Terms And Conditions Of Use
nfpusa.com
The following are the rules that govern use
of the nfpusa.com web site and
the services that we may offer on (the "Site"),
including without limitation email links,
a searchable directory of business web sites,
links to other web sites, and access to news
and information.
By using the Site, you agree to be bound
by these Terms and Conditions of Use , including
but not limited to the Privacy Policy and
other usage guidelines and rules that may
be posted from time to time, all of which
are incorporated herein by reference, and
to follow the Terms and Conditions of Use
and all applicable laws and regulations governing
the Site. If you do not agree, do not enter
or use the Site.
nfpusa.com may update the Terms
and Conditions of Use from time to time.
You are responsible for checking this page
periodically for changes and updates to the
Terms And Conditions Of Use . Your use of
the Site following any posted change(s) to
the Terms and Conditions of Use will be deemed
an acceptance of such change(s).
In addition, when using the Site, you shall
be subject to any posted guidelines or rules,
which may be posted from time to time. All
such guidelines or rules are hereby incorporated
by reference into the
Terms And Conditions Of Use .
This Site is not intended for use by persons
under the age of fourteen. Individuals who
are under fourteen are expressly prohibited
from posting any personally identifiable
information about themselves.
Data and information relating to securities
or otherwise is provided for informational
purposes only, and is not intended for trading
purposes.
Please direct any questions you may have
about the Terms And Conditions Of Use , or
any other legal matters, to the following
e-mail address: contactus
1. nfpusa.com's Proprietary Rights and
Permitted Use
The Site, including without limitation any
content, software and services offered thereon,
are the property of nfpusa.com and/or its
suppliers. It is protected by the copyright
and/or other intellectual property laws of
the United States and internationally. You
are hereby authorized solely to view and
to retain a copy of pages of this Site for
your own personal use. Do not duplicate,
publish, modify, or otherwise distribute
the material on this Site unless specifically
authorized in writing by nfpusa.com to
do so. Legal notices and various other acknowledgements
and credits are posted on pages of the Site.
Do not remove these legal notices or other
acknowledgements or credits, or any related
information, contained on pages of the Site.
You hereby acknowledge and agree that, as
between nfpusa.com and you, all
right, title, and interest in and to the
Site and the provision thereof, including
without limitation any patent rights, patents,
business methods, copyrights, trademarks,
trade secrets, inventions, know-how, and
all other intellectual property rights pertaining
thereto, shall be owned exclusively by nfpusa.com.
Except as expressly authorized by nfpusa.com
herein, you agree not to make, copy, display,
modify, rent, lease, license, loan, sell,
distribute, or create derivative works of
the Site, in whole or in part. You agree
not to access the Site by any means other
than through the interface that is provided
by nfpusa.com for use in accessing
the Site. In connection with your use of
the Site,
2. User Contributions to the Site
nfpusa.com may provide users with the opportunity
to contribute to the Site and to communicate
with other users. You understand that all
information, data, text, links, articles,
software, photographs, graphics, video, music,
sound, messages, or other materials posted
by you on the Site (collectively, the "User
Content"), whether publicly posted or
privately transmitted, are the sole responsibility
of you or other users posting or transmitting
such User Content. This means that you, and
not nfpusa.com, are entirely responsible
for all User Content that you upload, post,
email, or otherwise transmit via the Site.
It is your obligation to ensure that no copyright,
trademark, trade secret, publicity or privacy
rights, or other intellectual property rights
are being violated by your posting or transmission
of any User Content via the Site.
nfpusa.com does not control or pre-screen
the User Content posted via the Site or sent
to another user and, as such, does not guarantee
the accuracy, integrity, appropriateness,
or quality of such User Content. The User
Content posted by users or other third parties
does not necessarily represent the views
or opinions of nfpusa.com and under no
circumstances will nfpusa.com be liable
in any way for any User Content, including,
but not limited to, any loss or damage of
any kind incurred as a result of the use
of any User Content posted, emailed, or otherwise
transmitted via the Site.
Users can be held liable for any illegal
or prohibited User Content they provide to
the Site or to other users, including, for
example, infringing, defamatory, or offensive
materials. So that the Site is available
for all users to enjoy, you may not, and
hereby represent and warrant that you will
not, post, transmit, email or otherwise make
accessible on or through the Site User Content
that:
Is unlawful, harmful, threatening, tortious,
defamatory, libelous, abusive, disparaging,
pedophilic, pornographic, obscene, invasive
of another's privacy, hateful, or malicious;
Contains hate propaganda or promotes discrimination
or violence against any people on account
of their race, national origin, religion,
age, gender, disability, or sexual orientation;
Is or could be harmful to minors;
Harasses or advocates harassment of another
person;
Involves the transmission of "junk mail,"
"chain letters," or unsolicited
mass mailing (or "spamming");
Promotes information that you know is false,
misleading, or promotes illegal activities
or conduct;
Is or promotes an illegal or unauthorized
copy of another person's work, such as providing
pirated computer programs or links to them,
or providing information to circumvent manufacture-installed
copy-protect devices;
Infringes any patent, copyright, trademark,
service mark, trade secret, or other proprietary
right of any other party;
Contains restricted password only access
pages, or hidden pages or images (those not
linked to or from another accessible page);
Provides material that exploits people under
the age of 18 in a sexual or violent manner,
or solicits personal information from anyone
under 18;
Provides instructional information about
illegal activities such as making or buying
illegal weapons, or providing or creating
computer viruses;
Contains a software virus or any other code
files or programs that are designed to or
have the ability to interrupt, destroy, compromise,
or otherwise limit the functionality of any
computer software or hardware or telecommunications
equipment whether owned by nfpusa.com or
any other party;
Solicits passwords, or personal identifying
information for commercial or unlawful purposes
from other users; or
Otherwise violates any local, state, national
or other applicable law or regulation.
In addition, you may not, in connection with
your use of the Site:
Impersonate any person or entity, including
a nfpusa.com officer or employee, or falsely
misrepresent your affiliation with any other
person or entity;
Forge headers or otherwise manipulate identifiers
for the purpose of disguising the origin
of any User Content posted or transmitted
through or on the Site;
Engage in commercial activities and/or sales
without nfpusa.com's prior written consent
including, without limitation, contests,
sweepstakes, barter, or advertising;
Post or transmit any Content that you do
not have the right to post or transmit;
Post or submit unsolicited commercial e-mail,
chain letters, pyramid schemes, or seek or
encourage others to engage in these activities;
Disrupt the ordinary flow and operation of
any portion of the Site, including causing
a screen to scroll faster than another User
may be able to type in a chat room or bulletin
board environment;
Interfere with or disrupt the Site or any
server or network involved with the operation
of the Site;
Stalk or harass any other person; or
Collect or "harvest" from the Site
the names of other users for the purpose
of transmitting to those other users unsolicited
commercial messages.
If you discover this kind of material or
activity on the Site, please notify us at
contactus.
3. License To User Content
With respect to User Content you elect to
post or transmit for inclusion in or on the
Site, you grant nfpusa.com and its affiliates
and partners the perpetual, world-wide, royalty
free, non-exclusive, sub-licensable license
as follows: to use, reproduce, translate,
alter, perform, display, modify, adapt, and
publish such User Content, in whole or in
part, in all present and future media and
in any manner relating to the Site (including
without limitation in connection with the
appearance of such User Content on nfpusa.com
and on the sites of our affiliates, partners
and others with whom nfpusa.com may have
business relationships relating to the Site)
and the distribution and promotion of the
Site. You further agree that nfpusa.com
is free to use any ideas, know-how, concepts,
techniques or other materials you send us
for any purpose.
Without limitation of any of the rights granted
to nfpusa.com herein, you acknowledge
and agree that nfpusa.com may
preserve User Content and may also disclose
User Content if required to do so by law
or in the good faith belief that such preservation
or disclosure is reasonably necessary to:
(a) comply with legal process; (b) enforce
the Terms And Conditions Of Use ; (c) respond
to claims that any User Content violates
the rights of third-parties; or (d) protect
the rights, property, or personal safety
of nfpusa.com, its users and
the public.
4. Indemnity
You agree to indemnify and hold nfpusa.com,
its subsidiaries, affiliates, officers, agents,
co-branders, 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 User Content you submit, post to,
or transmit through the Site, your use of
the Site, including your use of the Site
to provide a link to another Site or to upload
content or other information to the Site,
or your violation of the Terms and Conditions
of Use or any applicable laws or the rights
of another.
5. Links and Search Results
The Site may provide links and automatically
produce search results, or third parties
may provide information, that reference or
link to other World Wide Web sites or resources.
nfpusa.com has no control over
such sites and resources, and you acknowledge
and agree that nfpusa.com is
not responsible for the content or information
contained therein. nfpusa.com
cannot and does not guarantee, represent,
or warrant that the content or information
contained in such third-party sites is accurate,
legal and/or inoffensive. nfpusa.com
does not endorse the content or information
of any third-party site or resource, and
further does not warrant that such sites
or resources will not contain viruses or
otherwise impact your computer. By using
the Site to search for or link to another
site, you agree and understand that nfpusa.com
shall not be responsible or liable, directly
or indirectly, for any damages or loss caused
or alleged to be caused by or in connection
with your use of, or reliance on, the Site
to obtain search results and/or to link to
another site. However, if you have a problem
with a link from the Site, please let us
know at contactus.
6. No Resale of Site
You agree not to reproduce, duplicate, copy,
sell, resell or exploit for any commercial
purposes, any portion of the Site, use of
the Site, or access to the Site, without
the express, prior written consent of nfpusa.com
in each instance.
7. Modifications to Site
nfpusa.com reserves the right at any time
and from time to time to modify or discontinue,
temporarily or permanently, the Site (or
any part thereof) with or without notice.
You agree that nfpusa.com shall not be
liable to you or to any third party for any
modification, suspension, or discontinuance
of the Site.
8. Suspension and/or Termination Rights
nfpusa.com reserves the right,
at its sole discretion, immediately and without
notice, to suspend or terminate the Terms
And Conditions Of Use, your registration
for any program, your ability to access the
Site, your ability to utilize any email services
offered on the Site, and/or to remove any
User Content, for any reason, including without
limitation any breach by you of the Terms
and Conditions of Use or conduct by you that
nfpusa.com determines to be inappropriate.
You agree that nfpusa.com shall
not be liable to you or any third-party for
any suspension or termination pursuant to
this provision.
9. Copyright Policy
nfpusa.com understands and respects the
importance of intellectual property.
10. Your Registration Obligations
In consideration of your use of the Site,
you agree to: (a) provide true, accurate,
current and complete information about yourself
as prompted by the Site's registration form
(such information being the "Registration
Data") and (b) maintain and promptly
update the Registration Data to keep it true,
accurate, current and complete. If you provide
any information that is untrue, inaccurate,
not current or incomplete, or nfpusa.com
has reasonable grounds to suspect that such
information is untrue, inaccurate, not current
or incomplete, nfpusa.com has the right
to suspend, terminate, or refuse any and
all current or future use of the Site (or
any portion thereof).
11. Privacy Policy
We believe that your privacy and the privacy
of all of our users is important. to which
you hereby agree. Upon registering on the
Site, you will be given an opportunity to
"opt in" to receive mailings from
nfpusa.com and/or its partners
by "checking" on a box in the registration
form. If you submit the registration form
with the box checked, you thereby consent
to being placed on this mailing list. You
may subsequently contact us to request to
be removed from this list. (For purposes
of the Terms And Conditions Of Use , "partners"
includes, in addition to third parties with
whom nfpusa.com may have co-branding
arrangements or some other business relationship
or alliance, other Web sites incubated or
funded by eCompanies, as such term is defined
below.)
12. Back-Up
nfpusa.com is not liable for any lost data
resulting from the operation of our Site
and/or the enforcement of the Terms and Conditions of Use(including
without limitation content from any e-mail
account hosted by nfpusa.com), and is not
obligated to maintain back-up copies of any
contributed User Content or e-mail messages.
We recommend that you retain a copy of all
User Content that you post or distribute
to, or through, the Site.
You understand and agree that nfpusa.com
may release information about you if required
by law or subpoena, or if the information
is necessary or appropriate to release to
address an unlawful or harmful activity.
13. Password and Security if used
You may receive a password and account designation
upon completing the Site's registration process.
You are responsible for maintaining the confidentiality
of the password and account, and are fully
responsible for all activities that occur
under your password or account. You agree
to (a) immediately notify nfpusa.com
of any unauthorized use of your password
or account or any other breach of security,
and (b) ensure that you exit from your account
at the end of each session. nfpusa.com
cannot and will not be liable for any loss
or damage arising from your failure to comply
with this Section. Without limitation to
the generality of the foregoing, due to the
nature of Internet, computers, data flow,
and other technical and economical practicalities,
the Site, like most computer data and Internet
applications, is vulnerable to various security
issues and hence should be considered unsecured.
By using the Site and the Internet in general,
you may be subject to various risks, including,
among others, eavesdropping, sniffing, spoofing,
forgery, spamming, "imposturing",
tampering, breaking passwords, harassment,
fraud, electronic trespassing, hacking, system
contamination including without limitation,
viruses, worms, Trojan horses, causing unauthorized,
damaging or harmful access and/or retrieval
of information and data on your computer
and other forms of activity that may even
be considered unlawful. Information (including
Registration Data, passwords and User Content)
received or delivered or intended to be made
available on and through the Site may be
subject to these and other security or privacy
hazards or may not reach its destination
or reach an erroneous address or recipient.
The Site is not different than other applications
in this respect. Without limitation of the
foregoing, although we take seriously the
security of all member accounts and other
personal and non-personal information associated
with our visitors and participants, due to
the open communication nature of the Internet,
we can not guarantee that your account will
be free from unauthorized access by third
parties.
14. U.S. Export Controls
nfpusa.com encourages users from
around the world to use the Site. However,
if you choose to use the Site, you understand,
acknowledge and agree that your use of the
Site is governed by the Terms and Conditions
of Use and the laws and regulations of the
United States regarding online conduct and
acceptable content. If you use the Site in
a jurisdiction that prohibits or restricts
the use of the Site, you agree that your
use of the Site will be at your own risk,
without limitation of any other provision
of the Terms and Conditions of Use, and that
nfpusa.com shall not have any
liability with respect to such use. Software
from this Site is subject to United States
export controls. No software from this Site
may be downloaded or otherwise exported or
re-exported (i) into (or to a national or
resident of) Cuba, Iraq, Libya, North Korea,
Iran, Syria, or any other country to which
the United States has embargoed goods; or
(ii) to anyone on the United States Treasury
Department's list of Specially Designated
Nationals or the United States Commerce Department's
Table of Deny Orders. By downloading or using
the Software, you represent and warrant that
you are not located in, under the control
of, or a national or resident of any such
country or on any such list.
15. Disclaimer of Warranties
You expressly understand and agree that:
Your use of the Site is at your sole risk.
The Site, and its content, are delivered
on an "as is" and "as available"
basis. nfpusa.com expressly disclaims all
warranties of any kind, whether express or
implied, including, but not limited to, the
implied warranties of merchantability, fitness
for a particular purpose, or non-infringement.
nfpusa.com makes no warranty that the Site
or any related services, such as email, links,
or searches offered on the Site will be error-free,
uninterrupted, timely, secure, or that it
will provide specific results from use of
the Site or any content, search or link therein.
nfpusa.com further cannot ensure that files
you download from the Site will be free of
viruses, Trojan horses, bugs, contamination,
or destructive features.
Any material viewed, downloaded, or otherwise
obtained through the use of the Site is done
solely at your own discretion and risk, and
nfpusa.com will not be liable for any damages
of any kind arising from the use of the Site,
including, without limitation, direct, indirect,
incidental, punitive, or consequential damages.
No advice or information, whether oral or
written, obtained by you from nfpusa.com
or through or from the Site shall create
any warranty not expressly stated in the
Terms and Conditions of Use. Data and information
relating to securities or otherwise is provided
for informational purposes only, and is not
intended for trading purposes. Neither nfpusa.com
nor any of its data or content providers
shall be liable for any errors or delays
in the content, or for any actions taken
in reliance thereon.
16. Limitation of Liability
You expressly understand and agree that nfpusa.com
shall not be liable for any indirect, incidental,
special, consequential or exemplary damages,
including but not limited to, damages for
loss of profits, goodwill, use, data or other
intangible losses (even if nfpusa.com has
been advised of the possibility of such damages),
resulting from: (i) the use or the inability
to use the Site; (ii) the cost of procurement
of substitute goods or services resulting
from any goods, data, information or services
purchased or obtained or messages received
or transactions entered into through or from
the Site; (iii) unauthorized access to or
alteration of your transmissions or data;
(iv) statements or conduct of any third party
on the Site; or (v) any other matter relating
to the Site or the content thereon, including
without limitation any user content posted
thereon. In no event will nfpusa.com be
liable for any damages in excess of one hundred
United State dollars ($100.00).
17. Exclusions and Limitations
Some jurisdictions do not allow the exclusion
of certain warranties or the limitation or
exclusion of liability for incidental or
consequential damages. Accordingly, some
of the above limitations may not apply to
you.
18. Miscellaneous
The Terms and Conditions of Use constitutes
the entire agreement between you and nfpusa.com
and governs your use of the Site, superceding
any prior agreements between you and nfpusa.com.
You may also be subject to additional terms
and conditions that may apply when you use
affiliate services, third-party content,
or third-party software.
You agree that the Terms and Conditions of
Use and the relationship between you and
nfpusa.com shall be governed
by the laws of the State of Oregon without
regard to its conflict of law provisions.
You agree to submit to personal and exclusive
jurisdiction by and venue in the state and
federal courts of the State of Oregon,
County of Lann. The failure of nfpusa.com
to exercise or enforce any right or provision
of the Terms and Conditions of Useshall not
constitute a waiver of such right or provision.
If any provision of the Terms and Conditions
of Use is found by a court of competent jurisdiction
to be invalid, the parties nevertheless agree
that the court should endeavor to give effect
to the parties' intentions as reflected in
the provision, and the other provisions of
the Terms and Conditions of Use remain in
full force and effect. You agree that regardless
of any statute or law to the contrary, any
claim or cause of action arising out of or
related to use of the Site or the Terms And
Conditions Of Use must be filed within one
(1) year after such claim or cause of action
arose or be forever barred.
The section titles in the Terms and Conditions
of Use are for convenience only and have
no legal or contractual effect.