Terms & Conditions
These Terms and Conditions govern the use of the NHCAA website (Site), and any services contained within this Site. The information, products and services provided on this Site are in furtherance of NHCAA’s nonprofit and tax-exempt status. By using this Site, you acknowledge that you have read these Terms and Conditions, including the Disclaimers and Limitation on Liability, and that you accept and will be bound by the terms hereof.
- Disclaimers and Limitation on Liability
- Disclaimer of Warranties. The contents of this Site are provided “as is” and NHCAA makes no representations or warranties, express or implied, of any kind with respect to this Site or its contents. NHCAA disclaims all representations and warranties, including, without limitation, warranties of merchantability, fitness for a particular purpose, title and non-infringement.
- Disclaimer of Accuracy. NHCAA does not represent or warrant that the information accessible via this Site is accurate, complete or current. This Site could contain typographical errors or technical inaccuracies. NHCAA reserves the right to add to, change or delete its content or any part thereof without notice. Any price or availability information is subject to change without notice. Additionally, this Site may contain information provided by third parties. NHCAA makes no representation or warranty regarding the accuracy, truth, quality, suitability or reliability of such information. NHCAA is not responsible for any errors, omissions, or inaccuracies contained in any information provided by such third parties. Use of the information on this Site is voluntary and reliance on it should only be undertaken after you have independently verified its accuracy, completeness and timeliness.
- Limitation on Liability. Neither NHCAA nor any of its members, directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this Site or any information, products or services contained herein even if advised of the possibility thereof. This is a comprehensive limitation of liability that applies to all damages of any kind, including, without limitations, indirect, special, incidental and consequential damages, punitive damages, loss of data, income, profit or goodwill, attorneys fees, litigation costs, loss of or damage to property and claims of third parties, even if NHCAA is advised of the possibility of such damages. This limitation of liability applies to claims based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise.
You have the sole responsibility for adequate protection and backup of data and/or equipment used in connection with this Site and will not make any claim against NHCAA for viruses, lost data, re-run time, inaccurate output, work delays or lost profits resulting from the use of the materials. All responsibility for viruses contained within the Site or electronic files on the Site are disclaimed.
- Links to other Sites
This Site may contain links to other Internet sites. Such sites are not under the control of NHCAA, and NHCAA is not responsible for the contents or accuracy of any linked site. Links to other sites do not imply NHCAA’s endorsement, sponsorship, or approval of the information, products or services on such sites. Your linking to other sites is entirely at your own risk.
NHCAA prohibits the posting of any defamatory, abusive, profane, threatening, offensive, anticompetitive, or illegal statements, information or materials on this Site and will not be responsible for any such statements, information or materials or resulting liability. If you transmit any information of any kind (including software) to this Website, you represent, warrant, and agree that you have the unhindered right to do so, that such information does not infringe the copyright, trademark, patent, trade secret, or other intellectual property or proprietary rights of any other person or company, that such information is not confidential or proprietary to you or any other person or company, that such information does not injure any other person or company, and that NHCAA may copy, distribute, modify, display, disclose, obtain intellectual property in its own name for, or otherwise use such information (and any ideas embodies therein), and may manufacture, use, and sell products, methods, and processes made therefrom, without restriction, in any way it chooses anywhere in the world, free of charge to NHCAA and without acknowledgement of authorship or source. NHCAA shall not be liable for any compensation, claims, or damages resulting from any use of any such information, and you agree to defend and hold NHCAA harmless with respect to any such compensation, claims, or damages, including attorney’s fees.
- Applicable Law and Venue
Any action, proceeding, dispute, claim or controversy arising out of or relating to this Site or these Terms and Conditions shall be governed by, interpreted and construed in accordance with the laws of the District of Columbia. All claims, actions, proceedings and disputes arising out of this Agreement shall be commenced exclusively in the District of Columbia, and all parties consent to personal jurisdiction in the District of Columbia.
You agree to defend, indemnify, and hold harmless NHCAA, its officers, directors, employees, members, agents and affiliates from and against any claims, actions or demands, including without limitation reasonable attorneys fees, alleging or resulting from your breach of these Terms and Conditions.
- Complete Agreement
These Terms and Conditions constitute the entire and only agreement between NHCAA and any viewer of this site, and supersedes any prior, contemporaneous, conflicting or additional communications, representations, warranties or understandings with respect to this Site and the information on this Site. NHCAA reserves the right to terminate access to any user who does not abide by these Terms and Conditions.