AGREEMENT BETWEEN USER AND N.W.P.A., Inc.
TERMS OF USE and NOTICES
This Web site is offered to you conditioned on your acceptance
without modification of the terms, conditions, and notices contained herein.
Your use of this Web site constitutes your agreement to
all such terms, conditions, and notices.
This Web site contains bulletin board services, news groups,
forums, collectively, you agree to use the Communities only to send
and receive messages and material that are proper and related
to the particular Forum. By way of example, and not as a limitation,
you agree that when using a Community, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate
the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate,
profane, defamatory, infringing, obscene, indecent or unlawful topic,
name, material or information.
Upload files that contain software or other material protected
by intellectual property laws (or by rights of privacy of publicity) unless
you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other
similar software or programs that may damage the operation of another's computer.
Advertise or offer to sell any goods or services for any commercial purpose.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Forum that you know,
or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper
notices or proprietary designations or labels of the origin or
source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the services.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
This Web site is for your personal and non-commercial use.
You may not modify, copy, distribute, transmit, display, perform,
reproduce, publish, license, create derivative works from, transfer,
or sell any information, software, products or services obtained from this Web site.
LINKS TO THIRD PARTY SITES
This Web site and the nwpainc.org Sites may contain links
to Web sites operated by parties other than N.W.P.A..
Such links are provided for your convenience only.
nwpainc.org does not control such Web sites,
and is not responsible for their contents. N.W.P.A., Inc.
inclusion of links to such Web sites does not imply any endorsement
of the material on such Web sites or any association with their operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this Web site, you warrant to
nwpainc.org that you will not use this Web site for
any purpose that is unlawful or prohibited by these terms, conditions, and notices.
LIABILITY DISCLAIMER
The information, products, and services included on this
Web site may include inaccuracies or typographical errors.
Changes are periodically added to the information herein.
N.W.P.A. and/or its respective suppliers may make improvements
and/or changes in this Web site at any time.
Advice received via this Web site should not be relied
upon for personal, medical, legal or financial decisions and
you should consult an appropriate professional for specific
advice tailored to your situation.
N.W.P.A.,Inc. AND/OR ITS RESPECTIVE SUPPLIERS MAKE
NO REPRESENTATIONS ABOUT THE SUITABILITY,
RELIABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED
ON THIS WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
N.W.P.A., Inc. AND/OR ITS RESPECTIVE SUPPLIERS HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD
TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES
AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL N.W.P.A., Inc. AND/OR ITS SUPPLIERS
BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF
OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE
OF THIS WEB SITE, WITH THE DELAY OR INABILITY TO USE
THIS WEB SITE, THE PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS OBTAINED THROUGH
THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE
OF THIS WEB SITE, WHETHER BASED ON CONTRACT, STRICT
LIABILITY OR OTHERWISE, EVEN IF N.W.P.A. OR ANY OF ITS
SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
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. IF YOU ARE DISSATISFIED
WITH ANY PORTION OF THIS WEB SITE, OR WITH ANY OF
THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING THIS WEB SITE.
MODIFICATION OF THESE TERMS AND CONDITIONS
N.W.P.A., Inc. reserves the right to change the terms,
conditions, and notices under which this Web site is offered.
GENERAL
This agreement is governed by the laws of the State of California,
U.S.A. You hereby consent to the exclusive jurisdiction and venue
of courts in Los Angeles, California, U.S.A. in all disputes arising out
of or relating to the use of this Web site. Use of this Web site is unauthorized
in any jurisdiction that does not give effect to all provisions of these
terms and conditions, including without limitation this paragraph.
You agree that no joint venture, partnership, employment,
or agency relationship exists between you and n.w.p.a. as a
result of this agreement or use of this Web site. N.W.P.A.'s performance
of this agreement is subject to existing laws and legal process,
and nothing contained in this agreement is in derogation of N.W.P.A.'s
right to comply with governmental, court and law enforcement requests
or requirements relating to your use of this Web site or information
provided to or gathered by N.W.P.A. with respect to such use.
If any part of this agreement 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 the agreement shall
continue in effect. This agreement constitutes the entire agreement
between the user and N.W.P.A. with respect to this Web site and
it supersedes all prior or contemporaneous communications
and proposals, whether electronic, oral or written, between the
user and N.W.P.A. with respect to this Web site. A printed version
of this agreement and of any notice given in electronic form shall
be admissible in judicial or administrative proceedings based upon or
relating to this agreement to the same extent and subject to the same
conditions as other business documents and records originally generated
and maintained in printed form. Fictitious names of companies,
products, people, characters and/or data mentioned herein are not
intended to represent any real individual, company, product or event.
Any rights not expressly granted herein are reserved.
Copyright: © 1994,2007, National Wheelchair Poolplayers Association, Inc.
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