third parties and sources other than the Service, such as our partners or advertisers. If we combine or associate information from other sources with personally identifiable information that we collect through the Service, we will treat the combined information as personally identifiable information in accordance with this Privacy Policy.

How we use the information we collect: Your information is an integral part of our operations, and we used it in a variety of ways in providing the Service and operating our business. For example:

• We use the information that you provide or that we collect, to operate, maintain, enhance and provide all of the features of the Service.

• We will use all of the information that you provide of that we collect to understand and analyze the usages trends and preferences of our users, to improve the Service, and to create new features and functionality.

• We may use your e-mail address or other personal information (a) to contact you for administrative purposes such as customer service, to address intellectual property infringement, right of privacy violations or defamation issues related to your User Content posted on the Service or (b) to send you promotional messages related to the Service and the activities of third parties we work with. Generally, you have the ability to opt-out of receiving any such communications, either through links provided in the messages or by updating your account preferences through the Service.

• We may use “cookies” information and “automatically collected” information to: (a) personalize our services, such as remembering your information so that you will not have to re-enter it during your visit or the next time you visit the Service; (b) provide customized third party advertisements, content, and information; (c) monitor and analyze the effectiveness of Service and third party marketing activities; (d) monitor aggregate site usage metrics such as total number of visitors and pages viewed; and (e) track your entries, submissions, and status in any promotions or other activities.

When we disclose information: We are not in the business of selling your information! We do, however, disclose your personally identifiable information in a variety of circumstances in connection with providing the Service and the operation of our business.

For example:

• Any information, including personally identifiable information, that you voluntarily choose to include in a publicly accessible area of the Service, such as a public profile page, a message to another user, or in User Content, will be available to anyone who has access to that content, including other users. Any information you choose to make available through the Service to third party services, including any information that you you make available to third party services through any NSBE API or export tools, will be made available to that third party service and also will be available through those services subject to their applicable terms of use and privacy policy. Once you make your personally identifiable information available in this way, it may be collected and used by the recipients without restriction.

• We work with third-party service providers to provide website, application development, hosting, maintenance, and other services for us. To the extent it is necessary for these third-party service providers to complete their contractual obligations to us, these third parties may have access to or process your personally identifiable information. Generally, these disclosures are made under terms comparable to this policy, and the recipients are limited to using the information the purpose for which it was provided.

• We make certain automatically collected and other aggregate non-personally-identifiable information available to third parties, to: (i) comply with various reporting obligations; (ii) for business or marketing purposes; or (iii) to assist such parties in understanding our users’ interests, habits, and usage patterns for certain programs, content, services, advertisements, promotions, and/or functionality available through the Service.

• We may also disclose your information if required to do so by law or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. Copyright law), in response to a court order, judicial or other government subpoena or warrant, or to otherwise cooperate with law enforcement activity.

• We also reserve the right to disclose your information that we believe, in good faith, is appropriate or necessary to take precautions against liability; to protect NSBE, Inc. and others from fraudulent, abusive, or unlawful uses or activity; to investigate and defend ourselves against any third party claims or allegations; to assist government enforcement agencies; to protect the security or integrity of the Service; or to protect the rights, property, or personal safety of NSBE, Inc. our users, or others.

You may, of course, decline to share certain personally identifiable information with us, in which case we may not be able to provide to you some of the features and functionality of the Service. You may update, correct, or delete your profile information and preferences at any time by accessing your account preferences page through the Service. Please note that while your changes are reflected promptly in active user databases, we may retain all information you submit for a variety of purposes, including backups and archiving, prevention of fraud and abuse, and analytics.

Third Party Services:

The Service may contain links to Web sites and services provided by third parties or features that access third-party services. Any personally identifiable information you provide on third party sites or services is provided directly to that third party and is subject to that third party’s policies, if any, governing privacy and security, even if accessed through the Service. We are not responsible for the content or privacy and security practices and policies of third party sites or services to which links or access are provided through the Service. We encourage you to learn about third parties’ privacy and security policies before providing them with personally identifiable information.

Our Commitment to Children’s Privacy:

Protecting the privacy of young children is especially important. For that reason, we do not allow children under 13 to use the Service or knowingly collect or maintain personally identifiable information from persons under 13 years-of-age, and no part of the Service is directed to persons under 13. If you are under 13 years-of-age, then please do not use or access Service at any time or in any manner. If we learn that personally identifiable information has been collected on the Service from persons under the age of 13 and without verifiable parental consent, then we will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child under the age of 13 has obtained an account on the Service, then you may alert us at notifications@adexi.io and request that we delete that child’s personally identifiable information from our systems.

Our Commitment to Data Security:

We use certain physical, managerial, and technical safeguards that are designed to improve the integrity and security of your personally identifiable information. We cannot, however, ensure or warrant the security of any information you transmit to us or store on the Service and you do so at your own risk. We also cannot guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.

If we learn of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. We may post a notice through the Service if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach you should notify us at notifications@adexi.io.

Privacy Settings:

Although we may allow you to adjust your privacy settings to limit access to your information, please be aware that no security measures are perfect or impenetrable. We cannot control the actions of other users with whom you may choose to share your information. Therefore, we cannot and do not guarantee that information you post on the Service will not be viewed by unauthorized persons. We are not responsible for circumvention of any privacy settings or security measures contained on the Website. You understand and acknowledge that, even after removal, copies of information that you have posted may remain viewable in cached and archived pages or if other users have copied or stored such information.

International Visitors:

The Service is hosted in the United States and is intended solely for visitors located within the United States. If you choose to use the Service from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personally identifiable information outside of those regions to the United States for storage and processing, and by providing your personally identifiable information on the Service you consent to that transfer, storage, and processing.

In the Event of Merger or Sale:

In the event that all or a portion of NSBE, Inc. or its assets are acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information that we have collected from users in connection with such merger, acquisition, sale, or other change of control.

Changes and Updates to this Privacy Policy:

Please revisit this page periodically to stay aware of any changes to this Privacy Policy, which may be revised periodically at our sole discretion, as provided in Section 3 of the NSBE Terms of Use. If we modify the Privacy Policy, we will make it available through the Service, and indicate the date of the latest revision. In the event that the modifications materially alter your rights or obligations hereunder we will make reasonable efforts to notify you of the change. For example, we may send a message to your e-mail address, if we have one on file, or generate a pop-up or similar notification when you access the Service for the first time after such material changes are made. Our amended Privacy Policy will automatically take effect 30 days after it is made available through the Service, except that (i) we generally only use your personally identifiable information in the manner described in the Privacy Policy in effect when we received that information and (ii) if you do not agree with any changes to the Privacy Policy, you may terminate your account and stop using the Service. Your continued use of the Service after the revised Privacy Policy has become effective indicates that you have read, understood and agreed to the current version of the Privacy Policy.

Our Contact Information:

Please contact us with any questions or comments about this Privacy Policy, your personally identifiable information, our use and disclosure practices, or your consent choices by e-mail at notifications@adexi.io.

If you have questions or suggestions, please complete a feedback form or you can contact us at:

ADEXI, 205 Daingerfield Road Alexandria, VA 22314 7 E-mail: notifications@adexi.io