Terms and Conditions
Terms of Use
I. INTRODUCTION
1. Welcome to the MainStreet.org (aka preservationnation.org/main-street/) (including the online Main Street Allied Services Directory) website, a website owned and controlled by the National Trust for Historic Preservation in the United States (National Trust).
2. The terms and conditions of use stated below, along with the policies and guidelines located throughout the Site identify what users of can expect and what we can expect from users of the Site.
II. Condition of Use
The Main Street Business Directory provides website features to you subject to the following conditions. As User of the Main Street directory, you accept these terms and conditions. Please read them carefully. In addition, when you use any current or future Main Street service or business you also will be subject to the guidelines, terms and agreements applicable to such service or business, for which the National Trust disclaims any and all liability.
III. MEMBERSHIP
1. Allied Member – Service or Product Provider
An Allied Member of the National Trust Main Street Center is a paid annual professional membership of the National Trust for Historic Preservation. Allied Membership is for either service or product providers, including but not limited to ______. Allied Members receive access to the following benefits; two electronic copies of the membership mailing list, reduced exhibit fees at the National Main Streets Conference, a listing in the online Allied Services Directory and sponsorship opportunities with the National Main Street Center. By purchasing an Allied Membership from the National Trust Main Street Center you are agreeing to abide by the terms and conditions set forth herein.
2. Standard Member - Organization
A Standard Member of the National Trust Main Street Center is a paid annual professional organizational membership of the National Trust for Historic Preservation. A Standard Member is for organizations including but not limited to _________________ but does not generally include service and, or product providers, as set forth above. The Standard Member receives access to the following benefits; all the benefits of standard National Trust membership, a subscription to the monthly members magazine, Main Street News and email newsletter; exclusive access to the Main Street website Members Area and list serve; the opportunity to promote Main Street businesses on ShopMainStreet.org; discounts on materials and publications through the Main Street Bookstore and Preservation Books; member discounted registration rates for the annual National Main Streets Conference; the opportunity to have a secure online donation page hosted through the National Trust; and access to health and special insurance for buildings, businesses, events and organizations through the National Trust Insurance Services program. By purchasing a Standard Membership from the National Trust Main Street Center you are agreeing to abide by the terms and conditions set forth herein.
3. The National Trust Main Street Center reserves the right to modify the terms and conditions of either the Allied or Standard Membership at any time.
4. National Trust has the right to terminate your Membership as a result of prohibited Member conduct as set forth herein.
IV. USERS
1. Users and Site Visitors
User is defined as a member of the National Trust Main Street Center, as defined above. Site visitors are members of the general public who navigate to, and post comments on, the mainstreet.org, but are not paying members of mainstreet.org
2. Username and Password
You are responsible for maintaining the confidentiality of your username and password. You shall be responsible for all uses of your username, whether or not authorized by You. You agree to immediately notify MainStreet of any unauthorized use of your username and password. You must be 18 years or older to purchase membership, products or services through the website. MainStreet reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders/membership in their sole discretion.
3. NOTICES
It is your responsibility to maintain a valid, working email address in order to properly receive notices from the National Trust or interested parties, and respond in a timely fashion. User acknowledges and agrees that any communication via email or by postings on the Site satisfied any legal requirement that such communications be made in writing.
V. Copyright and Trademark Notice
1. MainStreet® and National Trust Main Street Center® are registered trademarks of the National Trust for Historic Preservation.
2. The use of any association to the name MainStreet, its content, communities, categories and associated databases may not be extracted and reprinted in any form or combination, for any purpose, however limited, including the creating or adding to another databases without the express written consent of the National Trust. No part of the information services on the website may be captured and reproduced in any other form or by any other means for the purpose of distributing the information to other parties without the express written consent of the National Trust.
3. As a member of the National Trust Main Street Center, the National Trust grants you a limited license to access and make personal use of the site and not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of the National Trust.
VI. Content posted by third parties
1. The National Trust is under no obligation to monitor the information residing on or transmitted to this web site; however, any party who posts information to this web site agrees that the National Trust may take appropriate action in order to prevent the violation of the rights of National Trust or of other parties, in order to comply with any law, regulation or other governmental request, or in order to operate this web site properly or to protect itself or others. The National Trust reserves the right to modify, reject, or eliminate any information residing on or transmitted to this web site that, in its sole discretion, it believes is unacceptable or in violation of these terms and conditions. The use, distribution, or publication of any materials posted by third parties does not constitute or imply an endorsement of such materials or of any opinions or comments in such materials. The National Trust disclaims all responsibility for any defamatory, obscene, copyright or trademark infringing material posted to this web site by any third party. The National Trust retains the right to remove any member, revoke membership in any program or listserve, and/or to prohibit any person or entity from participating in any program or listserve, when necessary for the benefit of the program, in the National Trust's sole discretion.
2. Any party who posts information to this web site represents that it is the sole owner of all rights in materials posted by it (including all related copyrights) or that it has the absolute right to license their use as provided in this section and you will indemnify the National Trust for all claims resulting from the content you supply. While the posting party will retain ownership of the copyright in the materials it posts, the posting party agrees that all of the materials it posts shall become part of a database, and that the National Trust will own the compilation copyright in that database. The posting party hereby grants the National Trust a perpetual, worldwide, irrevocable license to use, reproduce, modify, publish, publicly perform, publicly display, and distribute its posting, any portion of such posting and any derivative works created from such posting, in print electronic and other media, by any means now known or developed in the future. The National Trust may sublicense all of its rights and licenses or assign them to third parties. Neither the National Trust nor any third party using the posting in accordance with this section will be obligated to pay the posting party any royalties or other compensation for use of the posting. The National Trust shall have no duty to attribute authorship of the posting to the posting party. The National Trust shall not be obligated to enforce any form of attribution by third parties.
VII. Disclaimer of Endorsement
1. Any mention of a product, service, company or sole proprietor in this web site or in links to this web site shall not constitute nor be construed as an endorsement of any such product, service, company or sole proprietor by the National Trust.
2. Agreement to the Terms of Use shall not be construed to imply that either party is acting as an agent, employee, partner, joint venture or legal representative of the other. Each acknowledges that it has no right or authority to create an obligation, representation, or responsibility, express or implied, on behalf of the other except as expressly set forth herein.
VIII. Use of Content
The information and materials made available on this web site are designed to provide accurate and useful information in regard to the subject matter covered. It is made available with the understanding that the National Trust is not engaged in rendering legal or other professional services. If legal advice or other expert assistance is required, the services of a competent professional should be sought.
IX. ASSIGNMENT
No assignments, either directly or indirectly, will be allowed without the prior written consent of the National Trust.
X. Disclaimers and Limitation of Liability
To the fullest extent permitted by law, the National Trust is not responsible for and makes no warranties, express or implied, as to any Content appearing on the Site, including without limitation, any User Created Content or the accuracy and reliability of the Content, including User Created Content posted on the National Trust Main Street Center site or through National Trust Main Street Center services, whether caused by Users of the site or the service or by any of the equipment or programming associated with or utilized in the site. Content, including User Created Content, does not necessarily reflect the opinions or policies of the National Trust. Profiles and third party applications created and posted by Users may create links to other websites. National Trust is not responsible for the content, accuracy or opinions expressed on such sites, and such sites are not necessarily investigated, monitored or checked for accuracy or completeness by National Trust. Inclusion of any link site does not represent approval or an endorsement of the site, its products or services offered. When you access third party sites, you do so at your own risk.
XI. Warranty Disclosure
ALL MATERIALS AND RELATED GRAPHICS PROVIDED BY THIS WEB SITE AND ANY OTHER MATERIALS WHICH ARE REFERENCED BY OR LINKED TO THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE NATIONAL TRUST HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO ANY MATERIALS PROVIDED BY THIS WEB SITE OR ANY OTHER MATERIALS WHICH ARE REFERENCED BY OR LINKED TO THIS WEB SITE, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE NATIONAL TRUST DOES NOT WARRANT THE ACCURACY, QUALITY, CONTENT, OR LEGALITY OF ANY MATERIALS PROVIDED BY THIS WEB SITE OR ANY OTHER MATERIALS WHICH ARE REFERENCED BY OR LINKED TO THIS WEB SITE AND ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS PROVIDED BY THIS WEB SITE OR ANY OTHER MATERIALS WHICH ARE REFERENCED BY OR LINKED TO THIS WEB SITE. IN NO EVENT SHALL THE NATIONAL TRUST BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL DAMAGES, OR FOR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION CONTAINED IN ANY MATERIALS PROVIDED BY THIS WEB SITE OR IN ANY OTHER MATERIALS WHICH ARE REFERENCED BY OR LINKED TO THIS WEB SITE, UNDER ANY THEORY OF LIABILITY USED.
XII. DISPUTES
1. Any claim or controversy at law or equity that arises out of the Terms of Use or the Site shall be resolved through binding arbitration conducted by telephone, online or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association under its commercial arbitration rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
2. Alternatively, National Trust, at its sole option, reserves the right to adjudicate claims (including claims for injunctive relief or other equitable relief) through the District of Columbia. You agree that the laws of the District of Columbia, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort will arise between you and the National Trust.
3. You are solely responsible for your interaction with other Users. The National Trust reserves the right, but has no obligation, to become involved in any way with disputes between you and other users.
XIII. Updates
The National Trust may update or make changes to the materials provided by this web site at any time without notice; however, the National Trust makes no commitment to update the information contained herein, and makes no representation or warranty concerning the accuracy of any information.
