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EFFECTIVE DATE: 5/24/2021
INTRODUCTION
nativecontractors.org is operated, owned, and maintained by the Native American Contractors Association (NACA). By visiting, accessing and using the services of NACA, you agree to these Terms of Use ("Agreement”).
THIRD PARTY SITES & OUTSIDE RESOURCES
On nativecontractors.org, you may find hyperlinked text or images that take you to a third party site or resource. While NACA ensures the accuracy of the link, it is neither responsible for the availability of 3rd party websites or resources nor does endorse or be liable for any of their content, products, advertisements, or other information presented on them. NACA is not responsible or liable - directly or indirectly - for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such 3rd party sites or resources.
NACA is not liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of jkventerprises.com or to your downloading of any material posted on it, or on any website linked to it. Use of this website is at your own risk.
IDEAS & SUGGESTIONS
NACA considers suggestions, ideas, proposals or other material submitted to it to be non-confidential and non-proprietary. NACA is not liable for the disclosure or use of such materials, suggestions, or ideas. Any communication by you to the NACA is subject to this Agreement. You hereby grant and agree to grant NACA - under all of your rights in the material, idea, or suggestion - a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sub-licensable and transferable right and license to incorporate, use, publish and exploit such material, suggestion, or idea for any purpose whatsoever - commercial or otherwise - including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
PROHIBITIONS
You are prohibited from transmit any worms or viruses or any code of a destructive nature. You are prohibited from using the site or its content: for any unlawful purpose; to solicit others to perform or participate in any unlawful acts; to violate any international, federal, or state regulations, rules, laws, or local ordinances; to infringe upon or violate our intellectual property rights or the intellectual property rights of others; to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; to submit false or misleading information; to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of jkventerprises.com, other websites, or the Internet; to collect or track the personal information of others; to spam, phish, pharm, pretext, spider, crawl, or scrape; for any obscene or immoral purpose; or to interfere with or circumvent the security features of NACA, other websites, or the Internet. We reserve the right to terminate your use of nativecontractors.org for violating any of the prohibited uses.
RESOLUTION OF DISPUTES
If a dispute arises between us, please first contact us by submitting an e-mail to try to resolve the matter. We will do our best to resolve matters as reasonably and expeditiously as possible. Should the matter not be satisfactorily resolved after submitting an e-mail, please send us a written request to the address listed on the Get In Touch page. All unresolvable disputes by NACA or with this agreement shall be settled by arbitration in the District of Columbia using the English language by one commercial arbitrator that is a member of the American Arbitration Association and has substantial experience in commercial contracts and intellectual property. Applicable rules of the American Arbitration Association will be followed; judgment upon the award rendered by the arbitrator may be entered in any District of Columbia court having jurisdiction thereof. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in District of Columbia courts in the District of Columbia. You and NACA agree that any cause of action must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
You release NACA (and NACA officers, directors, agents, subsidiaries, joint ventures, and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes with one or more customers, NACA, or a 3rd party.
INTELLECTUAL PROPERTY
NACA graphics, logos, designs, page headers, button icons, scripts, and service names are the intellectual property of our company. NACA intellectual property and URL address may not be used, including as part of trademarks and/or as part of domain names, keywords, or email addresses, in connection with any product or service in any manner that is likely to cause confusion without the written consent of an authorized representative of NACA.
NO WARRANTY
NACA OFFICERS, DIRECTORS, EMPLOYEES PROVIDE THE THIS WEBSITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. NACA OFFICERS, DIRECTORS, EMPLOYEES SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM JKV ENTERPRISES, LLC SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
LIMITED LIABILITY
IN NO EVENT SHALL NACA OFFICERS, DIRECTORS, EMPLOYEES BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THIS WEBSITE OR ITS SISTER SITES OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
THE LIABILITY OF NACA OFFICERS, DIRECTORS, EMPLOYEES TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF MONIES YOU HAVE PAID TO JKV ENTERPRISES, LLC IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY FROM USAGE OF THIS SITE, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
INDEMNITY YOU AGREE TO INDEMNIFY AND HOLD NACA OFFICERS, DIRECTORS, EMPLOYEES HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
NO GUARANTEE OF SERVICE
NACA does not guarantee continuous, uninterrupted access to jkventerprises.com, and operation of these sites may be interfered with by numerous factors outside of NACA’s control.
SEVERABILITY
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
CHANGES OR TERMINATION OF SERVICES
NACA reserves the right to modify or terminate services at jkventerprises.com for any reason, without notice, at any time. NACA reserves the right to alter these "Terms of Use & Service" or other site policies at any time, so please review the policies frequently. If NACA makes a material change, we will notify you by means of a notice on this page, or other places NACA deems appropriate. What constitutes a "material change" will be determined at NACA’s sole discretion, in good faith, and using common sense and reasonable judgment.
CHOICE OF LAW
To the extent not otherwise governed by the laws of the United States, this Agreement shall be governed by the laws of the Commonwealth of Virginia without giving effect to principles of conflicts of law. Participants irrevocably consent to the exclusive jurisdiction and venue of the courts located in the District of Columbia.
NOTICES
Except as explicitly stated otherwise, any notices shall be given by postal mail to the address listed on the Get In Touch page.
ORGANIZATION CHANGES
This Agreement may be terminated by the merger, sale, or consolidation of NACA into or with any other entity at NACA’s sole discretion.
TERMINATION
NACAmay terminate this Agreement at any without notice and for any reason.
SUCCESSORS AND ASSIGNS
All of the provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, if any, successors, and assigns.
HEADINGS
Section headings are not to be considered a part of this Agreement and are not intended to be a full and accurate description of the contents hereof.
WAIVER
Waiver by one party hereto of breach of any provision of this Agreement by the other shall not operate or be construed as a continuing waiver.
MODIFICATION OR AMENDMENT
No amendment, change, or modification of this Agreement shall be valid unless in writing signed by the parties hereto.
ENTIRE UNDERSTANDING
This document constitutes the entire understanding and agreement of the parties, and any and all prior agreements, understandings, and representations are hereby terminated and canceled in their entirety and are of no further force and effect.
UNENFORCEABILITY PROVISIONS
If any provision of this Agreement, or any portion thereof, is held to be invalid and unenforceable, then the remainder of this Agreement shall nevertheless remain in full force and effect.
nativecontractors.org is operated, owned, and maintained by the Native American Contractors Association (NACA). By visiting, accessing and using the services of NACA, you agree to these Terms of Use ("Agreement”).
THIRD PARTY SITES & OUTSIDE RESOURCES
On nativecontractors.org, you may find hyperlinked text or images that take you to a third party site or resource. While NACA ensures the accuracy of the link, it is neither responsible for the availability of 3rd party websites or resources nor does endorse or be liable for any of their content, products, advertisements, or other information presented on them. NACA is not responsible or liable - directly or indirectly - for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such 3rd party sites or resources.
NACA is not liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of jkventerprises.com or to your downloading of any material posted on it, or on any website linked to it. Use of this website is at your own risk.
IDEAS & SUGGESTIONS
NACA considers suggestions, ideas, proposals or other material submitted to it to be non-confidential and non-proprietary. NACA is not liable for the disclosure or use of such materials, suggestions, or ideas. Any communication by you to the NACA is subject to this Agreement. You hereby grant and agree to grant NACA - under all of your rights in the material, idea, or suggestion - a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sub-licensable and transferable right and license to incorporate, use, publish and exploit such material, suggestion, or idea for any purpose whatsoever - commercial or otherwise - including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
PROHIBITIONS
You are prohibited from transmit any worms or viruses or any code of a destructive nature. You are prohibited from using the site or its content: for any unlawful purpose; to solicit others to perform or participate in any unlawful acts; to violate any international, federal, or state regulations, rules, laws, or local ordinances; to infringe upon or violate our intellectual property rights or the intellectual property rights of others; to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; to submit false or misleading information; to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of jkventerprises.com, other websites, or the Internet; to collect or track the personal information of others; to spam, phish, pharm, pretext, spider, crawl, or scrape; for any obscene or immoral purpose; or to interfere with or circumvent the security features of NACA, other websites, or the Internet. We reserve the right to terminate your use of nativecontractors.org for violating any of the prohibited uses.
RESOLUTION OF DISPUTES
If a dispute arises between us, please first contact us by submitting an e-mail to try to resolve the matter. We will do our best to resolve matters as reasonably and expeditiously as possible. Should the matter not be satisfactorily resolved after submitting an e-mail, please send us a written request to the address listed on the Get In Touch page. All unresolvable disputes by NACA or with this agreement shall be settled by arbitration in the District of Columbia using the English language by one commercial arbitrator that is a member of the American Arbitration Association and has substantial experience in commercial contracts and intellectual property. Applicable rules of the American Arbitration Association will be followed; judgment upon the award rendered by the arbitrator may be entered in any District of Columbia court having jurisdiction thereof. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in District of Columbia courts in the District of Columbia. You and NACA agree that any cause of action must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
You release NACA (and NACA officers, directors, agents, subsidiaries, joint ventures, and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes with one or more customers, NACA, or a 3rd party.
INTELLECTUAL PROPERTY
NACA graphics, logos, designs, page headers, button icons, scripts, and service names are the intellectual property of our company. NACA intellectual property and URL address may not be used, including as part of trademarks and/or as part of domain names, keywords, or email addresses, in connection with any product or service in any manner that is likely to cause confusion without the written consent of an authorized representative of NACA.
NO WARRANTY
NACA OFFICERS, DIRECTORS, EMPLOYEES PROVIDE THE THIS WEBSITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. NACA OFFICERS, DIRECTORS, EMPLOYEES SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM JKV ENTERPRISES, LLC SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
LIMITED LIABILITY
IN NO EVENT SHALL NACA OFFICERS, DIRECTORS, EMPLOYEES BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THIS WEBSITE OR ITS SISTER SITES OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
THE LIABILITY OF NACA OFFICERS, DIRECTORS, EMPLOYEES TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF MONIES YOU HAVE PAID TO JKV ENTERPRISES, LLC IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY FROM USAGE OF THIS SITE, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
INDEMNITY YOU AGREE TO INDEMNIFY AND HOLD NACA OFFICERS, DIRECTORS, EMPLOYEES HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
NO GUARANTEE OF SERVICE
NACA does not guarantee continuous, uninterrupted access to jkventerprises.com, and operation of these sites may be interfered with by numerous factors outside of NACA’s control.
SEVERABILITY
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
CHANGES OR TERMINATION OF SERVICES
NACA reserves the right to modify or terminate services at jkventerprises.com for any reason, without notice, at any time. NACA reserves the right to alter these "Terms of Use & Service" or other site policies at any time, so please review the policies frequently. If NACA makes a material change, we will notify you by means of a notice on this page, or other places NACA deems appropriate. What constitutes a "material change" will be determined at NACA’s sole discretion, in good faith, and using common sense and reasonable judgment.
CHOICE OF LAW
To the extent not otherwise governed by the laws of the United States, this Agreement shall be governed by the laws of the Commonwealth of Virginia without giving effect to principles of conflicts of law. Participants irrevocably consent to the exclusive jurisdiction and venue of the courts located in the District of Columbia.
NOTICES
Except as explicitly stated otherwise, any notices shall be given by postal mail to the address listed on the Get In Touch page.
ORGANIZATION CHANGES
This Agreement may be terminated by the merger, sale, or consolidation of NACA into or with any other entity at NACA’s sole discretion.
TERMINATION
NACAmay terminate this Agreement at any without notice and for any reason.
SUCCESSORS AND ASSIGNS
All of the provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, if any, successors, and assigns.
HEADINGS
Section headings are not to be considered a part of this Agreement and are not intended to be a full and accurate description of the contents hereof.
WAIVER
Waiver by one party hereto of breach of any provision of this Agreement by the other shall not operate or be construed as a continuing waiver.
MODIFICATION OR AMENDMENT
No amendment, change, or modification of this Agreement shall be valid unless in writing signed by the parties hereto.
ENTIRE UNDERSTANDING
This document constitutes the entire understanding and agreement of the parties, and any and all prior agreements, understandings, and representations are hereby terminated and canceled in their entirety and are of no further force and effect.
UNENFORCEABILITY PROVISIONS
If any provision of this Agreement, or any portion thereof, is held to be invalid and unenforceable, then the remainder of this Agreement shall nevertheless remain in full force and effect.
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