Terms of Service
TERMS AND CONDITIONS OF USE
BY ACCESSING, VIEWING OR USING ANY PART OF THE SITE, YOU EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU DO NOT HAVE NPCA’S PERMISSION TO ACCESS, VIEW, USE OR LINK TO ANY PART OF THE SITE. ANY SUCH UNAUTHORIZED USE VIOLATES NPCA’S RIGHTS IN THE SITE AND IS STRICTLY PROHIBITED.
1. Site Description
a. Description. The Site is proprietary to NPCA and is protected by intellectual property laws and international intellectual property treaties. Your access to the Site is licensed and not made available unconditionally to You. Subject to the terms and limitations set forth in this Agreement, NPCA agrees to provide You with a personal, non-transferable and non-exclusive right to access, view, use and link to the Site.
b. Accessibility. You agree that from time to time the Site may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which NPCA may undertake from time to time; or (iii) causes beyond the control of NPCA, whether or not foreseeable.
c. Equipment. You shall be solely responsible for providing, maintaining and ensuring compatibility with the Site, all hardware, software, electrical and other physical requirements for your use of the Site, including, without limitation, telecommunications and Internet access connections and links, web browsers or other equipment, programs and services required to access and use the Site.
d. Linking. You may link to the Site only by means of a hypertext link (a Hypertext Reference or “HREF”), the most fundamental hyperlink, achieved through use of a piece of text which is differentiated from regular text onscreen by a special color or formatting, such as underlining. HREF simply directs the reader from information displayed on your Site to information displayed on this Site subject to the limitations set forth in Section 4 below. Operationally, when a user clicks on a hypertext link, its browser terminates its link to your Site and establishes a new connection with this Site. Such HREF’s display content from only one Site at a time, and your Site does not copy the content from this Site. The hypertext links permitted under this Section may not incorporate textual or graphical materials from this Site and may not be used to engage in unfair trade practices, such as passing off, misappropriation of goods and services, false advertising and trade libel. NPCA reserves the right, in its sole discretion, to revoke any right granted under this Agreement to You to link to the Site.
a. Security. You shall be solely responsible for the security, confidentiality, integrity, and use of all messages and/or the content that You transmit to the Site. Any passwords used for this Site are for individual use only. You will be responsible for the security of your password (if any). NPCA will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that NPCA considers insecure, NPCA will be entitled to require the password to be changed and/or terminate your account.
c. Nature of Site Content. NPCA makes information available on this Site as a service to the public and to our clients and other friends for informational purposes only. The materials on this Site are not intended to create any relationship between NPCA and You or anyone else. Any such relationship must be expressly created between NPCA and You by means of direct, interpersonal contact between You and NPCA. You should not act (or refrain from acting) based upon information in this Site without obtaining professional advice regarding your particular facts and circumstances. NPCA makes no representation, claim or guarantee whatsoever regarding any result, outcome or effect from access to or use of the Site or otherwise.
The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by NPCA. You should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of your own judgment. Information obtained by using this Site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals. All of the information in this Site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this Site, and NPCA does not undertake any obligation to update such information after it is posted or to remove such information from this Site if it is not, or is no longer, accurate or complete.
d. Confidentiality of Information Transmitted to NPCA. You also should be aware that if You send messages to NPCA (or any of its staff, employees, agents or representatives) through Internet electronic mail or through the NPCA Site, such means are not secure, and NPCA does not guarantee the confidentiality of such communications. NPCA does not agree to accept and/or maintain the secrecy of any unsolicited information You send to NPCA except if a client relationship currently exists between us. No such client relationship is created unilaterally by your sending to NPCA any information You consider to be confidential. The creation of a confidential relationship is only by means of NPCA’s membership and/or subscription procedures. However, NPCA cannot guarantee the confidentiality of correspondence through Internet electronic mail or through the NPCA Site.
e. Changes. NPCA reserves the rights to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time in our sole and absolute discretion. Changes in this Agreement will be posted on this Site. Your continued use of this Site after any changes are made, shall be deemed your acceptance of the changes. Notwithstanding the foregoing, NPCA will use commercially reasonable efforts to notify clients who have submitted intake forms of any changes to these terms promptly after their posting on the Site.
f. Hyperlinks. This Site may be hyperlinked to other sites which are not maintained by, or related to, ‘NPCA. Hyperlinks to such Sites are provided as a service to users and are not sponsored by or affiliated with this Site or NPCA. NPCA has not reviewed any or all of such sites and is not responsible for the content of those sites. Hyperlinks are to be accessed at your own risk, and NPCA makes no representations or warranties about the content, completeness or accuracy of these hyperlinks or the sites hyperlinked to this Site. Further, the inclusion of any hyperlink to a third-party site does not necessarily imply endorsement by NPCA of that site.
h. Disclaimer. You understand that NPCA cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Site for the reconstruction of any lost data. NPCA does not assume any responsibility or risk for your use of the Internet.
The Site, its text, visual imagery, and Site design are protected by copyright pursuant to U.S. copyright laws, international conventions and other copyright laws. The contents of the Site are only for your personal, informational and noncommercial use. All materials contained on the Site are protected by copyright and are owned or controlled by us or the party credited as the provider of the content. You agree to abide by any and all additional copyright notices, information, or restrictions contained in any part of the Site. No right to use, copy, publish, transmit or modify the copyrighted content, message or non-literal elements of the Site including, without limitation, its “look and feel” is granted to You; all such rights are reserved exclusively to NPCA.
4. Prohibited Uses
You are solely responsible for any and all of your acts and omissions that occur when using the Site, and You agree not to engage in unacceptable use of the Site.
You may not post, send, submit, publish, or transmit in connection with this Site any material that:
- you do not have the right to post, including proprietary material of any third party;
- would constitute political campaign activity within the meaning of the Internal Revenue Code and IRS regulations and/or policies;
- consists of unsolicited messages, chain letters or unsolicited commercial email;
- advocates illegal activity or discusses an intent to commit an illegal act;
- is abusive, vulgar, obscene, pornographic, or indecent;
- does not pertain directly to this Site;
- threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, malicious, threatening or offensive;
- seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
- infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
- violates any law or may be considered to violate any law;
- impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
- advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or
- services) except as may be specifically authorized on this Site;
- solicits funds, advertisers or sponsors;
- includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
- disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this Site;
- includes MP3 format files;
- amounts to a “pyramid” or similar scheme;
- disobeys any policy or regulations established from time to time regarding use of this Site or any networks connected to this Site;
- contains hyper-links to other sites that contain content that falls within the descriptions set forth above;
- engage in deep-linking, in-line linking, mirroring or framing of any Content of the Site without NPCA prior express, written permission;
- engage in systematic retrieval of data or other content from this Site or any of its Content to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from NPCA by use of scrapers or other tools,
- violate the restrictions in any robot exclusion headers on this Site or bypass or circumvent other measures employed to prevent or limit access to this Site;
- take any action that imposes, or may impose, in NPCA’s sole discretion, an unreasonable or disproportionately large load on the Site’s infrastructure;
- use this Site or any NPCA services to engage in activities that violate any terms or conditions of any other network access provider or Internet service provider; or
6. Disclaimer of Warranties
THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. USE OF THE SITE IS AT YOUR SOLE RISK. NPCA DOES NOT WARRANT THAT THE SITE, ITS FUNCTIONS OR CONTENT WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NOR DOES NPCA MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SITE. NPCA MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE. OR NON-INFRINGEMENT, IN RELATION TO THE SITE. THE MATERIALS ON THIS SITE ARE PROVIDED AS GENERAL INFORMATION ONLY – AND ARE NOT PROMISED OR GUARANTEED TO REFLECT THE MOST CURRENT DEVELOPMENTS IN ANY FIELD. NPCA DOES NOT REPRESENT, WARRANT OR GUARANTEE THAT THE MATERIALS ARE COMPLETE, ACCURATE OR UP-TO-DATE. NOR IS NPCA RESPONSIBLE FOR ANY THIRD PARTY CONTENT THAT MAY BE ACCESSED THROUGH THIS SITE AND REFERENCE TO THIRD PARTY INFORMATION, PRODUCTS OR SERVICES AT THIS OR ANY LINKED SITE DOES NOT CONSTITUTE AN EXPRESS OR IMPLIED WARRANTY OR ENDORSEMENT BY NPCA.
NPCA DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND NPCA MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT NPCA, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. NPCA MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
7. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL NPCA BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR OTHER ECONOMIC LOSS FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, THE SITE OR THE INTERNET GENERALLY, INCLUDING, WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THE SITE, ANY CHANGES TO OR INACCESSIBILITY OF THE SITE, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SITE, OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SITE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE INCLUDING PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF NPCA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THAT ANY EXCLUSIVE REMEDY SHALL FAIL OF ITS ESSENTIAL PURPOSE OR OTHERWISE BE UNAVAILABLE. IN NO EVENT SHALL NPCA’S TOTAL LIABILITY TO YOU FOR ANY DIRECT DAMAGES WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE EXCEED THE TOTAL AGGREGATE AMOUNT OF $50.00. SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE FOR YOU TO DISCONTINUE USE OF THE SITE.
You agree to indemnify, hold harmless and defend NPCA, its directors, officers, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorneys’ fees, asserted by any person, arising out of or relating to: (a) your use of the Site, including any data or work transmitted or received by You; and (b) any unacceptable use of the Site, including, without limitation, any statement, data or content made, transmitted or republished by You which is prohibited as unacceptable at Section 4.
Trademarks, service marks, and logos appearing in this Site are the property of NPCA or the party that provided the trademarks, service marks, and logos to NPCA. NPCA and any party that provided trademarks, service marks, and logos to NPCA retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this Site.
10. Reservation of Rights
11. Digital Millennium Copyright Act
You agree not to upload or transmit any communications or content of any type that infringes or violates any rights of any party. It is our policy not to permit materials known by us to be infringing to remain on the Site. NPCA has made every effort to secure appropriate clearances for all proprietary intellectual properties used on this Site. If you believe any material in this Site is infringing, please contact us immediately. Pursuant to the Digital Millennium Copyright Act, DMCA, we have registered an agent to receive copyright claims (“Designated Agent”).
You may notify us of alleged intellectual property rights infringement by contacting our Designated Agent at :
National Peace Corps Association
1900 L Street, NW
Washington, DC 20036
Please be aware that, in order to be effective, your notice of claim must comply with the detailed requirements set forth in the DMCA. You are encouraged to review them (see 17 U.S.C. § 512(c)(3)) before sending your claim.
Upon receipt of notice of claimed infringement, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue.
Please do not send any other communications to the Designated Agent, who is appointed solely for the purposes of receiving notices of copyright claims under the DMCA.
12. Opt-out Rights
You may be contacted by NPCA by email or other forms of direct mail or telemarketing. However, you may “opt-out” of receiving such communications by sending an email to NPCA and electing “No Direct Mail” and “No Telemarketing” options. If you do not want any notices of enhanced services or offerings from NPCA, NPCA will remove you from the lists used by NPCA for email, direct mail or telephone solicitations.
a. Independent Contractors. The parties and their respective personnel, are and shall be independent contractors and neither party by virtue of this Agreement shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other party.
b. Waiver. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
c. Severability. If any provision of this Agreement is determined to be illegal or unenforceable, then such provision will be enforced if and only to the maximum extent possible and the other provisions will remain fully effective and enforceable.
e. Law. This Agreement is made in and shall be governed by the laws of the District of Columbia without reference without reference either to its choice of law provisions or its Arbitration statute or other dispute resolution provisions, and the U.S. Arbitration Act, 9 U.S.C. §§ 1 et seq.
g. Forum. All actions, claims or disputes arising under or relating to this Agreement shall be brought in the federal or state courts in the District of Columbia. The parties irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction over each of the parties by the federal and/or state courts in the District of Columbia. The parties hereby irrevocably waive any and all objections which any party may now or hereafter have to the exercise of personal and subject matter jurisdiction by the federal or state courts in the District of Columbia and to the laying of venue of any such suit, action or proceeding brought in any such federal or state court in the District of Columbia.
h. Process. The parties irrevocably submit and consent, and irrevocably waive any and all objections which any party may now or hereafter have, to process being served in any such suit, action or proceeding referred to in the preceding subsection pursuant to the rules of the applicable court, including, without limitation, service by certified or registered mail, return receipt requested. No provision of this Section shall affect the right of any party to serve process in any manner permitted by law or limit the right of any party to bring suits, actions or proceedings to enforce in any lawful manner a judgment issued by the state or federal courts of the District of Columbia.
i. Attorney’s Fees. If any action in law or in equity is necessary to enforce the terms of this Agreement, the prevailing party will be entitled to reasonable fees of attorneys, accountants, and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled.
j. Headings. The captions and headings of this Agreement are included for ease of reference only and will be disregarded in interpreting or construing this Agreement.
k. Force Majeure. If the performance of any part of this Agreement by either party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes.
l. International Use. NPCA makes no representation that materials available on this Site or through any NPCA service are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who access this Site or any site linked to by NPCA from other locations are responsible for compliance with local law.
m. Survival. The terms and provisions of Sections 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, and 13 shall survive any termination or expiration of this Agreement.
n. Entire Agreement. This Agreement constitutes the complete and exclusive statement of the agreement between the parties with respect to the Site and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Site.
YOU HAVE READ, UNDERSTAND AND AGREE TO THE FOREGOING TERMS & CONDITIONS OF USE SET FORTH IN THE ABOVE AGREEMENT.