Terms of Use

Acceptance of the Terms of Use

AssociationEvaluation.com (the “Website”) is an online source of information about Association Evaluation, LLC (“Association Evaluation”) and the products and services provided by Association Evaluation for your personal use, subject to your agreement to the provisions set forth below. These Terms of Use are in addition to, and do not override, the terms and conditions that apply to the specific services offered by Association Evaluation.

Please also view Association Evaluation’s Privacy Policy, available at this link, to gain a comprehensive understanding of the terms of conditions that you are accepting by utilizing this Website’s functionality.

If any of these terms are unacceptable to you, you may not access the Website until agreement has been reached between you and Association Evaluation as to the applicable terms of use.

The information provided on the Website is from general sources and has also been obtained from third-parties and although we believe it to be accurate, we cannot represent, guarantee, or warrant that the information contained in the Website is accurate or is appropriate for the usage of all readers. The information provided may not be suitable for residents of certain jurisdictions or provinces. We recommend that readers of this information know their state, federal, or provincial laws prior to relying on or using any information on the Website.

For the purposes of this document, the terms “We” and “Association Evaluation” mean Association Evaluation, LLC, its subsidiaries, affiliates, divisions, contractors and all of its and their data sources and suppliers.

The terms “you” and “User” refer to anyone who accesses the Website.

Changes to the Terms of Use and the Website

Association Evaluation is consistently evolving and developing in order to meet the demands of its customers and the industries that it serves. As a result, Association Evaluation reserves the right to update the Website and these Terms of Use as is necessary, at the sole discretion of Association Evaluation. Changes will be posted at AssociationEvaluation.com under “Terms of Use”.

Subject to applicable laws and regulations, Association Evaluation may discontinue or change the Association Evaluation Website, or its availability to you, at any time. The terms of this Agreement will survive any such discontinuation.

Your use of the Website after any changes have been posted will constitute your agreement to the modified Terms of Use and all of the changes. Therefore, you should read these Terms of Use from time to time for changes.

Accessing the Website, Security and Privacy

Association Evaluation has a dedicated team of Information Technology specialists who work tirelessly to maintain the Website and its functionality. Association Evaluation cannot, however, guarantee that the website will be up and running at all times. Any and all issues will be addressed according to their importance, and will be resolved as soon as possible. Association Evaluation also reserves he right to suspend or restrict access to some features to users. In any case, we will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period, nor for any data loss.

To access certain features of the Website you have to register by entering your email and choosing a password as part of our security procedures. If you are accessing this Website within the scope of your employment, you are required to register using your employer’s domain name. Failure to provide this information constitutes a breach of this Agreement, which may result in immediate termination of your access. You must treat such information as confidential, not disclosing it to any third party and using only Association Evaluation in person. There is a password reset procedure in case you forget your password, but please notify us of any breach of security. We highly recommend all users choose a strong password and that all users log out from their account at the end of every session.

By utilizing the free content, as well as registering to use the paid services offered by the Website, you represent and warrant that: (i) you are at least 18 years of age; (ii) you are using your actual identity; (iii) you have provided only true, accurate, current and complete information; and (iv) you will maintain and promptly update the information that you provide to keep it true, accurate, current and complete. Additionally, you shall be solely responsible for all activity that occurs under your account or password. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. We reserve the right to delete or change any username or password at any time and for any reason.

Association Evaluation utilizes SSL encrypted browsing for all logged-in users, but cannot guarantee that all use will be secure. Association Evaluation also does not guarantee that the Website or any content provided on the Website is error free. We manage your personal data according to our Privacy Policy, which can be accessed via Association Evaluation’s Website, at AssociationEvaluation.com.

Intellectual Property Rights and Use Guidelines

Association Evaluation, the Association Evaluation logo, marks and logos of Association Evaluation affiliates and subsidiaries, and the names and content of Association Evaluation products referenced in an Association Evaluation Website are either trademarks, service marks, registered trademarks, copyrights or other intellectual property of Association Evaluation or its affiliates (“Association Evaluation IP”). Other products and company names mentioned in an Association Evaluation Website may be the intellectual property of their respective owners. You may not use any Association Evaluation IP without the consent of Association Evaluation. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any Association Evaluation IP or the intellectual property of any third party.

Illegal and unauthorized uses of the logos and marks, or any other content, are strictly prohibited.

The services, including, but not limited to, data and programs, available on or through the Website are the proprietary, copyrighted works of Association Evaluation and compromise: (i) works of original authorship, including compiled information containing Association Evaluation’s selection, arrangement and coordination and expression of such information or pre-existing material it has created, gathered or assembled; and (ii) trade secret and other confidential information.

YOU AGREE NOT TO REPRODUCE, RETRANSMIT, DISTRIBUTE, DISSEMINATE, SELL, PUBLISH, BROADCAST, OR CIRCULATE THE INFORMATION RECEIVED THROUGH SERVICES AND ALL AVENUES PROVIDED BY ASSOCIATION EVALUATION TO ANYONE WITHOUT THE EXPRESS PRIOR WRITTEN CONSENT OF ASSOCIATION EVALUATION. COPYING AND DISTRIBUTING THE SERVICES OR INFORMATION, OR ANY DERIVATIVE OF THE SERVICES OR INFORMATION, TO THIRD PARTIES IS FORBIDDEN.

Systematic access or extraction of content from this Website, including the use of “bots” or “spiders,” is prohibited. Association Evaluation prohibits caching, unauthorized hypertext links to this Website and the framing of any content available through the Association Evaluation Website. Association Evaluation reserves the right to disable any unauthorized links or frames.

By posting your content on the Website you, as the user, are granting Association Evaluation a non-exclusive, royalty-free, perpetual, and worldwide license to use your content in connection with the operation of the Services, including, without limitation, the license rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your content, and/or to incorporate it into a collective work.

You are permitted to use the Website for your personal, non-commercial use, or legitimate business purposes, provided that your activities are lawful and in accordance with these Terms of Use. Prohibited uses include violation of laws and regulations and hacking the Website in any manner, as referenced above. No right, title or interest in or to the Website or any content on the site is transferred to you, and all rights not expressly granted are reserved. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and can lead to account termination.

Association Evaluation and PARScoreTM and their related logos are trademarks or registered trademarks of Association Evaluation, LLC, in the United States and in jurisdictions around the world. PARReport and PARScoreTM are patent pending and fully insured through Intellectual Property Insurance Services Corporation (IPisc).

Law and Copyright Infringement

Association Evaluation assumes no liability for any action or inaction regarding transmissions or content provided by any user or third party. In the unlikely event we receive a disclosure request from an authorized party, Association Evaluation reserves the right to disclose user identities when required to do so by the law, including in response to a law enforcement request supported by a valid court order. You waive and hold harmless Association Evaluation from any claims resulting from any action taken by Association Evaluation during or as a result of its investigations and from any actions taken as a consequence of investigations by either the Company or law enforcement authorities.

Disclaimer of Warranties, Limitations of Liability and Indemnification

Your use of the Website or other offerings is at your sole risk. The service is provided “as is” and “as available”. We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. This Website and its components are offered for informational purposes only. Advice, statements, or opinions should not be relied upon when making important personal, legal or financial decisions. You should consult a professional to obtain specific advice appropriate to your circumstances. Association Evaluation and this Website shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Website, and shall not be responsible or liable for any error or omissions in that information. Association Evaluation will not be liable for any loss or injury arising out of, in whole or in part, Association Evaluation’s conduct in procuring, compiling, collecting, interpreting, reporting, or delivering services.

Association Evaluation is not liable for damages, direct or consequential, resulting from your use of the Website, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses (including, but not limited to, attorney’s fees) arising from your violation of any third-party’s rights. You are solely responsible for any damage to you or to any third-party caused, directly or indirectly, by any material that you download or obtained through the Website or other offerings. We will not be held liable for any damages or harm attributable to viruses or other destructive material. Association Evaluation will not be liable for the availability of the underlying internet connection associated with the Website. In the event of any problem with the Website or any content, you agree that your sole remedy is to cease using the Website. User should be aware that any websites linked to Association Evaluation’s Website may contain transmission of personal data provision that differ from the provisions provided herein. Association Evaluation is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.

The timeliness of information displayed on the Website, including, but not limited to, other opinions and reports, such as PARReport, for example, is as current as the date on which the information was submitted, and is subject to change without notice. Additionally, all other time-stamped information and releases, including, but not limited to, press releases, present on the Website at any time are, to the best of Association Evaluation’s knowledge, timely and accurate when issued. However, the passage of time can render information obsolete or stale, and the user should not rely on the continued accuracy of any such material beyond the date of issuance. Association Evaluation has no responsibility to update any information contained in any such material. All users should carefully check the dates of issuance of the material contained on this Website.

You may not use the Association Evaluation name, or any name of Association Evaluation’s affiliate companies and organization, as well as licensed products and trade-marked entities, to endorse or promote any product, opinion, cause or political candidate. Representation of your personal opinions as endorsed by Association Evaluation is strictly prohibited.

To the fullest extent permitted by law, the sole remedy for any claim for damages arising out of or related to any product or service listed or purchased through the Website shall be limited to a refund of the purchase price paid for the product or service. Under no circumstances shall we or any of our business partners, Company officers, directors, shareholders, employees, agents or representatives, or any other party involved in creating, producing, transmitting or distributing the Website or any product sold through the Website, be liable for any consequential, exemplary, incidental, indirect, punitive or special damages arising from or in connection with the Website or any content, products or services made available or listed on it, whether under a theory of breach of contract, negligence, strict liability or otherwise, even if such party has been advised of the possibility of such damages. Some states and/or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion may not apply to you. In the event the foregoing limitation of liability is held to be unenforceable for any reason, then our maximum liability for any of the foregoing types of damages shall be limited to the amount that we receive for the purchase transaction.

Order Acceptance

Your receipt of an electronic or other form of order does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. You will be notified when we have begun processing your order, which will constitute the Order’s acceptance. However, we reserve the right at any time after receipt of your order to accept or decline your order for any reason or for no reason at all.

Payment

You are responsible for any payments due for any products or services ordered through your account. If we do not receive payment from your credit issuer or its agents, you agree to pay all amounts due to us. You shall also be responsible for any costs of collection of overdue payment.

Product Returns or Refunds

You have 24 hours from the time-stamp of your INITIAL order submission by which to cancel your order and to obtain a full refund. After 24 hours, absolutely no refunds will be granted.

All sales are final. Orders cannot be returned for any reason, or for any amount of refund, after the aforementioned 24-hour window has elapsed.

Please contact Customer Service if you have any questions regarding our policies.

Delivering Goods

All completed Orders will be delivered to the e-mail address provided upon Order submission.

User grants Association Evaluation permission to use your name for attribution purposes. Likewise, you agree to represent yourself accurately. You acknowledge that misrepresentation may lead Association Evaluation, at its sole discretion, to cancel your use of the Services and delete any of your content.

User acknowledges and agrees that by providing Association Evaluation with any personal or proprietary user information through the use of the Association Evaluation Website, user consents to the transmission of such personal or proprietary user information over international borders as necessary for processing in accordance with Association Evaluation’s standard business practices.

Governing Law and Jurisdiction

These Terms of Use and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule.

Waiver and Severability

Association Evaluation’s failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. The Terms of Use constitutes the entire agreement between you and Association Evaluation and govern your use of the service, superseding any prior agreements (including, but not limited to, any prior versions of the Terms of Use). If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent that the remaining provisions of the Terms of Use will continue in full force and effect.

©2017 Association Evaluation LLC. All rights reserved.
Association Evaluation® and The PARScoreTM and their related logos are trademarks or registered trademarks of Association Evaluation LLC in the United States and in jurisdictions throughout the world. The PARRegistry, PARReport report and PARScoreTM rating system are patent pending, fully insured and strictly enforced.