About Us

• About the Tech Industry
• Board of Directors
• Contact Us
• Make a Donation
• Staff
• Submit Idea/Feedback

Order 2011 Vision Conference CD

Offering a long-term forecast of the federal IT (5-year) and U.S. Defense (10-year) markets...read more.

TechAmerica Foundation Terms of Use

By accessing or using any of the TechAmerica Foundation  Internet properties including, without limitation, any site containing the URL: www.techamericafoundation.org, and any other websites operated by TechAmerica Foundation from time to time (collectively referred to as the “TechAmerica Foundation Websites”) you agree to comply with and be bound by these Terms of Use (“Terms of Use”). Please read these Terms of Use carefully as well as the TechAmerica Foundation Privacy Policy which is incorporated herein by reference. If you do not agree to these Terms of Use and the Privacy Policy, you must immediately terminate use of the TechAmerica Foundation Websites.

1. License Grant. You are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use the TechAmerica Foundation Websites conditioned on your continued acceptance of and compliance with these Terms of Use. TechAmerica Foundation reserves the right to bar, restrict or suspend any user’s access to the TechAmerica Foundation Websites, and/or to terminate this license at any time for any reason. TechAmerica Foundation reserves any rights not explicitly granted in these Terms of Use.

1. License Restrictions. Unless otherwise expressly stated in these Terms of Use or you receive TechAmerica Foundation’s prior written consent, you may not modify, translate, create derivative works of, copy, distribute, market, display, remove or alter any proprietary notices or labels from, lease, sell, sublicense, clone, transfer, decompile, reverse engineer, or incorporate into any information retrieval system (electronic or mechanical), the TechAmerica Foundation Websites, any TechAmerica Foundation Content (as defined below) or any portion thereof. Further, you may not (i) use the TechAmerica Foundation Websites for any unauthorized or illegal purpose or activity including, but not limited to, any activity to obtain or attempt to obtain unauthorized access to the TechAmerica Foundation Websites, including TechAmerica Foundation Content; (ii) interfere with the proper working of the TechAmerica Foundation Websites including, but not limited to, the transmission of any virus, worm, trap door, back door, timer, clock, Trojan horse, or other limiting routine, instruction or design; or (iii) interfere with any other person’s use and enjoyment of the TechAmerica Foundation Websites.

1. Your Acceptance; Revisions to Terms of Use. The TechAmerica Foundation Websites are available only to those that can enter into legally binding contracts under applicable law. These Terms of Use constitute a legally binding agreement between you and TechAmerica Foundation regarding your use and access to the TechAmerica Foundation Websites. By using the TechAmerica Foundation Websites you agree to the Terms of Use.

TechAmerica Foundation reserves the right to revise these Terms of Use at any time in its sole discretion by reposting revised Terms of Use. Your use of the TechAmerica Foundation Websites signifies your acceptance of all the terms and conditions contained within the Terms of Use posted at the time of your use. You will be responsible for regularly reviewing the Terms of Use posted to the TechAmerica Foundation Websites. No revision to these Terms of Use, including to the Arbitration provision, shall apply to a controversy or claim of which you had actual notice on or before the date of any such revision.

1. Personal Login Information. Certain features and areas of the TechAmerica Foundation Websites are available only to TechAmerica Foundation Members.  TechAmerica Foundation Members given logins and passwords (“Personal Login Information”) must keep your Personal Login Information confidential, including taking appropriate measures to maintain the confidentiality, such as logging off and closing the Internet browser, especially when you are connected to the Internet through an unsecured network or when using a public computer.  Your Personal Login Information is personal to you and you may not allow any third party to use it under any circumstances. TechAmerica Foundation is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Personal Login Information. You must contact TechAmerica Foundation immediately if you become aware of or believe there is or may have been any unauthorized use of your Personal Login Information, or otherwise wish to deactivate your Personal Login Information due to security concerns.

1. User Obligations. You warrant that you will abide by, without limitation, all applicable local, state, national and international laws and regulations with respect to your use of the TechAmerica Foundation Websites and not interfere with the use and enjoyment of the TechAmerica Foundation Websites by other users. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on the TechAmerica Foundation Websites, including, without limitation, information required to be provided through a TechAmerica Foundation Website registration form. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by you, TechAmerica Foundation reserves the right to terminate your access and use of the TechAmerica Foundation Websites. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the TechAmerica Foundation Websites, or defame or otherwise harm any party, including, through your use of the TechAmerica Foundation Websites.

1. Proprietary Rights. The content of the TechAmerica Foundation Websites includes, without limitation, (i) TechAmerica Foundation’s trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively “TechAmerica Foundation Marks”); and (ii) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, including podcasts, and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through the TechAmerica Foundation Websites (the items identified in subsections (i) (ii) and (iii) shall be collectively referred to herein as “TechAmerica Foundation Content”). TechAmerica Foundation Content is the property of TechAmerica Foundation, its licensors, sponsors, partners, advertisers, content providers or other third parties and is protected by law including, but not limited to, copyright, trade secret, patent, and trademark law, as well as other state, national and international laws, treaties and regulations. The reproduction, transmission, distribution, sale, publication, broadcast, circulation or dissemination of any TechAmerica Foundation Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from the or the owner of such content if the is not the owner.  Any use of the TechAmerica Foundation Marks without TechAmerica Foundation’s express written consent is strictly prohibited. You may not alter, delete, obscure or conceal any copyright or other notices appearing in the TechAmerica Foundation Content, including any such notices appearing on any TechAmerica Foundation Content you are permitted to download, transmit, display, print, or reproduce from the TechAmerica Foundation Websites.

1. Responsibility for Use of the Internet and Websites and Exclusion of Liability. Use of the Internet and the TechAmerica Foundation Websites is solely at your risk and is subject to, without limitation, all applicable local, state, national and international laws and regulations. Unless expressly required by law, TechAmerica Foundation does not guarantee the confidentiality or security of any communication or other material transmitted to or from the TechAmerica Foundation Websites over the Internet or other communication network. TechAmerica Foundation shall not be obligated to correct or update the TechAmerica Foundation Websites or the TechAmerica Foundation Content and shall not be liable for omissions, typographical errors, or out-of-date information which may appear on the TechAmerica Foundation Websites.

1. No Legal Advice and Disclaimer as to Accuracy of Information. The information on the TechAmerica Foundation Websites and TechAmerica Foundation Content is for informational purposes only, and is not legal advice or a substitute for legal counsel.

1. Third Party Information. The TechAmerica Foundation Websites may feature materials, information, products, and services provided by third parties. Any such information, including but not limited to articles, press clippings, opinions, advice, statements, services, offers or other information made available by third parties such as content providers and other users of the TechAmerica Foundation Websites are those of the respective third party and not of TechAmerica Foundation or its affiliates. TechAmerica Foundation makes no representation with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third party materials, information, services or products.

1. Notice for Claims of Intellectual Property or Copyright Infringement; Agent for Notice of Infringement.  TechAmerica Foundation respects the intellectual property of others, and, particularly as to user generated content in comments and on discussion boards, as applicable, we ask our users to do the same.  If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide TechAmerica Foundation’s Association Counsel 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 intellectual property interest;

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

c)       a description of where the material that you claim is infringing is located on the site;

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

e)      a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

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

TechAmerica Foundation’s Association Counsel for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:
TechAmerica Foundation
Attn: Foundation Counsel

601 Pennsylvania Ave., NW

North Building, Ste. 600

Washington, D.C. 20004

By phone: (202) 682-9110
By fax: (202) 682-9111
By email: legal@techamericafoundation.org

1. Advertisers. The TechAmerica Foundation Websites may contain advertisements of third parties. The inclusion of advertisements on the TechAmerica Foundation Websites does not imply endorsement of the advertised products or services by TechAmerica Foundation.  TechAmerica Foundation shall not be responsible for any loss or damage of any kind incurred as a result of the presence of such advertisements on the TechAmerica Foundation Websites. Further, TechAmerica Foundation shall not be responsible or liable for the statements or conduct of any third party advertisers appearing on the TechAmerica Foundation Websites. You shall be solely responsible for any correspondence or transactions you have with any third party advertisers.

1. Links to Third Party Websites. The TechAmerica Foundation Websites may provide links (including any link through an on-line banner advertisement) to other sites on the Internet for your convenience, or for discount opportunities. These other sites are maintained by third parties, over which, TechAmerica Foundation exercises no control. The appearance of any such third party links is not intended to endorse any particular company or product. If you decide to access any of the third party sites linked to the TechAmerica Foundation Websites, you do so entirely at your own risk.

1. Links to Websites, Content, Sharing of Content. Links posted by third parties to the TechAmerica Foundation Websites and/or TechAmerica Foundation Content may not use the TechAmerica Foundation trademark or logo and shall not suggest that TechAmerica Foundation promotes or otherwise endorses any third party products, business relationships, services, causes, campaigns, Websites, content, or information. Any links to any portion of the TechAmerica Foundation Websites shall be the responsibility of the linking party. TechAmerica Foundation reserves the right to require any linking party to disable or remove any link that violates TechAmerica Foundation’s policies, rights or causes interruption or deterioration of TechAmerica Foundation Content.  You may download or copy TechAmerica Foundation Content and other downloadable items displayed on the TechAmerica Foundation Websites for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any TechAmerica Foundation Content for other than personal use is expressly prohibited without prior written permission from TechAmerica Foundation, or the copyright holder identified in the copyright notice contained in the TechAmerica Foundation Content.

1. Comments and Postings on the TechAmerica Foundation Websites.  The purpose of the TechAmerica Foundation Websites is to serve as a mechanism for information being provided to interested parties and the public.  On some pages of the TechAmerica  Foundation Websites, TechAmerica Foundation allows viewers to post comments. TechAmerica Foundation reserve the right, in its sole discretion, to change, modify, add, or delete comments or posts, photos, and videos at any time.

Among the factors TechAmerica Foundation will use when deciding to edit/remove a comment are if the comments:

a)      demean other people or companies

b)      are libelous/slanderous or uses obscenities

c)       are inaccurate

d)      are identified by staff as SPAM messages

e)      not topically related to the particular article being commented upon

f)       are in support of or opposition to political campaigns

g)      are of the sexual nature or links to sexual content

h)      conduct or encourage illegal activity

TechAmerica Foundation reserves the right to reproduce any pictures or videos posted to any of the TechAmerica Foundation Websites and to quote any comments or suggestions left by users.

The views, postings, positions, opinions or comments posted or expressed on the TechAmerica Foundation Websites do not necessarily reflect those of TechAmerica Foundation.

1. Warranties Disclaimed. THE TECHAMERICA FOUNDATION WEBSITES AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER TECHAMERICA FOUNDATION, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, MEMBERS, OR DIRECTORS NOR ANY OF ITS AGENTS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, CONTRACTORS, PROMOTIONAL PARTNERS, OR LICENSORS (COLLECTIVELY “TECHAMERICA FOUNDATION PARTIES”) PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT (i) THE TECHAMERICA FOUNDATION WEBSITES OR TECHAMERICA FOUNDATION CONTENT, OR ANY RESULTS THAT MAY BE OBTAINED BY YOU, ARE COMPLETE, ACCURATE, RELIABLE OR NON-INFRINGING; (ii) ACCESS TO THE TECHAMERICA FOUNDATION WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE TECHAMERICA FOUNDATION WEBSITES WILL MEET YOUR EXPECTATIONS; OR (iv) TECHAMERICA FOUNDATION CONTENT WILL REMAIN UNCHANGED OR ACCESSIBLE ON THE TECHAMERICA FOUNDATION WEBSITES. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

1. Exclusion of and Limitation of Liability. THE TECHAMERICA FOUNDATION PARTIES SHALL NOT BE LIABLE, AND DISCLAIM ANY LIABILITY, FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER IN CONNECTION WITH, AS A RESULT OF, OR ARISING (i) OUT OF THE USE OF OR INABILITY TO USE THE TECHAMERICA FOUNDATION WEBSITES AND/OR ANY TECHAMERICA FOUNDATION CONTENT; (ii) FROM ANY INTERRUPTION IN THE AVAILABILITY OF THE TECHAMERICA FOUNDATION WEBSITES AND/OR TECHAMERICA FOUNDATION CONTENT; (iii) FROM ANY LOSS OF DATA AND/OR FROM ANY EQUIPMENT FAILURE; (iv) OUT OF THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY PROBLEMS WITH THE GOODS, CONTENT AND/OR SERVICES PURCHASED OR OBTAINED FROM THE TECHAMERICA FOUNDATION WEBSITES, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE TECHAMERICA FOUNDATION WEBSITES; (v) FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (vi) FROM STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE TECHAMERICA FOUNDATION WEBSITES; (vii) FROM ANY DELAY OR FAILURE OF THE TECHAMERICA FOUNDATION WEBSITES ARISING OUT OF CAUSES BEYOND TECHAMERICA FOUNDATION ‘S CONTROL; (viii) OUT OF THE USE OF, REFERENCE TO, OR RELIANCE ON, THE TECHAMERICA FOUNDATION CONTENT; (ix) OUT OF ANY THIRD PARTY MATERIALS, INFORMATION, PRODUCTS AND SERVICES CONTAINED ON, OR ACCESSED THROUGH, THE TECHAMERICA FOUNDATION WEBSITES (x) OUT OF ANY CONTENT, MATERIALS, ACCURACY OF INFORMATION, AND/OR QUALITY OF THE PRODUCTS, SERVICES OR MATERIALS PROVIDED BY OR ADVERTISED ON THIRD PARTY WEBSITES; OR (xi) OUT OF ANY OTHER MATTER RELATING TO THE TECHAMERICA FOUNDATION WEBSITES OR TECHAMERICA FOUNDATION CONTENT.

IN THE EVENT YOU ARE DISSATISFIED WITH, OR DISPUTE, THESE TERMS OF USE, THE TECHAMERICA FOUNDATION WEBSITES AND/OR THE TECHAMERICA FOUNDATION CONTENT, YOUR SOLE RIGHT AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR USE OF THE TECHAMERICA FOUNDATION WEBSITES, EVEN IF THAT RIGHT OR REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE. YOU CONFIRM THAT TECHAMERICA FOUNDATION HAS NO OTHER OBLIGATION, LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PARTY.

1. Exclusions permitted by law. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 15 AND 16 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND ‘S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

1. Indemnification. To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless the TechAmerica Foundation Parties from and against all claims arising from or in any way related to your use of the TechAmerica Foundation Websites and/or TechAmerica Foundation Content.  TechAmerica Foundation shall be able to recover expenses, losses, damages (actual and consequential), litigation costs and attorneys’ fees if you violate these Terms of Use, or any other actions connected with your use of the TechAmerica Foundation Websites and/or TechAmerica Foundation Content. TechAmerica Foundation will provide prompt written notice of any such claims, but failure to provide such notice will not release you from any of your obligations pursuant to this Section except to the extent that you are actually prejudiced by such failure, and will not relieve you from any other liability that you may have to the TechAmerica Foundation Parties other than under this Section.

1. Term and Termination. These Terms of Use will take effect at the time you begin using the TechAmerica Foundation Websites. TechAmerica Foundation reserves the right, with or without notice, at any time and for any reason to deny you access to the TechAmerica Foundation Websites or to any portion thereof, and to terminate these Terms of Use. You may terminate these Terms of Use at any time by ceasing to use the TechAmerica Foundation Website, but all applicable provisions of these Terms of Use will survive such termination. Upon termination, you must destroy all copies of any portion of the TechAmerica Foundation Websites, including any TechAmerica Foundation Content, in your possession.

1. Arbitration; Venue. Any controversy or claim (“Claim”) you have arising out of or relating to these Terms of Use shall be resolved by a single impartial arbitrator pursuant to proceedings administered by the American Arbitration Association under its rules for resolution of commercial disputes. Any such Claim shall be brought solely by you as an individual and not as part of, or as a representative of, a class. The arbitration shall be held in Arlington, Virginia. All submissions to the arbitrator, the proceedings and the award shall be confidential. The arbitration shall be conducted on an expedited basis with minimal discovery. The arbitrator’s award shall be final and binding. The state or federal courts of the Commonwealth of Virginia shall have exclusive jurisdiction and venue over (i) any action concerning the enforcement of an arbitration award, or (ii) if arbitration is not permitted by law, then any Claim you have arising out of or relating to these Terms of Use. You agree to unconditionally and irrevocably submit to the exclusive jurisdiction and venue of such courts and you will not object to such jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. EACH PARTY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OF USE. TechAmerica Foundation reserves all rights and remedies available to it, in law or equity, with respect to any matter relating to these Terms of Use.

Neither party consents or agrees to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. Any claim or controversy as to the enforceability of this arbitration provision’s restriction on your right to participate in or pursue a class action or class-wide arbitration shall be brought only in courts of the Commonwealth of Virginia.

1. Governing Law. These Terms of Use and all matters regarding your use of the TechAmerica Foundation Websites shall be governed by, construed in accordance with, and enforced under the laws of the Commonwealth of Virginia. Neither the Uniform Computer Information Transaction Act nor the United Nations Convention on Contracts for International Sale of Goods apply and their applicability is expressly excluded. Printed copies of any and all agreements and/or notices in electronic form shall be admissible in any legal, investigative or regulatory proceedings.

1. Waiver and Severability. The failure of to exercise or enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions shall remain in full force and effect.

1. Complete Agreement. These Terms of Use, together with any terms incorporated by reference, constitutes the entire agreement between you the TechAmerica Foundation Parties and TechAmerica Foundation Websites and its use by you, and supersedes any previous written or oral communication regarding use of the TechAmerica Foundation Websites.

1. Contact Information. If you have any questions or concerns regarding these Terms of Use or the TechAmerica Foundation Websites, please visit our, must contact TechAmerica Foundation page.

1. Statute of Limitations. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the TechAmerica Foundation Websites must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.

1. Use of Websites and Content outside of the United States. TechAmerica Foundation makes no claims regarding access or use of the TechAmerica Foundation Websites or the TechAmerica Foundation Content outside of the United States. If you use or access the TechAmerica Foundation Websites or the TechAmerica Foundation Content outside of the United States, you do so at your own risk and are responsible for compliance with the laws and regulations of your jurisdiction as well as these Terms of Use.

Updated: July 7, 2011