Terms and Conditions

Introduction

For both your protection and ours, we have established the following terms-of-use agreement and accompanying privacy policy, the terms of which are incorporated into and made a part of these terms of use, and which together constitute a contractual agreement between you and the National Council of Examiners for Engineering and Surveying (NCEES), a South Carolina nonprofit corporation. All visitors to this website, whether transacting business or not, must follow these terms of use while on our website. Your use of ncees.org means that you acknowledge these terms of use and agree to abide by and to be legally bound by them and all applicable laws and regulations at all times. Because we reserve the right to modify these terms of use and privacy policy at any time without notice to you, please check them and any linked information regularly for changes. Please note that from time to time in this agreement we will refer to (i) this website as the “site” or the “NCEES site”; (ii) ourselves as “NCEES,” “us,” or “we”; and (iii) individual engineers, surveyors, students, state agencies, and visitors to the site as “you,” “user,” or “visitor.”

Trademarks/copyrights

The content on the site, including but not limited to the letters and service marks, “NCEES®”, the NCEES logo, National Council of Examiners for Engineering and Surveying®, other NCEES logos and titles, registered and unregistered trademarks (“trademark” as used herein includes service marks), and study materials, is protected under U.S. copyright, trademark, and/or other laws, and the property of NCEES, and certain content is property of member boards of NCEES or others who have authorized its use. Member boards and others to whom a user has authorized transmission of information are sometimes referred to herein as “affiliates.” Certain trademarks, names or identification of affiliates, suppliers, clients, members or states, or state boards are owned by such persons or entities. Unauthorized use of content may violate applicable copyright, trademark, intellectual property, and other laws (some of which provide criminal remedies). You may not sell or modify the content or reproduce, display, distribute, or otherwise use the content in any way for any public or commercial purpose, including but not restricted to the adaptation of the HTML code that NCEES creates to generate its pages. You shall not display, disparage, dilute, or taint our trademarks or use any confusingly similar marks or names, or use our marks in such a way that would misrepresent who the proper owner of such mark is.

Restrictions

No Illegal Use of the Site. Neither users of nor visitors to the site may use the site to transmit, distribute, store, or destroy content (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret, or other intellectual property rights of others or violate the privacy, publicity, or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive, or hateful.

No Interference with Security. Visitors are prohibited from violating or attempting to violate the security of the site, including, without limitation, (a) accessing data not intended for such visitor or logging into a server or account that the visitor is not authorized to access, (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any visitor, host or network, including, without limitation, via means of submitting a virus to the site, overloading, “flooding,” “spamming,” “mailbombing,” or “crashing,” (d) sending unsolicited email, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any email. Violations of system or network security may result in civil or criminal liability. Any occurrences that may involve such violations are subject to investigation by NCEES and law enforcement authorities in prosecuting visitors who are involved in such violations.

Specific Prohibited Uses. NCEES specifically prohibits any use of the site for, and you agree not to use the site for, any of the following:

• To delete or revise any content posted by any other person or entity without permission.
• To take any action that imposes an unreasonable or disproportionately large load on this site’s infrastructure.
• Notwithstanding anything to the contrary contained herein, to use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search this site other than the search engine and search agents available from NCEES on this site and other than generally available third-party web browsers.
• To attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the site.
• To frame or link to the site or any of the content or information available from this site without prior express written permission from NCEES.
• To introduce viruses or any other computer code, files, or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
• To damage, disable, overburden, impair, or gain unauthorized access to the site or our servers, computer network, or user accounts.
• To collect information about other users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications, or for any other purpose not explicitly authorized by us.
• To falsify, conceal, or modify information identifying yourself or another user, including Internet Protocol header information.

Limitation of liability and warranty

You agree that use of this site is entirely at your own risk. This site and the services provided therein are provided “as is,” without warranty of any kind, either express or implied, including without limitation any warranty for information, services, uninterrupted or error-free access, or products provided through or in connection with the service (unless such warranties are legally incapable of exclusion).

Specifically, we disclaim any and all warranties, including without limitation: 1) any warranties concerning the availability, accuracy or content of information, products, or services; and 2) any warranties of title or warranties of merchantability or fitness for a particular purpose. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay, inoperability, or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. You specifically acknowledge that we are not liable for the defamatory, offensive, or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with you.

Neither we nor any of our agents, affiliates, other affiliated persons or entities, co-branders, partners or content providers shall be liable for any direct (IN EXCESS OF THE LIMITATION OF LIABILITY HEREINAFTER PROVIDED), indirect or incidental damages, lost profits or data, or special or consequential damages arising out of use of the site or inability to gain access to or use the site, whether based on breach of warranty, contract, tort, strict liability, or any other legal theory, and whether or not NCEES is advised of the possibility of such damages. Some states do not allow the exclusion or limitation of incidental or consequential or certain other damages, so the above limitation or exclusion may not apply to you. In no event shall the total liability of NCEES to you for all damages, losses, or causes of action exceed the amount, if any, that you paid to NCEES over the 12 months preceding the claim of liability, or 50 dollars, whichever is greater.

You hereby also acknowledge that the provisions of this section shall apply to all content and services on the site.

Termination

Your use of services provided on this site is at the discretion of NCEES and may be suspended or terminated at any time in the sole discretion of NCEES. In the event of any such suspension or termination, NCEES will not be responsible for any lost opportunities or other damages or loss that you may incur as a result of such suspension or termination. Upon any breach by you of these terms of use, NCEES reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your submissions from the site and immediate termination of your registration with or ability to access any account on the site and/or any other service provided to you by NCEES.

Your obligation not to transfer in violation of any law/transfer to the United States

If you are located outside the United States, you are notified and aware that the personal data you provide to us is anticipated to be transferred to the United States. Whenever you submit any personal data to us, you consent to this transfer and all related transfers (e.g. to state registration boards, etc. as envisaged in this agreement and the site), and you promise and agree not to make any transfer (including without limitation, transfers to us) except as permitted by applicable law. We make no representation that the site, content, or services provided on the site are appropriate or available for use in locations outside the United States. Access to this site from jurisdictions where the site, content, services, or envisioned communications or content of the communications, are, or may be illegal, is prohibited. If you are an international visitor (a) you are responsible for compliance with all local laws, (b) you represent and warrant that you are authorized to release to us the information contemplated in this agreement, and (c) you forever release NCEES (and the indemnified parties) from claims, demands, and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any violation of such local laws, and whether or not you may have made us aware of any such matters.

General provisions

You agree to the fullest extent permitted by applicable law that any dispute between you and us will be governed by the laws of the United States of America and the state of South Carolina, without regard to conflict of laws principles, and that any legal action brought by one party against the other will be brought exclusively in the appropriate court within the State of South Carolina.

If you are located outside the United States of America, you agree that to the extent permitted by the applicable governing law, by entering into this agreement, you voluntarily subject yourself to the jurisdiction of the state or federal courts of Greenville County, South Carolina, and you agree that you may be sued in those courts and subject to the judgments and orders of those courts.

If you are a citizen of a country that does not permit Internet transactions to be governed by the laws of South Carolina and/or the applicable U.S. federal law as above referenced in accordance with these terms of use, please immediately cease use of this site.

Except as expressly provided in additional terms of use for areas of the site, a particular “legal notice,” or software license or content on particular webpages, these terms of use constitute the entire agreement between you and NCEES with respect to the use of the site. No changes to these terms of use shall be made except by a revised posting by NCEES on this site.

Even if we act in a way that you believe to be inconsistent with this agreement, those actions will not be deemed a waiver or constructive amendment of this agreement. Similarly, our failure to object to your breach of your obligations under this agreement does not constitute a waiver of any of our rights.

If any provision of this agreement is ruled unlawful, void, or unenforceable, that provision will be severed from this agreement, and the other provisions will remain effective and enforceable. In addition, the severed provision will, to the extent permitted by applicable law, be deemed replaced with a comparable provision that most closely reflects the original intent of the parties.

We reserve the right to terminate the site and this agreement or your access or use of the site at any time without notice for any reason, including, in the case of this agreement, for your violation of any of its provisions. The provisions of this agreement, which by their nature extend beyond the termination of the agreement, will survive termination of the agreement or termination of your use or access to all or any portion of the site.