TERMS AND CONDITIONS OF USE
(Last Updated 9/10)
Electronic Form. By accessing the Website or registering, you consent to have this Agreement provided to you in electronic form.
Non-electronic Copy. You have the right to receive this Agreement in non-electronic form. You may request a non-electronic copy of this Agreement either before or after you electronically sign the Agreement. To receive a non-electronic copy of this Agreement, please send an e-mail to email@example.com.
You must be at least eighteen (18) years of age to register as a NAPAC Member or otherwise use the Website. Registration for the Service is void where prohibited. By using the Website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
3. Entire Agreement.
This Agreement contains the entire agreement between you and NAPAC regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
This Agreement will remain in full force and effect while you use the Website or remain registered a NAPAC Member. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
5. Non-Personal Use.
The Website is intended for use only by individuals aged 18 years or older acting on behalf of an entity or business engaged in the home remodeling, home improvement, contracting or design/build industry. Illegal and/or unauthorized use of the Website may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Website is with the permission of NAPAC, which may be revoked at any time, for any reason, in NAPAC’s sole discretion.
6. Proprietary Rights to Content on Website.
NAPAC owns or licenses and retains all proprietary rights to the content on the Web site and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of NAPAC, and its licensors. Except for that information which is in the public domain or for which you have been given express permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. See NAPAC’s Terms of Sale and Service for further information in this regard and our copyright and trademark policies.
7. Prohibited Activities.
NAPAC reserves the right, in its sole discretion, to terminate any NAPAC Membership or your use of the Website if you misuse the Service in any manner, including, but not limited to, the following: a) posting, distributing, or reproducing in any way copyrighted material, trademarks, or other proprietary information without the prior consent of the owner of such proprietary rights; b) interfering with or disrupting the operation of the Website or the servers or networks in connection therewith; c) transmitting any material containing 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; d) using meta tags or code or other devices containing any reference to NAPAC or the Website in order to direct any person to any other Web site for any purpose; or e) otherwise taking any action related to the Website of the Service which could be regarded as inappropriate, unlawful or illegal.
8. Modifications to Service.
NAPAC reserves the right at any time to modify or discontinue, temporarily or permanently, the Website and/or the Service (or any part thereof) with or without notice. You agree that NAPAC shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website and/or the Service.
9. Blocking of IP Addresses.
In order to protect the integrity of the Website and the Service, NAPAC reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Website.
The Website and/or the Service may provide links to other World Wide Web sites or resources. Because NAPAC has no control over such sites and resources, you acknowledge and agree that NAPAC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that NAPAC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such site or resource.
12. Editorial Policy.
If this Website contains uploads, bulletin boards, chat rooms, blogs, access to mailing lists or other message or communication facilities (collectively, “Forums”), you agree to use the Forums only to send and receive messages and materials that are proper and related to the particular Forum. By way of example and not as a limitation, you agree that when using a Forum, you shall not do any of the following:
(a) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
(b) Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information;
(c) Upload or attach files that contain software or other material protected by intellectual property laws (or by rights of privacy and publicity) unless you own or control the rights thereto or have received all consents therefore as may be required by law;
(d) Upload or attach files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of another’s computer;
(e) Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded;
(f) Falsify the origin or source of software or other material contained in a file that is uploaded;
(g) Advertise or offer to sell any goods or services, or conduct or forward surveys, contests or chain letters, or download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.
NAPAC is not responsible for any incorrect or inaccurate content posted on the Website or in connection with the Service, irrespective of the cause for same. The Website may contain opinions and statements of various information providers. The content of the Website does not reflect the personal opinions of any employee, agent or owner of the Website or NAPAC. NAPAC assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorized access to, the Website’s content. NAPAC is not responsible for technical malfunctions, including, but not limited to, malfunctions relating to telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of e-mail, whether on account of technical problems or traffic congestion on the Internet or at any Web site or combination thereof, including injury or damage to users or to any computer related to or resulting from participating or downloading materials in connection with the Website and/or in connection with the Service. Under no circumstances will NAPAC or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Website or the Service. The Website and the Service are provided “AS IS” and NAPAC expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Any material posted on the Web site is for informational purposes only. NAPAC makes no warranties of any kind concerning the legal status or legal compliance of any Product. You must consult your own legal counselor or compliance advisor to determine whether your use of any Product will enable your organization to meet your compliance obligations associated with laws applicable to your business operation.
14. Limitation on Liability.
Except in jurisdictions where such provisions are restricted, in no event will NAPAC be liable to you or any third person for any indirect, consequential, exemplary, incidental, special, or punitive damages, including also lost profits arising from your use of the Website or the Service, even if NAPAC has been advised of the possibility of such damages. If you are dissatisfied with any material on the Website or with any of its Terms and Conditions of Use, your sole and exclusive remedy is to discontinue using the Website.
15. Jurisdiction and Choice of Law.
Should a dispute arise out of the use of the Website and/or the Service, by using the Website, you expressly agree that any such dispute shall be governed by the laws of the State of Delaware, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the Commonwealth of Pennsylvania for the resolution of any such dispute.
You agree to indemnify and hold NAPAC, its subsidiaries, affiliates, officers, agents, and other partners and employees harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Website and/or Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.