The National Restaurant Association Educational Foundation Social Media Terms of Use

These terms of use, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of our social networking forums, which include, but are not limited to, the ProStart Virtual Lounge, Facebook, YouTube, Twitter, LinkedIn, Instagram and Tumblr (collectively, “Forum” or “Forums”), and are entered into by and between you and the National Restaurant Association Educational Foundation (“we” or “us”).

Please read the Terms of Use carefully before you start to use the Forum. By using the Forum or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use, you must not access or use the Forum.

General Rules

1. You must be at least 13 years old to use the Forums, and we suggest that you have your parent’s or guardian’s consent to make sure that this and other party’s social media forums are appropriate for you. If you are under 18 years old, you will need your parent or guardian to consent to these terms of use before using the Forums.

2. Do not share your password or give others access to your user account.

3. You are solely responsible for your behavior and any text, photos, graphics, files, profiles, links, audio and video clips, information and any other material (collectively, “Content”) that you upload, post, email or otherwise transmit on the Forum.

4. You must not harass, abuse, impersonate, threaten or intimidate other Forum users. Forums must not be used to communicate defamatory, libelous, vulgar, hateful, sexually suggestive or otherwise objectionable messages or material of any kind.

5. You may not use the Forum for any illegal purpose (including, but not limited to, violating intellectual property laws or antitrust laws).

6. Forums may not be used for commercial purposes. Examples of prohibited communications include, but are not limited to, advertisements or direct solicitations to Forum members to purchase products or services.

7. Forum communication must avoid campaigning or otherwise endorsing a candidate for federal, state, or local political office.

8. Do not share, collect or distribute competitively sensitive information. Examples of competitively sensitive information include, but are not limited to, expected profit levels, pricing procedures and internship salaries. Communications of this nature between competitors may be considered anticompetitive and in violation of antitrust laws.

9. Do not hack the Forums or upload, post, email or otherwise transmit any material that contains software viruses or any other code of a destructive nature.

10. You may not collect or store personal data of other users of the Forum, or otherwise use any of their Content, without the prior, written permission of such users.

11. You are responsible for all activity under your user account.

12. Violation of any of these Terms of Use may result in the termination of your user account.

General Terms and Conditions

1. Forum Administration: We may designate an administrator to monitor our Forums. We have the right, but not the obligation, to remove Content and/or user accounts that we determine in our sole discretion to be objectionable or otherwise in violation of these Terms of Use. In addition, we reserve the right to refuse use or service to anyone for any reason at any time. You understand and agree that we cannot be responsible for the Content posted on the Forums and we expressly disclaim all responsibility or liability to you or any other person or entity for the performance or nonperformance of monitoring or removing such Content and/or user accounts.

2. Updates: We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Forums thereafter. Your continued use of the Forums following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so that you are aware of any updates to the Terms of Use, as they are binding on you. In addition, we reserve the right to modify or terminate the Forums at any time and for any reason, without notice.

3. Disclaimer of Warranties; Non-Endorsement: You acknowledge and agree that your use of the Forum is at your own risk. The Forum and any Content thereon is provided on an “as is” and “as available” basis, without any warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We make no warranty that the Forum or any Content thereon will meet your requirements or be secure, current, accurate, complete or error-free. In addition, you acknowledge and agree that the existence of hyperlinks to third party websites or information related to third party offerings does not reflect our endorsement of the same, their providers, or the quality, reliability or any other characteristic or feature related thereto. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Forum, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. You understand and acknowledge that your sole and exclusive remedy with respect to any defect in or dissatisfaction with the Forum is to cease using it.

4. Limitation of Liability: In no event will we or our affiliates, employees, agents, officers, directors or licensors be liable for damages of any kind, under any legal theory, resulting from or in any way related to your use or inability to use the Forum, including any direct, indirect, punitive, special, incidental or consequential damages (including, but not limited to, personal injury, pain and suffering, emotional distress, loss of use, loss of goodwill or loss of data), however caused and under any theory of liability, whether in contract, strict liability or tort.

5. Indemnification: You agree to defend, indemnify and hold us, our affiliates, employees, agents, officers, directors and licensors harmless from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including, but not limited to, reasonable attorneys’ fees and court costs) resulting from or in any way related to your violation of these Terms of Use or your use of the Forum.

6. Governing Law and Jurisdiction: All matters relating to the Forum or these Terms of Use and any dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding resulting from or in any way related to the Forum or these Terms of Use shall be instituted exclusively in the federal or state courts located in Cook County, Illinois. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Rights to Content

1. Our License to Your Content: By uploading, posting, emailing or otherwise transmitting Content on the Forums, you are granting us a royalty-free, perpetual, irrevocable, non-exclusive, sublicenseable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display (in whole or part) and incorporate such Content worldwide in any form, media, or technology now known or later developed, and in any manner consistent with any lawful purpose. In addition, you waive all claims for any compensation for use of such Content and any right that you may have to inspect or approve the finished product or its use.

2. Your Warranties: By your use of the Forum, you represent and warrant that (i) you own the Content that you upload, post, email or otherwise transmit on the Forum, or you have all the rights necessary to grant the license set forth in the section above and (ii) uploading, posting, emailing or otherwise transmitting the Content on the Forum does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person. You agree and acknowledge that you are solely responsible for all liabilities, royalties or fines in connection with any such violations or lack of rights.

3. Our Content: The Forum contains our Content, including, but not limited to, our name and all related names, logos, designs and slogans. Our Content consists of our protected trademarks and copyrights, and those of our licensors. You must not use such trademarks or copyrights without prior written permission from us or our licensors, as applicable.