Welcome to
NHLI.ORG, which is provided by NHLI, INC. (either "NHLI",
"we" or "us"). These Terms of Use govern your use of the
websites, content, software and services offered through NHLI.ORG
(collectively, "NHLI.ORG").
YOUR AFFIRMATIVE
ACT OF USING NHLI.ORG SIGNIFIES THAT YOU AGREE TO THE FOLLOWING TERMS OF USE,
YOU CONSENT TO THE INFORMATION PRACTICES DISCLOSED IN THE NHLI NETWORK PRIVACY POLICY, AND YOU CONSENT
TO RECEIVE REQUIRED NOTICES AND TO TRANSACT WITH US ELECTRONICALLY. IF YOU DO
NOT AGREE, DO NOT USE NHLI.ORG.
1. CHANGES
TO THE TERMS OF USE. We may change these
Terms of Use at any time. You can review the most current version of these
terms by contacting NHLI or viewing our website. You are responsible for
checking these terms periodically for changes. If you continue to use NHLI.ORG
after we post changes to these Terms of Use, you are signifying your acceptance
of the new terms.
2.
REGISTERED USERS. Certain enhanced
services are available only to registered users of the NHLI website and require
you to sign in with a screen name to use them. Your use of these enhanced
services as a registered user of the NHLI services will be subject to this Use
Policy and any additional User Terms of Service that may established for such
enhanced services. You may be
provided the opportunity to join or register for such enhanced services when
you sign up for any enhanced service that requires registration.
3.
ADDITIONAL TERMS. Certain areas of
NHLI.ORG, such as sites where you can upload or download files, may include
usage guidelines and rules that will supplement these Terms of Use. By using
those services on NHLI.ORG, you agree to comply with such guidelines and rules.
4.
ELECTRONIC DELIVERY POLICY AND YOUR CONSENT. You agree that we may provide you required notices, agreements and other
information concerning NHLI.ORG electronically. We will post the notices on the
home page of NHLI.ORG or on the relevant Web page of the applicable service. If
you want to withdraw your consent to receive notices electronically, you must
discontinue your use of NHLI.ORG.
5. PRIVACY
POLICY. The
NHLI Network Privacy Policy explains the practices that apply to
your information when you use NHLI.ORG. Your ongoing use of NHLI.ORG signifies
your consent to the information practices disclosed in our Privacy Policy. You
can review the Privacy Policy by clicking on the "Privacy Policy"
link located on the home page of NHLI.ORG.
6. CHANGES
TO NHLI.ORG. We may discontinue or change
any service or feature on NHLI.ORG at any time and without notice.
7. YOUR RESPONSIBILITIES. You may use NHLI.ORG for lawful purposes only. You
may not submit or transmit through NHLI.ORG any material, or otherwise engage
in any conduct that:
- Violates or infringes the rights of others including,
without limitation, patent, trademark, trade secret, copyright, publicity
or other proprietary rights;
- Is unlawful, threatening, abusive, harassing,
defamatory, libelous, deceptive, fraudulent, invasive of another's
privacy, tortious, or contains explicit or graphic descriptions, or
accounts of, sexual acts;
- Victimizes, harasses, degrades, or intimidates or
advocates such conduct of any individual or group of individuals on the
basis of religion, gender, sexual orientation, race, ethnicity, age or
disability;
- Impersonates any person, business or entity,
including NHLI and its employees and agents;
- Contains viruses or any other computer code, files or
programs that interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment or otherwise
permit the unauthorized use of a computer or computer network;
- Encourages conduct that would constitute a criminal
offense, or that gives rise to civil liability;
- Violates these Terms of Use, guidelines or any policy
posted on NHLI.ORG, or
8. Interferes with the use of NHLI.ORG by others.
9. is implicitly or explicitly offensive,
such as User Content that engages in, endorses or promotes racism, bigotry,
discrimination, hatred or physical harm of any kind against any group or
individual;
10. Involves the
transmission of "junk mail", "chain letters," or
unsolicited mass mailing or "spamming";
11. Promotes or
endorses false or misleading information or illegal activities or conduct that
is abusive, threatening, obscene, defamatory or libelous;
12. Promotes or
endorses an illegal or unauthorized copy of another person's copyrighted work,
such as providing or making available pirated computer programs or links to
them, providing or making available information to circumvent manufacture-installed
copy-protect devices, or providing or making available pirated music or other
media or links to pirated music or other media files;
13. Contains
restricted or password only access pages, or hidden pages or images;
14. Displays or links
to pornographic, indecent or sexually explicit material of any kind;
15. Provides or links
to material that exploits people under the age of 18 in a sexual, violent or
other manner, or solicits personal information from anyone under 18; or
16. Provides
instructional information about illegal activities or other activities
prohibited by these Terms, including without limitation, making or buying
illegal weapons, violating someone's privacy, providing or creating computer
viruses or pirating any media; and
17. Solicits passwords
or personal identifying information from other Users.
You may not use
NHLI.ORG in any manner that could damage, disable, overburden, or impair our
servers or networks, or interfere with any other party's use and enjoyment of
NHLI.ORG. You may not attempt to gain unauthorized access to any services, user
accounts, computer systems or networks, through hacking, password mining or any
other means. We may take any legal and technical remedies to prevent the
violation of this provision and to enforce these Terms of Use.
8. NO SPAM. You may not use NHLI.ORG or any of our
communication tools to transmit, directly or indirectly, any unsolicited bulk
communications (including e-mails and instant messages). You may not harvest
information about our users for the purpose of sending, or to facilitate the
sending, of unsolicited bulk communications. You may not induce or allow others
to use NHLI.ORG to violate the terms of this section. We may terminate your
access or use of NHLI.ORG immediately and take any other legal action if you,
or anyone using your access to NHLI.ORG, violates these provisions. We may take
any technical remedies to prevent unsolicited bulk communications from
entering, utilizing, or remaining with in our computer or communications
networks.
9. PROPRIETARY
RIGHTS. We, our suppliers, and our users
who lawfully post text, messages, information, software, images, audio and
video ("Content") on NHLI.ORG own the propriety rights to that
content. The content is protected by international treaties, and by copyright,
trademark, patent, and trade secret laws and other proprietary rights. For
example, we own a copyright in the selection, organization, arrangement, and
enhancement of the Content, as well as in our original Content. The look and
feel of our color combinations, button shapes, and other graphical elements on
NHLI.ORG are our trademarks.
10. LICENSE
TO USE NHLI.ORG. You may use NHLI.ORG and
the Content offered on NHLI.ORG only for personal, non-commercial purposes. You
may use Content offered for downloading, such as photos and music, for personal
use only and subject to the rules that accompany that particular Content. You
may not use the Content in a manner that exceeds the rights granted for your
use of the Content. You may not use any data mining, robots, or similar data
gathering and extraction tools on the Content, frame any portion of NHLI.ORG or
Content, or reproduce, reprint, copy, store, publicly display, broadcast,
transmit, modify, translate, port, publish, sublicense, assign, transfer, sell,
loan, or otherwise distribute the Content without our prior written consent.
You may not circumvent any mechanisms included in the Content for preventing
the unauthorized reproduction or distribution of the Content. Please contact us
as identified on the Contact link located on the home page of NHLI.ORG for
information on how you can request permission to reproduce certain Content from
NHLI.ORG.
11. CONTENT
YOU POST ON NHLI.ORG OR TO PUBLIC AREAS. Certain areas of NHLI.ORG may allow you to post Content that can be accessed
and viewed by others, including the public in general. You may only post
Content on NHLI.ORG or to public areas on NHLI.ORG that you created or that you
have permission to post. You may not post Content that violates these Terms of
Use. While we do not claim any superior right of or ownership interest greater
than yours of any Content that you may post, by submitting this information to
and through NHLI.ORG you agree that we may assert such an ownership right to
such information as related to third parties other than you. Further, by
submitting Content to NHLI.ORG or to public areas of NHLI.ORG, you grant us,
our affiliates, and distributors the right to use, copy, display, perform,
distribute, adapt and promote this Content in any medium. You are solely responsible
for your information as provided to or posted on NHLI.ORG including, without
limitation works in any form, media, or technology whether now known or later
developed, messages, audio, video, photos, text, images, compilations or other
information ("User Content") that You post on any NHLI.ORG Site or
transmit to other Users. You agree that in submitting User Content or otherwise
using any NHLI.ORG Site that you will not impersonate any person, or submit any
materials to NHLI that are false, inaccurate, misleading, unlawful, or are
otherwise in violation of your obligations under these Terms. You also represent and warrant that You
have the right to grant or that the holder of any rights, including moral
rights in such content, has completely and effectively waived all such rights
and validly and irrevocably granted to You the right to grant, the license
stated above. If you post User Content in any public area of any NHLI.ORG Site,
You also permit any User to access, display, view, store and reproduce such
User Content for personal use. Subject to the foregoing, the owner of such User
Content placed on any NHLI.ORG Site retains any and all rights that may exist
in such User Content
12. NO DUTY
TO MONITOR. You agree that we are not liable
for Content that is provided by others. We have no duty to pre-screen Content,
but we have the right to refuse to post or to edit submitted Content. We
reserve the right to remove Content for any reason, but we are not responsible
for any failure or delay in removing such material.
13.
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT. We respect the intellectual property of others. If
you believe that your work has been copied and is accessible on NHLI.ORG in a
way that constitutes copyright infringement, please contact us as identified on
the Contact link located on the home page of NHLI.ORG to report possible
copyright infringement.
14. THIRD
PARTY SITES. NHLI.ORG may include links to
third party websites, including links provided as automated search results.
Such links are provided not as an endorsement by NHLI but merely as a possible
service to users of NHLI.ORG. You
acknowledge and understand that NHLI does not monitor those links so that is is
possible that some of these sites may contain materials that are objectionable,
unlawful, or inaccurate. These links do not mean that we endorse these third
party sites or services. You acknowledge and agree that we are not responsible
or liable for any Content or other materials on these third party sites. Any
dealings that you have with third parties found on NHLI.ORG are between you and
the third party and you acknowledge and agree that we are not liable for any
loss or claim you may have against a third party.
15.
DISCLAIMER OF WARRANTIES. We provide
NHLI.ORG "as is", "with all faults" and "as
available". We and our suppliers make no express warranties or guarantees
about NHLI.ORG. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM
IMPLIED WARRANTIES THAT NHLI.ORG AND ALL SOFTWARE, CONTENT AND SERVICES
DISTRIBUTED THROUGH NHLI.ORG ARE MERCHANTABLE, OF SATISFACTORY QUALITY,
ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE
DO NOT GUARANTEE THAT NHLI.ORG WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE,
RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE
THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF NHLI.ORG, INCLUDING ANY
SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR
REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE
NHLI.ORG (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR
LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY
AN AOL REPRESENTATIVE SHALL CREATE A WARRANTY. You may have additional consumer
rights under your local laws that this contract cannot change.
16.
LIMITATION OF LIABILITY. YOUR SOLE AND
EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF
NHLI.ORG. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR AFFILIATES
AND OUR SUPPLIERS FOR ANY AND ALL CLAIMS RELATING TO THE USE OF NHLI.ORG EXCEED
THE TOTAL AMOUNT OF SERVICE FEES, IF ANY, THAT YOU MAY HAVE PAID US DURING A
ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE.
WE, OUR
AFFILIATES, AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF,
INABILITY TO USE, OR RELIANCE UPON NHLI.ORG. THESE EXCLUSIONS APPLY TO ANY
CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER
FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE
KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME
STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR
JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES AND
SUPPLIERS, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
17.
INDEMNIFICATION. Upon a request by us, you
agree to defend, indemnify, and hold harmless us and our affiliated companies,
and our respective employees, contractors, officers, directors, and agents from
all liabilities, claims, and expenses, including attorney's fees that arise
from your use or misuse of NHLI.ORG. We reserve the right, at our own expense,
to assume the exclusive defense and control of any matter otherwise subject to
indemnification by you, in which event you will cooperate with us in asserting
any available defenses.
18.
INTERNATIONAL USE. We make no
representation that Content on NHLI.ORG is appropriate or available for use in
locations outside the United States, and accessing it from territories where
the Content is illegal is prohibited. If you choose to access NHLI.ORG from a
location outside the U.S., you do so on your own initiative and you are
responsible for compliance with local laws.
19. CHOICE
OF LAW AND LOCATION FOR RESOLVING DISPUTES. You agree that the laws of the Commonwealth of Virginia govern this contract
and any claim or dispute that you may have against us, without regard to
Virginia's conflict of laws rules. You further agree that any disputes or
claims that you may have against us will be resolved by a court located in the
Commonwealth of Virginia and you agree and submit to the exercise of personal jurisdiction
of such courts for the purpose of litigating any such claim or action.
PLEASE NOTE
THAT BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU
MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS,
INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION
OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE COMMONWEALTH OF VIRGINIA OVER
ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE
PERSONAL JURISDICTION OF COURTS LOCATED IN THE COMMONWEALTH OF VIRGINIA FOR THE
PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.
20.
SEVERABILITY and INTEGRATION. This
contract and any supplemental terms, policies, rules and guidelines posted on
NHLI.ORG constitute the entire agreement between you and us and supersede all
previous written or oral agreements. If any part of these Terms of Use is held
invalid or unenforceable, that portion shall be construed in a manner
consistent with applicable law to reflect, as nearly as possible, the original
intentions of the parties, and the remaining portions shall remain in full
force and effect.
21.
TERMINATION. Your right to use NHLI.ORG
automatically terminates if you violate these Terms of Use or any rules or
guidelines posted in connection with NHLI.ORG. We also reserve the right, in
our sole discretion, to terminate your access to all or part of NHLI.ORG, for
any reason, with or without notice.
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