Please read the following Terms of Use (the “Terms of Use”) carefully. These Terms of Use govern your Use (as defined below) of the National Center for Prevention of Home Improvement Fraud (“NCPHIF”, “we,” “us,” or “our”) website located at ncphif.org (the “Website”) or any associated Services (as defined below). This Website is the property of NCPHIF. For the purposes of these Terms of Use, the terms “you” and “your” and “User” refers to the legal person or entity using the Website or Services for any purpose, including, without limitation, you and/or the business, company, or entity which you represent, together with your employees, agents, representatives, or authorized third parties. By accessing, browsing, downloading, using, or registering for (collectively “Using”) any Website Content (as defined below), material, or functionality contained on this Website (collectively, the “Services”), you acknowledge that you have read and understood these Terms of Use and that you accept and agree to be bound by them in full. If you do not agree to these Terms of Use, do not use the Website. Any use of the Website is at the sole risk of the User.

NCPHIF reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms of Use at any time and for any reason. Any changes to these Terms of Use will be posted on the Website. It is your responsibility to check these Terms of Use periodically for changes. Your continued Use of this Website following the posting of any changes to these Terms of Use shall constitute an agreement by you to be bound by the modified Terms of Use in full.

License to Use this Website:

NCPHIF grants you a personal, non-exclusive, non-transferable, limited license to Use this Website and the associated Services solely for your personal or internal, non-commercial use and subject to the condition that you do not (and do not allow any third party to) copy, modify, , sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in or access to the Website, the Services, the Website Content, or any other content available via the Website without the prior written permission of NCPHIF in each instance. You further agree not to modify the Website or any part thereof, in any form or manner, nor to use any modified versions of the Website or the Services, for any reason whatsoever, without the express written consent of NCPHIF. You may not attempt to gain any unauthorized access to the Website or any of its associated content, including computer systems, software, or networks. No commercial use or redistribution of any content, materials, or information contained on or offered through the Website or the Services is permitted, unless expressly specified by express agreement between you and NCPHIF.

As a condition of your Use of this Website (including the Services), you agree that you will not Use this Website for any purpose that is unlawful or prohibited by these Terms of Use. You also agree to reimburse us in full for any damage, loss, cost or expense we incur, including any legal fees, because of your Use of the Website or the Services for any unlawful or prohibited purpose.

No Unlawful or Prohibited Use:

 Any Use or attempted Use of the Website (i) for any unlawful, unauthorized, fraudulent or malicious purpose; (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server; (iii) that could interfere with any other party’s use and enjoyment of our Website; (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means; (v) to access systems, data or information not intended by NCPHIF to be made accessible to a user; (vi) to attempt to obtain any materials or information through any means not intentionally made available by us; or (vii) for any use other than the purpose for which it was intended, is prohibited.

In addition, in connection with your Use of our Website, you agree you will not:

  • Upload or transmit any message, information, data, text, software or images, or other content that is unlawful, immoral, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity;
  • Create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any NCPHIF representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
  • Upload files that contain viruses, Trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
  • Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
  • Use of any of the Website’s communication features in a manner that adversely affects the availability of its resources to other users;
  • Upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation, commercial or otherwise;
  • Violate any applicable local, state, national or international law;
  • Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;
  • Delete or revise any material included on the Website by any other person or entity;
  • Probe, scan, test the vulnerability of or breach the authentication measures of, our Website or any related networks or systems;
  • Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any products or services if you are not expressly authorized by such party to do so;
  • Harvest or otherwise collect information about others, including e-mail addresses; or
  • Use any robot, spider, scraper, or other automated or manual means to access the Website, or copy any content or information on the Website.

NCPHIF reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of your access. NCPHIF may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Policy, NCPHIF reserves the right at all times to disclose any information as NCPHIF deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit or to remove any information or materials, in whole or in part, in NCPHIF’s sole discretion.

User-Provided Content:

 Any information, communications, or material of any type or nature that you submit to the Website by e-mail, posting, messaging, uploading, downloading, or otherwise (collectively, the “User Communications”) is done at your own risk and without any expectation of privacy, except as outlined in the NCPHIF Privacy Policy. All User Communications inputted/ submitted by you via the Website are at your own risk and you hereby represent and warrant that any content or material contained therein is not confidential or proprietary to any third party, nor are you using it in violation of any law or contractual restriction.

Copyright and Intellectual Property Rights:

 The Website is the property of NCPHIF and is protected by United States and international copyright laws. All copyright, trademark, patent, and other proprietary rights on this Website and in the names, logos, service marks, brand identities, trade names, trade dress, software, text, graphics, design elements, audio, music, and/or all other materials originated or used by NCPHIF or its third party services providers in this Website (“Website Content”) are reserved to NCPHIF and any other owners who have granted NCPHIF the right and license to use such Website Content. Unless otherwise specified on the Website or these Terms of Use in connection with specific content, no Website Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, or via any other medium for publication or distribution, or for any commercial enterprise without NCPHIF’s express prior written consent.

You may not modify this Website, or any Website Content, except as specifically instructed or allowed in these Terms of Use or the Website. You shall observe copyright and other restrictions imposed by these Terms of Use. You may not Use this Website or any Website Content in any manner that infringes on the rights of any person or entity.

The use or misuse of any Website Content, except as expressly provided for in the Website, these Terms of Use, or the Privacy Policy, is strictly prohibited. You may print copies of the information contained on the Website for your personal use. However, you may not distribute any such information to others without the express written permission of NCPHIF.

Without limiting any of its other rights in these Terms of Use or the Privacy Policy, it is NCPHIF’s policy, at its sole and complete discretion, to disable and/or terminate the accounts of any Users who infringe, or threaten to infringe, the intellectual property rights contained in any Website Content or any other intellectual property rights of NCPHIF, its affiliates, subsidiaries, or any of NCPHIF’s third party service providers.

Concerns about Website Content or Intellectual Property Claims:

For Users located in the United States, or subject to United States law, if you have copyright concerns about materials posted on the Website, please contact flood. We comply with the applicable provisions of the Digital Millennium Copyright Act. If you have any complaints, objections, or concerns about materials posted on the Website or provided via our services or any intellectual property claims, please contact us at: info@ncphif.org

Disclaimer of Warranties:

 The information or other materials available from or provided on this Website or via the Services (including, for clarity, all Website Content), is provided “AS IS” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Additionally, NCPHIF disclaims all responsibility or liability for any damages caused by viruses contained on this Website or within the Website Content.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THE WEBSITE, OR INCORPORATED IN THE WEBSITE CONTENT, MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION ON THE WEBSITE. NCPHIF, OUR PARTNERS, AFFILIATES, AND/OR OUR SUPPLIERS AND LICENSORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE OR THE SERVICES AT ANY TIME AT NCPHIF’S SOLE AND COMPLETE DISCRETION.

NCPHIF, OUR PARTNERS, OUR AFFILIATES, AND/OR OUR RESPECTIVE SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, OTHER WEBSITE CONTENT, AND SERVICES CONTAINED ON OR OBTAINED THROUGH THE WEBSITE FOR ANY PURPOSE. NCPHIF AND OUR PARTNERS MAKE EVERY EFFORT TO PROTECT YOUR SECURITY, BUT, BECAUSE THE INTERNET IS AN INSECURE MEDIUM, NEITHER NCPHIF, NOR OUR PARTNERS, AFFILIATES, OR SUPPLIERS MAKE ANY REPRESENTATION OR WARRANTY THAT ANY TRANSACTION CONDUCTED THROUGH THE WEBSITE WILL NECESSARILY BE SECURE.

IN NO EVENT SHALL NCPHIF, OUR PARTNERS, OUR AFFILIATES, AND/OR OUR RESPECTIVE SUPPLIERS AND LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE, OR USE OF ANY WEBSITE CONTENT, OR OTHER INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE OR THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ANY OF NCPHIF, OUR PARTNERS, OUR AFFILIATES, AND/OR OUR RESPECTIVE SUPPLIERS AND LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

IN NO EVENT WILL THE AGGREGATE LIABILITY OF NCPHIF, OUR PARTNERS, OUR AFFILIATES, AND OUR RESPECTIVE SUPPLIERS AND LICENSORS FOR ANY DAMAGES ARISING OUT OF OR RELATED TO ANY DEFAULT UNDER THESE TERMS OF USE OR THE PRIVACY POLICY, REGARDLESS OF THE FORM OF THE ACTION, EXCEED THE GREATER OF (A) THE AMOUNT OF FEES ACTUALLY PAID BY YOU FOR USE OF THE WEBSITE OR THE SERVICES OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00). BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

NCPHIF reserves the right to do any of the following at any time without notice: (i) modify, suspend, or terminate operation of or access to this Website (including the Services), or any portion of this Website to any user, for any reason; (ii) modify or change this Website, or any portion of this Website, and any applicable policies or terms; and (iii) interrupt the operation of this Website, or any portion of this Website, as necessary to perform routine or non-routine maintenance, perform error correction, or make other changes.

Indemnification by User:

 YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD NCPHIF, OUR AFFILIATES, AND OUR RESPECTIVE DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS HARMLESS FROM ANY LIABILITY, LOSS, CLAIM, AND EXPENSE, INCLUDING ATTORNEYS’ FEES, RELATED TO YOUR VIOLATION OF THESE TERMS OF USE OR THE USE OF THE SERVICES AND INFORMATION PROVIDED ON THIS WEBSITE.

Other Websites:

 You may find or access other websites when using NCPHIF’s product or Services. We do not control such websites and cannot be held responsible for their content or accuracy and do not endorse these sites, unless we specifically so state. You acknowledge and agree that NCPHIF is not responsible for and is not liable for the content, products, services or other materials on or available from such websites. We accept no liability for any information, products, advertisements, content, services or software accessible through any third party websites or for any action you may take as a result of accessing or using to any such websites (or any content or materials contained on such websites). Any such websites are likely to set forth specific terms of use and privacy policies that you should review. NCPHIF shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services or other materials available on or through any third party website. NCPHIF is not responsible for the privacy practices of any other websites. Content and material available through such third party websites may be protected by copyright and other intellectual property laws of the United States and/or other countries.

Registration, Passwords, and Security:

To access certain portions of the Website and certain of the Services, it may be necessary for you to register with NCPHIF. You may create an account with NCPHIF and complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form, including choosing a password and user name. You agree that: (a) the information you provide is true, accurate, current and complete as prompted by the Website registration mechanism (the “Registration Data”) (b) you are at least 18 years of age, and (c) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, non-current or incomplete, or NCPHIF has reasonable grounds to suspect that such information is untrue, inaccurate, non-current or incomplete, NCPHIF has the right to suspend or terminate your account and refuse any and all current or future use of the Website or any portion thereof. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to (i) immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware, and (ii) exit completely from your account at the end of each online session. We will not be liable for any loss that you may incur as a result of another person or entity using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to another person or entity using your account or password. You may not use any other user’s account at any time without the permission of the account holder. You understand that you may voluntarily terminate your use of and delete your account from the Website.

Privacy:

 NCPHIF’s Privacy Policy applies to the Use of this Website, and its terms are made a part of these Terms of Use by this reference. See here for NCPHIF’s Privacy Policy. Additionally, by using this Website, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information that you send to the Website may be read or intercepted by others.

Applicable Law:

 These Terms of Use will be governed by and construed in accordance with the laws of the State of Georgia without regard to conflict of law principles, and users agree that all legal proceedings related to the matters herein shall be adjudicated solely in the courts located in the State of Georgia, United States of America. Users consent to extraterritorial service of process and submit to the jurisdiction of said courts.

Access Outside the United States:

We do not represent that the Services or the Content are appropriate or available for use in countries outside the U.S. If you choose to access or use the Services from outside the U.S., you are responsible for compliance with foreign and local laws, if applicable.

Severability:

If any part of these Terms of Use, or the Privacy Policy referenced herein, is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use, or the referenced Privacy Policy, shall continue in effect.

Non-waiver:

Any waiver (express or implied) of any provisions contained in these Terms of Use or the Privacy Policy by NCPHIF shall not be deemed to be a waiver of any other right, term, or provision of these Terms of Use.

Reservation of Rights:

Any rights not expressly granted in these Terms of Use are reserved.

Remedies for Violation of Terms of Use or Privacy Policy:

You agree that any violation, or threatened violation, by you of these Terms of Use, or the referenced Privacy Policy, constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.

Time Limit for User Causes of Action:

Any cause of action you may have with respect to the Content, Site or the Agreement must be commenced within one (1) year after the claim or cause of action arose, or is barred.

Entire Agreement Concerning Use of Site:

These Terms of Service, including the Privacy Policy, contain the entire agreement of the parties for the Site and supersedes all existing agreements and all other oral, written, or other communication between the parties concerning its subject matter. You agree to use the Content and the Site only for lawful purposes and in compliance with this Agreement. You are prohibited from any use of the Content or the Site that would constitute an illegal offense, give rise to liability, or otherwise violate any applicable local, state, national, or international law or regulation. You will be subject to the Terms of Service in force at the time that you use our services.

Right to Change Terms of Service:

We reserve the right to change these Terms of Service at any time. Any changes to these Terms of Service are effective immediately. You are responsible for regularly reviewing these Terms of Service. Continued use of the Service after any such changes constitutes your consent to such changes.

Contact Us:

 If you have any questions or concerns about these Terms of Use or other NCPHIF policies, including specifically the Privacy Policy, relating to Use of the Website, please contact us at 3525 Piedmont Rd, Building 7 Suite 300, Atlanta, Georgia.

These Terms of Use were last updated on July 5th, 2015. Please check back periodically for updates and changes.

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