| Terms
of Use
Welcome
to foreignborn.com. Foreignborn.com and its affiliates provide their services
to you subject to the following notices, terms, and conditions, which may be updated
by us from time to time without notice to you. In addition, when you use any particular
foreignborn.com services, you will be subject to the rules, guidelines, policies,
terms, and conditions applicable to such service. All such guidelines or rules
are hereby incorporated by reference into this "Terms of Use". NO
RESALE OF SERVICE You
agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial
purposes, any portion of this website, use of this website, or access to this
website without the express written permission of foreignborn.com, but you may
provide links to this website if an attribution is made. THIS
SITE IS NOT LEGAL ADVICE The
information provided is not legal advice and should not be interpreted as legal
advice. This information is provided as an educational summary and may not be
comprehensive, is subject to change, and may not apply to all individual circumstances.
Any information received here should be confirmed with the appropriate government
agencies or with an attorney, particularly as it relates to your individual circumstances.
YOUR
REGISTRATION AND ACCOUNT OBLIGATIONS In
consideration of your use of this website, you agree to: (a) provide true, accurate,
current and complete information about yourself as prompted by registration forms
(such information being the "Registration Data") and (b) maintain and promptly
update the Registration Data to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete,
or foreignborn.com has reasonable grounds to suspect that such information is
untrue, inaccurate, not current or incomplete, foreignborn.com has the right to
suspend or terminate your account and refuse any and all current or future use
of this website (or any portion thereof). You
will be responsible for all charges incurred while your user account is being
used, if any, including payment for any goods or services, and all statements
or materials, including liability for harm caused by such statements or materials.
You may not transfer, sell, or otherwise assign your rights or obligations under
this Agreement. You
are responsible for maintaining the confidentiality of any account and passwords
you establish, and are fully responsible for all activities that occur under your
password(s) or account(s). You agree to (a) immediately notify foreignborn.com
of any unauthorized use of your password or account or any other breach of security,
and (b) ensure that you exit from your account at the end of each session. Foreignborn.com
cannot and will not be liable for any loss or damage arising from your failure
to comply with the provisions of this paragraph. PUBLIC
CONTENT POSTED You
understand that all information, data, text, software, music, sound, photographs,
graphics, video, messages or other materials ("Content"), whether publicly posted
or privately transmitted, are the sole responsibility of the person from which
such Content originated. This means that you, and not foreignborn.com, are entirely
responsible for all Content that you upload, post, email or otherwise transmit
via this website. Foreignborn.com does not control the Content posted by users
and, as such, does not guarantee the accuracy, integrity or quality of such Content.
You understand that by using the site, you may be exposed to Content that is offensive,
indecent or objectionable. Under no circumstances will foreignborn.com be liable
in any way for any Content, including, but not limited to, for any errors or omissions
in any Content, or for any loss or damage of any kind incurred as a result of
the use of any Content posted, emailed or otherwise transmitted via the site.
You agree
to not use the Service to:
| a.
| upload,
post, email or otherwise transmit any Content that is unlawful, harmful, threatening,
abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive
of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
| | b.
| harm
minors in any way; | | c.
| impersonate
any person or entity, including, but not limited to, a foreignborn.com official,
forum or message board leader, guide or host, or falsely state or otherwise misrepresent
your affiliation with a person or entity; | |
d. |
forge headers or otherwise
manipulate identifiers in order to disguise the origin of any Content transmitted
through the Service; | | e.
| upload,
post, email or otherwise transmit any Content that you do not have a right to
transmit under any law or under contractual or fiduciary relationships (such as
inside information, proprietary and confidential information learned or disclosed
as part of employment relationships or under nondisclosure agreements);
| | f.
| upload,
post, email or otherwise transmit any Content that infringes any patent, trademark,
trade secret, copyright or other proprietary rights ("Rights") of any party;
| | g.
| upload,
post, email or otherwise transmit any unsolicited or unauthorized advertising,
promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes,"
or any other form of solicitation; | |
h. |
upload, post, email or otherwise
transmit any material that contains software viruses or any other computer code,
files or programs designed to interrupt, destroy or limit the functionality of
any computer software or hardware or telecommunications equipment; |
| i.
| disrupt
the normal flow of dialogue, cause a screen to "scroll" faster than other users
are able to type, or otherwise act in a manner that negatively affects other users'
ability to engage in real time exchanges; | |
j. |
interfere with or disrupt
the website or servers or networks connected to the website, or disobey any requirements,
procedures, policies or regulations of networks connected to the website;
| | k.
| intentionally
or unintentionally violate any applicable local, state, national or international
law, including, but not limited to, regulations promulgated by the U.S. Securities
and Exchange Commission, any rules of any national or other securities exchange,
including, without limitation, the New York Stock Exchange, the American Stock
Exchange or the NASDAQ, and any regulations having the force of law; |
| l.
| "stalk"
or otherwise harass another; or | |
m. |
collect or store personal
data about other users. | You
acknowledge that foreignborn.com does not pre-screen Content, but that foreignborn.com
and its designees shall have the right (but not the obligation) in their sole
discretion to refuse or move any Content that is available via the website. Without
limiting the foregoing, Foreignborn.com and its designees shall have the right
to remove any Content that violates the Terms of Use or is otherwise objectionable.
You agree that you must evaluate, and bear all risks associated with, the use
of any Content, including any reliance on the accuracy, completeness, or usefulness
of such Content. In this regard, you acknowledge that you may not rely on any
Content created by foreignborn.com or submitted to foreignborn.com, including
without limitation information in foreignborn.com message boards, foreignborn.com
clubs, and in all other parts of the website. You
acknowledge and agree that foreignborn.com may preserve Content and may also disclose
Content if required to do so by law or in the good faith belief that such preservation
or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce
the Terms of Use; (c) respond to claims that any Content violates the rights of
third-parties; or (d) protect the rights, property, or personal safety of foreignborn.com,
its users and the public. SPECIAL
NOTICE FOR INTERNATIONAL USE Recognizing
the global nature of the Internet, you agree to comply with all local rules regarding
online conduct and acceptable Content. Specifically, you agree to comply with
all applicable laws regarding the transmission of technical data exported from
the United States or the country in which you reside. INDEMNITY
AND DISCLAIMER OF WARRANTIES This
site is provided by foreignborn.com on an "as is" basis. We do not warrant that
this site will meet your requirements, be uninterrupted, timely, secure, or error-free,
or that the results that may be obtained from the use of this site will be accurate
or reliable, or that the quality of any products, services, information, or other
material purchased or obtained by you through this site will meet your expectations.
We are not responsible for the availability, content, or policies of other sites
that may be linked to this site. To the full extent permissible by applicable
law, foreignborn.com disclaims any warranties, express or implied, including without
limitation, those of merchantability and fitness for a particular purpose, with
respect to this site or any information, content, materials, or products that
are available or advertised or sold through this site. We do not make any representations,
nor do we endorse the accuracy, completeness, timeliness or reliability of any
advice, opinion, statement or other material or database displayed, uploaded or
distributed in this site or available though links in this site. We reserve the
right to correct any errors or omissions in this site. Although we intend to take
reasonable steps to prevent the introduction of viruses or other destructive materials
to this site, we do not guarantee or warrant that this site or materials that
may be downloaded from this site do not contain such destructive features. We
are not liable for any damages or harm attributable to such features. If you rely
on this site and any materials available through this site, you do so solely at
your own risk. You
agree to indemnify and hold foreignborn.com, and its subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees, harmless from
any claim or demand, including reasonable attorneys' fees, made by any third party
due to or arising out of Content you submit, post to or transmit through the website,
your use of the site, your connection to the site, your violation of the Terms
of Use, or your violation of any rights of another. You
expressly understand and agree that foreignborn.com shall not be liable for any
direct, indirect, incidental, special, consequential or exemplary damages, including
but not limited to, damages for loss of profits, goodwill, use, data or other
intangible losses (even if foreignborn.com has been advised of the possibility
of such damages), resulting from: (i) the use or the inability to use the foreignborn.com
website or services; (ii) the cost of procurement of substitute goods and services
resulting from any goods, data, information or services purchased or obtained
or messages received or transactions entered into through or from the website
or services; (iii) unauthorized access to or alteration of your transmissions
or data; (iv) statements or conduct of any third party on the website; or (v)
any other matter relating to the foreignborn.com website or services. USE
AND STORAGE You
acknowledge that foreignborn.com may establish general practices and limits concerning
use of the site, including without limitation the maximum number of days that
email messages, message board postings or other uploaded Content will be retained
by the site, the maximum number of email messages that may be sent from or received
by an account on the site, the maximum size of any email message that may be sent
from or received by an account on the site, the maximum disk space that will be
allotted on foreignborn.com's servers on your behalf, and the maximum number of
times (and the maximum duration for which) you may access the site in a given
period of time. You agree that foreignborn.com has no responsibility or liability
for the deletion or failure to store any messages and other communications or
other Content maintained or transmitted by the site. You acknowledge that foreignborn.com
reserves the right to log off accounts that are inactive for an extended period
of time. You further acknowledge that foreignborn.com reserves the right to change
these general practices and limits at any time, in its sole discretion, with or
without notice. MODIFICATIONS
TO SERVICE Foreignborn.com
reserves the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the site (or any part thereof) with or without notice.
You agree that foreignborn.com shall not be liable to you or to any third party
for any modification, suspension or discontinuance of the site. TERMINATION
You agree
that foreignborn.com, in its sole discretion, may terminate your password, account
(or any part thereof) or use of the Service, and remove and discard any Content
within the site, for any reason, including, without limitation, for lack of use
or if foreignborn.com believes that you have violated or acted inconsistently
with the letter or spirit of the Terms of Use. Foreignborn.com may also in its
sole discretion and at any time discontinue providing the site, or any part thereof,
with or without notice. You agree that any termination of your access to the site
under any provision of this Terms of Use may be effected without prior notice,
and acknowledge and agree that foreignborn.com may immediately deactivate or delete
your account and all related information and files in your account and/or bar
any further access to such files or the site. Further, you agree that foreignborn.com
shall not be liable to you or any third-party for any termination of your access
to the site. DEALINGS
WITH ADVERTISERS Your
correspondence or business dealings with, or participation in promotions of, advertisers
found on or through the website, including payment and delivery of related goods
or sites, and any other terms, conditions, warranties or representations associated
with such dealings, are solely between you and such advertiser. You agree that
foreignborn.com shall not be responsible or liable for any loss or damage of any
sort incurred as the result of any such dealings or as the result of the presence
of such advertisers on the website. LINKS
The website
may provide, or third parties may provide, links to other World Wide Web sites
or resources. Because foreignborn.com has no control over such sites and resources,
you acknowledge and agree that foreignborn.com is not responsible for the availability
of such external sites or resources, and does not endorse and is not responsible
or liable for any content, advertising, products, or other materials on or available
from such sites or resources. You further acknowledge and agree that foreignborn.com
shall not be responsible or liable, directly or indirectly, for any damage or
loss caused or alleged to be caused by or in connection with use of or reliance
on any such content, goods or sites available on or through any such site or resource.
COPYRIGHT
All content
included on this site, such as text, graphics, logos, button icons, images, audio
clips, and software, is the property of foreignborn.com or its content suppliers
and protected by U.S. and international copyright laws. The compilation (meaning
the collection, arrangement, and assembly) of all content on this site is the
exclusive property of foreignborn.com and protected by U.S. and international
copyright laws. All individual articles, content and other elements comprising
this site are also copyrighted works. All software used on this site is the property
of foreignborn.com or its software suppliers and protected by U.S. and international
copyright laws. By posting content on this site, you give foreignborn.com the
right to display such content on the site and its affiliated publications and
to use such content for promotional and marketing purposes. Neither you nor any
third party shall make use of the contents of this site in any manner that constitutes
an infringement of our rights, including copyright. You may not distribute any
part of this site nor sell or offer it for sale. In addition, these files may
not be used to construct any kind of database. You may not cause our site to be
viewed in a setting that includes advertising or other materials that we have
not expressly authorized to be displayed. The reproduction, modification, distribution,
transmission, or republication of the content on this site is strictly prohibited.
Foreignborn.com
respects the intellectual property of others, and we ask our users to do the same.
If you believe that your work has been utilized in a way may constitute copyright
infringement, please notify us through our contact page.
TRADEMARKS
Foreignborn.com, National Association of Foreign-Born, NAFB, and
their graphics, logos, and service names, are trademarks of foreignborn.com, Inc.
in the United States and other countries. These trademarks may not be used in
connection with any product or service that is not theirs, in any manner that
is likely to cause confusion among customers or the public, or in any manner that
disparages or discredits foreignborn.com or the National Association of Foreign-Born. DISCUSSIONS
AND COMMENTS Foreignborn.com
enables visitors to its site to chat and post messages. If you post messages or
make comments on the site, you grant foreignborn.com and its affiliates a non-exclusive,
royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce,
modify, adapt, publish, translate, create derivative works from, distribute, and
display such messages and comments throughout the world in any media. You also
grant foreignborn.com and its affiliates and sublicensees the right to use the
name that you submit with any review or comment, if any, in connection with such
review or comment. GENERAL These
Terms of Use constitute the entire agreement between you and foreignborn.com and
govern your use of the site, superceding any prior agreements between you and
foreignborn.com. You also may be subject to additional terms and conditions that
may apply when you use affiliate services, third-party content or third-party
software. The Terms of Use and the relationship between you and foreignborn.com
shall be governed by the laws of the State of Delaware without regard to its conflict
of law provisions. You and foreignborn.com agree that venue for any action shall
be in the appropriate State or federal court for the county of Arlington, Virginia.
The failure of foreignborn.com to exercise or enforce any right or provision of
the Terms of Use shall not constitute a waiver of such right or provision. If
any provision of the Terms of Use is found by a court of competent jurisdiction
to be invalid, the parties nevertheless agree that the court should endeavor to
give effect to the parties' intentions as reflected in the provision, and the
other provisions of the Terms of Use remain in full force and effect. You agree
that regardless of any statute or law to the contrary, any claim or cause of action
arising out of or related to use of the foreignborn.com website or services or
Terms of Use must be filed within one (1) year after such claim or cause of action
arose or be forever barred. The
section titles in the Terms of Use are for convenience only and have no legal
or contractual effect.
VIOLATIONS Please
report any violations of the Terms of Use through our contact
page. 
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