NHPGA - Terms of Use

Welcome to NHPGA's web site (the "Web Site") to provide industry news, data and information, related features and services (the "Service"). The terms and conditions set forth herein (the "Terms of Use") constitute a legally binding agreement between NHPGA and you regarding the terms on which NHPGA offers you access to its Service.

Your Use of the Service and this Web Site is Governed by These Terms of Use
Please take a few minutes to review the Terms of Use. By accessing and using this Web Site, you agree to be bound by each of the Terms of Use and all applicable laws and regulations governing the Web Site. If you do not agree with any of the Terms of Use, you are not authorized to access or use this Web Site for any purpose.
These Terms of Use May Change Without Prior Notice
NHPGA reserves the right to modify these Terms of Use at any time without giving you prior notice. Your use of the Web Site following any such modification constitutes your agreement to follow and be bound by the Terms of Use as modified. For this reason, we encourage you to review these Terms of Use whenever you use this Web Site. The last date these Terms of Use were revised is set forth below.
Notices of Restrictions on Your Use
The Service, the Web Site and all data and information and/or content that you see, hear or otherwise experience on the Web Site (the "Content") belongs to NHPGA, its partners, affiliates, contributors or third parties and may be protected by U.S. and international copyright, trademark, intellectual property and other laws, and belong to NHPGA, its partners, affiliates, contributors or third parties. Content provided by NHPGA is used on the Web Site with the permission of NHPGA.
1. Restrictions on Use
  You may use the Web Site, the Service and the Content solely for your personal, or non-commercial use. You may download, print and store selected portions of the Content, provided that you
  1. only use these copies of the Content for your own personal, non-commercial use;
  2. do not copy or post the Content on any network computer or transmit, distribute, publish or broadcast the Content in any media, including without limitation, a Web site; and
  3. do not modify or alter the Content in any way, or delete or change any copyright or trademark notice.
  No right, title or interest in any copied or downloaded Content is transferred to you as a result of any such copying or downloading. NHPGA reserves complete title and full intellectual property rights in any Content you copy or download from this Web site.
  You agree not to alter, modify, reformat, copy, download, reproduce, duplicate, display, distribute, repost, transmit, publish, license, sell, rent, transfer, or create derivative works from any Content obtained from the Web Site or the Service, except as expressly permitted by these Terms of Use. Moreover, you may not use any of the marks appearing throughout this Web Site without express written consent from the trademark owner, except as permitted by applicable law
Disclaimer of Warranties
YOU EXPRESSLY AGREE TO ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEB SITE AND THE SERVICE. NHPGA MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE WEB SITE OR THE SERVICE. THE WEB SITE, THE SERVICE AND THE INFORMATION OR CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
1. Specific Disclaimer For Downloading of Files
  NHPGA cannot and does not guarantee or warrant that files available for downloading through the Web Site will be free of infection by viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. The entire risk as to the quality and performance of the Web Site or the Service, the accuracy of any information or content provided through the Web Site or the Service, or quality of any file used in conjunction with the Web Site or the Service is solely and exclusively with you the user.
Limitation of Liability
IF YOU ARE DISSATISFIED WITH THE WEB SITE OR ANY CONTENT ON THE WEB SITE, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEB SITE, THAT YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK.
YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL NHPGA BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO,
1. ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEB SITE, THE SERVICE, OR THE INFORMATION OR CONTENT PROVIDED THEREIN,
2. ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEB SITE, THE SERVICE AND/OR INFORMATION OR CONTENT CONTAINED THEREIN OR DOWNLOADED THROUGH THE WEB SITE,
3. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA,
4. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE OR THE SERVICE.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, NHPGA'S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW.
Indemnification You understand and agree that you are personally responsible for your behavior on the Web Site and for your use of the Content. You agree to indemnify, defend and hold harmless NHPGA, its subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use of the Web Site or the Service or your use of the Content, any violation by you of this Agreement, or any activity related to your user account (including negligent or wrongful conduct) by you or any other person accessing the Web Site or Service through your user account.
Personal Information and Privacy Policy
NHPGA may monitor, record, collect and use for any lawful purpose information generated through your use of the Web Site or the Service. The collected information is subject to our Privacy Statement.
User Conduct
You agree not to take any action that interferes with the proper working of the Web Site; imposes an unreasonable or disproportionately large load on the Web Site's infrastructure; might compromise the security of the Web Site; render the Web Site or the Service inaccessible to others; or otherwise cause damage to the Web Site or any Content contained on the Web Site. You agree not to add to, subtract from, or otherwise modify the Content on the Web Site except as expressly authorized by NHPGA in these Terms of Use or by a written agreement between you and NHPGA.
On some parts of the Web Site, you can post messages or express your comments on a given topic, or start a new topic to which others can respond. You agree not to upload, distribute, post or otherwise publish through the Web Site or the Service:
1. any information, data, text, software, photographs, graphics, messages, or other material ("Material") that infringes any patent, trademark, trade secret, copyright or other proprietary rights or rights of privacy or publicity of any party;
2. any libelous, defamatory, obscene, threatening, advertising, pornographic, abusive, or otherwise illegal Material;
3. any Material that you do not have the right to transmit under law or under contractual or fiduciary relationships;
4. any Material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
5. any Material that harms minors in any way.
If you post anything on the Web Site, you guarantee to us that you have the legal right to post your material and that it will not violate any law or the rights of any person or entity.
By using the Web Site, you understand and agree that NHPGAis not responsible for the truth, completeness, objectivity or usefulness of any third-party posting, nor does NHPGAendorse any posting. By viewing third-party postings, you assume the risk of believing or disbelieving any content contained therein.
General Provisions
1. Entire Agreement
  These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by NHPGA of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
2. Correction of Errors and Inaccuracies
  The information in the Web Site may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We do not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
3. No Endorsements of Links
  Hypertext links to third party Web sites or information do not constitute or imply an endorsement, sponsorship, or recommendation by NHPGA of the third party, the third-party Web site, or the information contained therein. You acknowledge and agree that NHPGA is not responsible for the availability of any such Web sites and that NHPGA does not endorse or warrant, and is not responsible or liable for any such NHPGA site, or the content on such Web site, or the services offered by such Web site. Under no circumstances will NHPGA be responsible for any loss or damage resulting from your use of any such Web site or the services offered by such Web site or any content posted on such Web site or transmitted from such Web site. Any links to other sites are provided for convenience only. You need to make your own decisions regarding your interactions or communications with any other Web site.
4. Claims of Copyright Infringement
  In the event that you claim to be the copyright owner of any Content, you agree to immediately notify NHPGAof any claimed copyright infringement. You further agree to provide NHPGA's copyright agent the following information as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, Title 17, U.S.C. § 512:
  1. your physical or electronic signature or that of a person authorized to act on behalf of you, the purported owner of an exclusive right that is allegedly infringed;
  2. identification of the copyright or work claimed to have been infringed, or a multiple copyrighted work at a single online site or covered by a single notification, or a representative list of such works at that site;
  3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  4. information reasonably sufficient to permit us to contact you, the complaining party, or the person authorized to act on your behalf;
  5. a statement that you, the complaining party, have a good faith belief that the use of the material in the manner complained of is not authorized by you the copyright owner, your agent, or the law; and
  6. a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of you, the owner of an exclusive right that is allegedly infringed. NHPGA's Copyright Agent for notice of claims of copyright infringement on or relating to this Web Site can be reached either by:
    - sending an e-mail request to executivedirector@nhpga.org; or
    - sending a letter via the U.S. Mails to:
      NHPGA
      9 Babscott Lane
      Kingston, NH 03848
5. General Contact Information
  If you have any questions about these Terms of Use, the practices of this Web Site, or your dealings with this Web Site, you may contact us by:
  - sending an e-mail request to executivedirector @nhpga.org; or
  - sending a letter via the U.S. Mail to:
    NHPGA
    9 Babscott Lane
    Kingston, NH 03848