NATIONAL SOCIETY OF PROFESSIONAL SURVEYORS, INC.

TERMS OF USE

September 3, 2020

THESE TERMS AND CONDITIONS OF USE (“TERMS OF USE”) DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES WITH REGARDS TO USE OF THE NATIONAL SOCIETY OF PROFESSIONAL SURVEYORS, INC., (“NSPS”) WEBSITES, CURRENTLY AVAILABLE AT WWW.NSPS.US.COM, WWW.TRIG-STAR.COM, WWW.SURVEYORSDAY.COM, WWW.YOUNGSURVEYORS.COM AND WWW.CSTNSPS.COM, NSPS MOBILE-BASED APPLICATIONS, AND NSPS SOCIAL MEDIA CHANNELS. 

1. Acceptance of Terms of Use; Reliance on Information Posted

These terms and conditions of use are entered into by and between You as the user (“You”/”you” or “Your”/”your”), and the National Society of Professional Surveyors, Inc., (“NSPS”), and its parent, subsidiaries, and affiliated companies (collectively, “NSPS”, “We”/”we”, “Us”/”us”), or “Our”/”our”). The following terms and conditions of use, together with any documents expressly incorporated by reference (collectively, these “Terms of Use”), govern your access to and use of the NSPS websites, currently available at www.nsps.us.com, www.trig-star.com, www.beasurveyor.com, www.surveyorsday.com, www.youngsurveyors.com and www.cstnsps.com, NSPS mobile-based applications, and NSPS social media channels (collectively, the “NSPS Sites”). BY ACCESSING, VIEWING, USING, AND/OR REGISTERING WITH THE SITES, YOU AGREE TO BE BOUND BY AND ABIDE BY THESE TERMS OF USE.

The Sites are made available solely for your personal use, and for general informational purposes only. You agree to comply with all applicable laws while using the Sites.

You may only access the Sites using authorized means.  It is your responsibility to check to ensure you download the correct software for your device.  NSPS is not liable if you do not have a compatible device. 

2. Notices; Modification and Termination of Services; Amendment of the Terms

NSPS reserves the right to make changes to the Terms of Use at any time by posting revised terms directly to this page.  Amendments to the Terms of Use are effective when posted, and the date on which the Terms of Use was last revised is identified at the top of this page.  IT IS YOUR RESPONSIBILITY TO MONITOR AND REVIEW UPDATES AND AMENDMENTS TO THE TERMS OF USE.  YOUR CONTINUED USE OF ANY OF THE SITES AFTER THE POSTING OF UPDATES AND AMENDMENTS WILL BE DEEMED ACCEPTANCE OF ANY AND ALL CHANGES TO THE TERMS OF USE.

NSPS reserves the right at any time, in its sole discretion, to modify, suspend, withdraw, or terminate the Sites or any services provided through the Sites (or any part thereof), and/or your use of, or access to, the Sites, with or without notice.  NSPS may also delete, restrict, or prohibit your access to, and/or use of, the Sites, in whole or in part, including if you are a registered users.

NSPS will not be liable to you or any third party if, for any reason, all or any part of the Sites are unavailable at any time or for any period of time. NSPS will not be liable for any modification, suspension, withdrawal, or termination of the services or content provided through the Sites, or for the loss of any related information.

If you are dissatisfied with the services provided through the Sites, your sole and exclusive remedy is to discontinue your use of the Sites.

3. Accessing the Sites; Registration Data

Some features of the Sites may require you to register as a user, and to receive NSPS authorization before you can use particular features, including forums, mailing lists, meeting registrations, and other services. While you may view, access, and/or use some of the functionality of the Sites without registration, specific tools and services on the Sites require registration, and your submission of Personally Identifiable Information (“PII”). Your submission, and our collection and use, of PII through the Sites is governed by NSPS’s Privacy Policy. 

You are the sole authorized user of any account you create on or through the Sites. You must treat your Username, Password, and any other piece of information (such as security questions and answers) that form a part of our security procedures and protocols, as confidential information and you must not disclose such confidential information, in whole or in part, to any third party, unless required to do so by order of law. You are solely and fully responsible for all access, actions, activities, and content that occur under and/or in association with your Username or Password.  You agree that you shall monitor your NSPS account for use by any and all third parties, and that you will accept full responsibility for any unauthorized use of your Username, Password, and/or NSPS account.  You agree to notify NSPS immediately of any unauthorized access to, or use of, your Username or Password or NSPS account, and/or any other breach of security. You also agree to ensure that you log out of your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to access your account, or view or record your Password or other personal information.  

NSPS HAS NO CONTROL OVER THE UNAUTHORIZED USE OF ANY USERNAME OR PASSWORD, AND EXPRESSLY DISCLAIMS ANY LIABILITY FOR SUCH UNAUTHORIZED USE. BY USING THE SITES, YOU ACCEPT ALL RISK OF UNAUTHORIZED ACCESS TO, AND/OR USE OF, ALL INFORMATION YOU PROVIDE TO NSPS. 

By using the Sites as a registered user, you agree to maintain and promptly update the information you provide to NSPS, and keep all such information accurate, current, and complete.  

We have the right to disable any Username, Password, or other identifier, whether chosen by you or provided by NSPS, at any time if, in our sole determination, you have violated any provision of these Terms of Use or any other NSPS policy or guideline, including but not limited to the NSPS Privacy Policy.  If you have access to the Sites as a designated representative of a business, NSPS may terminate your right to use the Sites upon notification that you are no longer a designated representative for that business.

4. Geographic Restrictions 

NSPS is a Maryland corporation with a principal place of business in Frederick, Maryland. NSPS makes no representation that the Sites, the content of the Sites, or the services available through the Sites are appropriate for, or accessible to, users outside of the United States, or in all locations within the United States. If you access the Sites from outside the United States, you do so on your own initiative, and are responsible for compliance with all applicable laws in the jurisdiction from which you view, access, and/or use the Sites.

NSPS, and our Sites, are based in the United States and, regardless of where you view, access, or use our Sites, any information collected as part of that access or use will be transferred to and maintained on servers located in the United States.  Any information we obtain about you will be stored in accordance with U.S. privacy laws, regulations, and standards, which may not be equivalent to the laws in your country of residence or the location where you are viewing, accessing, or using the Sites.  By accessing and/or using our Sites, you consent to the capture, collection, transfer, transmission, storage, processing, and use of your information in and to the United States.

5. Prohibited Activities 

YOU ACKNOWLEDGE AND AGREE THAT, WITH RESPECT TO YOUR ACCESS TO AND/OR USE OF THE SITES, OR OF ANY FUNCTIONALITY OF OR FEATURES OF THE SITES, YOU SHALL NOT, INTENTIONALLY OR UNINTENTIONALLY, KNOWINGLY OR UNKNOWINGLY, DIRECTLY OR INDIRECTLY, THROUGH YOURSELF OR THROUGH ANOTHER, BY MANUAL, MECHANICAL, ELECTRONIC, OR OTHER MEANS: 

  • In any manner or form violate any applicable federal, state, local, or other any other law or regulation;
  • Transmit, or enable the transmission of, any advertising or promotional communications;
  • Transmit, or enable the transmission of, any spam, phishing, junk, chain, or other similar communications;
  • Misrepresent your affiliation with any person or entity;
  • Impair, limit, prohibit, or in any manner disrupt the functionality of the Sites; 
  • Impair, limit, prohibit, or in any manner disrupt access to and/or use by NSPS or others of the Sites;
  • Violate or circumvent, or attempt to violate or circumvent, the security and/or any security features/functionality of the Sites;
  • Violate any fiduciary or contractual relationship;
  • Access or attempt to access data, information, accounts, servers, software, hardware, files, or equipment which you are not authorized to access;
  • Probe, scan, assess, test, monitor, copy, corrupt, interfere with, disrupt, damage, modify, disable, or breach the Sites or any NSPS systems, databases, networks, or security measures; 
  • Use manual or automated software, devices, scripts, bots, programs, algorithms, methodologies, or other means or processes to access, “scrape,” “crawl,” or “spider” any public or private content or data on the Sites or any NSPS systems, databases, or networks;
  • “Frame,” “mirror,” or otherwise simulate the appearance or function of the Sites;

6. Disclaimer of Warranties 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT YOUR USE OF THE SITES, CONTENT, THIRD-PARTY CONTENT, LINKS, AND THIRD-PARTY SITES IS AT YOUR SOLE RISK. THE SITES, CONTENT, THIRD-PARTY CONTENT, LINKS, AND THIRD-PARTY SITES AND RELATED SERVICES AND FEATURES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES AS TO: (I) MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NONINFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; (II) RESULTS TO BE DERIVED FROM THE USE OF THE SITES; (III) WHETHER THE CONTENT AND THIRD-PARTY CONTENT IS TRUE, COMPLETE, ACCURATE, NON-MISLEADING, OR TIMELY; AND (IV) THE ABSENCE OF ANY VIRUSES OR OTHER HARMFUL CODE IN THE SITES, CONTENT, AND THIRD-PARTY CONTENT. WE DO NOT REPRESENT, COVENANT, OR WARRANT THAT ACCESS TO THE SITES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

REFERENCE TO ANY PRODUCT OR SERVICE OF ANY THIRD PARTY DOES NOT CONSTITUTE OR IMPLY ITS ENDORSEMENT OR RECOMMENDATION BY NSPS. THE VIEWS AND OPINIONS OF USERS OF THE SITES DO NOT NECESSARILY STATE OR REFLECT THE VIEWS AND OPINIONS OF NSPS.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NSPS AND ITS AFFILIATES, SUBSIDIARIES, LICENSORS, SERVICE PROVIDERS, SUPPLIERS, EMPLOYEES, AGENTS, MEMBERS, OFFICERS, DIRECTORS, AND OTHER REPRESENTATIVES, (ALL OF THE FOREGOING BEING COLLECTIVELY, “NSPS PARTIES”), DISCLAIMS AND WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS OR OTHER ECONOMIC ADVANTAGE) (“DAMAGES”) ARISING OUT OF OR IN CONNECTION WITH THE SITES, OR THE CONTENT OF THE SITES, EVEN IF NSPS HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY TO USE THE SITES, ANY WEBSITE, SOCIAL MEDIA CHANNELS, OR APPLICATIONS LINKED TO THE SITES, ANY CONTENT ON THE SITES, OR SUCH OTHER WEBSITES, SOCIAL MEDIA CHANNELS, OR APPLICATIONS LINKED TO SUCH CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES, OR THROUGH SUCH OTHER WEBSITES, SOCIAL MEDIA CHANNELS, OR APPLICATIONS LINKED TO THE SITES ; (b) 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 SITES; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITES, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (d) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE. 

8. Intellectual Property Rights 

All trademarks, trade names, service marks, trade dress, moving and still images, photos, drawings, graphics, videos, streaming images, audio files, streaming audio, tests, preparation tests, study guides, text books, teaching materials, and other proprietary content contained on the Sites, including its user interface, (collectively, the “Intellectual Property”), are the property of NSPS, its parent or affiliates, NSPS licensors, or other third parties. Except as specifically provided in these Terms of Use, nothing in these Terms of Use or on the Sites shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use, in whole or in part, with or without attribution, any of the Intellectual Property on the Sites. These Terms of Use permit you to use the Sites for your limited, personal, non-commercial, non-assignable use only. You agree not to reproduce, modify, publicly display, publicly perform, store, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works from, any of the content, in whole or in part, of the Sites. Any use of the content of the Sites not expressly permitted by these Terms of Use, is a breach of the Terms of Use and may violate copyright, trademark, and other laws.

NSPS Trademarks

As used herein, “NSPS Trademarks” means all company names, product and service names, related names, terms, marks, brands, logos, designs, trade dress, slogans, and other designations of origin of NSPS or its affiliates. You must not use any of the NSPS Trademarks without the express, prior written permission of NSPS. You may not remove or alter any NSPS Trademarks without NSPS’s prior written permission. You acknowledge NSPS’s rights in the NSPS Trademarks. You agree not to incorporate any NSPS Trademarks into your trademarks, service marks, company names, Internet addresses, domain names, social media handles, social media channels, or any other similar designations, for use on or in connection with you personally, or with your or any third party’s products, services, or information. 

If you wish to make any use of any content or other material on the Sites other than as set out in these Terms of Use, you may contact us at [email protected].

9. Identification of Agent for Receipt of Copyright Infringement Notices

We respect the intellectual property rights of others, and request that you do the same. Accordingly, we have adopted a policy to respond to notices of claimed infringement and terminate, in appropriate circumstances, the accounts of users who are repeat copyright infringers. If you believe that your copyright or the copyright of a person or entity on whose behalf you are authorized to act has been infringed, you may notify our copyright agent:

5119 Pegasus Court, Suite Q, Frederick, MD [email protected]

In your notice, please provide the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright.
  • A description of the copyrighted work that you claim has been infringed.
  • A description of where the material that you claim is infringing is located on the Sites, including but not limited to the URL.
  • Your address, telephone number, and email address.
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

10. User Contributions

The Sites may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features that allow users to post user contributions.  User contributions must comply, in whole and in part, with all applicable federal, state, local, and international laws and regulations. WITHOUT LIMITING THE FOREGOING, USER CONTRIBUTIONS MUST NOT:

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, inaccurate, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, age, or any other protected class.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other proprietary rights of any other person or entity.
  • Violate the legal rights (including the rights of publicity and privacy) of others.
  • Contain any material that could give rise to criminal or civil liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use or the Privacy Policy. 
  • Be likely to deceive.
  • Promote any illegal activity, or advocate, promote, or assist in any unlawful act.
  • Be likely to cause annoyance, inconvenience, duress, distress, discomfort or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes and other promotions, bartering or advertising not approved in advance in writing by NSPS.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
  • Includes unauthorized disclosure of the personal information of third parties.
  • Constitute electioneering, such as exhortations to vote for or against any candidate for public office.

11. Monitoring and Enforcement; Termination

NSPS has the right to:

  • Disclose your identity or other information about you to a third party who, in NSPS’s sole discretion, reasonably claims that material posted by you violates the third party’s rights, including his, her or its intellectual property rights or privacy rights.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Sites and/or the content of the Sites.
  • Terminate or suspend your access to all or part of the Sites for any or no reason, including without limitation, any violation of these Terms of Use.
  • Fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Sites.
  • Remove or refuse to post any user contribution for any or no reason in the sole discretion of NSPS.
  • Take any action with respect to any user contribution that NSPS deems necessary or appropriate in the sole discretion of NSPS.

FOR THE SAKE OF CLARITY, NSPS DOES NOT REVIEW ALL, IF ANY, USER CONTRIBUTIONS/CONTENT/POSTS/MATERIALS BEFORE SUCH CONTENT IS POSTED ON THE SITES. NSPS CANNOT ENSURE THE PROMPT REMOVAL OF OBJECTIONABLE MATERIAL AFTER IT HAS BEEN POSTED. ACCORDINGLY, NSPS ASSUMES NO LIABILITY FOR ANY ACTION OR INACTION REGARDING THE POSTING, TRANSMISSION, COMMUNICATION, STORAGE, OR USE OF CONTENT PROVIDED BY ANY USER OR THIRD PARTY. NSPS ASSUMES NO LIABILITY OR RESPONSIBILITY TO ANY INDIVIDUAL, INDIVIDUALS, ENTITY, OR ENTITIES FOR THE PERFORMANCE OR NONPERFORMANCE OF THE POTENTIAL BUT NOT REQUIRED OR GUARANTEED ACTIVITIES OF NSPS OUTLINED ABOVE.

12. Confidentiality of NSPS Information

You may access via the Sites to certain confidential information of NSPS and certain third parties that should reasonably be understood as confidential (“Confidential Information”). You agree to hold Confidential Information in strict confidence. Title to Confidential Information remains with NSPS and any third-party providers of Confidential Information. Upon termination of the Terms of Use or NSPS’s written request, you must cease use of Confidential Information and return or destroy it.

If, in response to a valid order by a court or other governmental body, as otherwise required by law, or as necessary to establish the rights of either party under these Terms of Use, you are required to disclose Confidential Information, then you may do so, but only to the minimum extent required and only after prior notice to NSPS adequate to afford NSPS the opportunity to object to the disclosure.

13. Indemnification by You 

You agree to defend, indemnify, and hold harmless NSPS and the other NSPS Parties from and against any and all Damages arising from, incurred as a result of, or in any manner related to (i) your user contributions or other content posted by you; (ii) your use of or connection to the Sites (including any use by you on behalf of your employer and any use by third parties under your accounts); (iii) your use of Site content; and/or (iv) your violation of the Terms of Use. NSPS may participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect NSPS’s rights or obligations shall be made without NSPS’s prior written approval. NSPS reserves the right, at NSPS’s own expense and on notice to you, to assume exclusive defense and control of any such claim or action; in such case your corresponding indemnification obligation will end.

14. Advertisements and Promotions

NSPS may run advertisements and promotions from third parties on the Sites. Your correspondence or business dealings with, or participation in promotions of, advertisers other than NSPS found on or through the Sites, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. NSPS is not responsible or liable for any damages or costs of any sort arising from or relating to any such dealings, or as the result of the presence of such non-NSPS advertisements or promotions on the Sites.  Advertisers on the NSPS Sites may collect information from you while you are using the NSPS Sites in accordance with the terms of the NSPS Privacy Policy. 

15. Links and Third Party Services 

The Sites may contain links to other sites, applications, and resources provided by third parties.  You acknowledge and agree that (a) NSPS is not responsible for the availability of such external sites or resources, (b) all links and identifications are provided solely for your convenience and for other informational purposes, and (c) NSPS does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites, resources, or medical professionals or their affiliations.

16. Information about You and Your Visits to the Sites; NSPS Privacy Policy

All information we collect on the Sites, whether submitted by you or collected automatically, is subject to our Privacy Policy, the terms of which are expressly incorporated herein.  By using the Sites, you consent to all actions taken by us with respect to your information in accordance with the Privacy Policy. You agree to comply with all applicable laws and regulations, and the terms of NSPS’s Privacy, with respect to any access, use, and/or submission by you of any personal information in connection with the Sites.

17. Privacy of Persons under the age of Eighteen (18).

If you are under years of eighteen (18), the site is intended only for persons eighteen (18) years of age or older. If you are not 18 years of age or older you should not use the site. 

18. General Terms

Entire Agreement. The Terms of Use and any documents expressly incorporated herein constitute the entire agreement between you and NSPS relating to their subject matter, and cancel and supersede any prior versions of the Terms of Use and any other prior or contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Sites. No modification to the Terms of Use will be binding on NSPS, unless in writing and signed by an authorized NSPS representative or posted by NSPS to the Sites. You may not assign, sublicense, delegate, or otherwise transfer the Terms of Use or any right granted hereunder.

Survival. Rights and obligations under the Terms of Use which by their nature should survive will remain in full effect after termination or expiration of the Terms of Use.

No Waiver. No waiver by NSPS or failure to exercise promptly any right of NSPS under the Terms of Use will create or be deemed to create a further or continuing waiver or any expectation of non-enforcement.

Severability. If any provision of the Terms of Use is held invalid, illegal or unenforceable for any reason by any law or regulation of any government, or by any court or arbitrator, such provision shall be replaced with a new provision that accomplishes the original business purpose, or eliminated or limited to the minimum extent necessary, and the other provisions of the Terms of Use will remain in full force and effect.

Contact Information.  You may send your questions regarding the Sites to the contact listed below:

National Society of Professional Surveyors
5119 Pegasus Court, Suite Q,
Frederick, MD 21704
[email protected]

Choice of Law and Forum Selection.  The Terms of Use and all matters relating hereto or to the Sites shall for all purposes be governed, interpreted, construed, and enforced solely and exclusively in accordance with the laws of the State of Maryland, United States, without regard to conflicts of law provisions thereof.  Any disputes or controversies relating to these Terms of Use and/or use of the site shall be decided by a state or federal court serving the County of Frederick, Maryland, United States.  You expressly consent to the exercise of personal jurisdiction by such courts and agree that you will not object to jurisdiction of or venue in such courts on the grounds of lack of personal jurisdiction, forum non conveniens, or otherwise.