By using the Internet services, including, but not limited to, the public website, feeds, widgets, and API, including those facilitated by third parties, including, but not limited to YouTube, Facebook, and Twitter, (“Site”) provided by the North American Retail Hardware Association (“NRHA”), you agree to be bound by the following terms and conditions. If you do not agree with these terms and conditions, do not use Site.
You are responsible for all information, including, but not limited to, text, images, files, documents, video and comments (“Materials”), you make available (“Upload”) on Site. Opinions expressed or conveyed in Materials are your own and do not necessarily represent those of NRHA.
Site is a public, open forum. NRHA does not control all Materials on Site and does not guarantee the accuracy, quality, or integrity of said Materials. As such, you understand that you might find some Materials objectionable, possibly even offensive.
You agree not to :
- Upload unlawful or objectionable Materials. This includes anything meant to harass, bully or slander or anything racially, ethnically or otherwise abusive.
- Impersonate any person, position or affiliation.
- Upload copyrighted Materials or any Materials that you are otherwise not legally allowed to share.
- Upload unsolicited Materials or “spam”, malicious software, or anything else meant to defraud, trick or damage. This includes Materials promoting any commercial product or service.
- Upload anyone’s personal or otherwise sensitive information. Materials you Upload are considered non-confidential. You should likewise take care to protect your own personal information as you would in any public forum online.
You agree to access Site only through the interface or means NRHA makes expressly available.
NRHA retains the right to refuse or remove Materials. NRHA may make improvements or changes to Materials at any time.
NRHA makes no claims of ownership of your Materials. However, NRHA is free to use Materials and any idea, concept or information contained in Materials for any purpose without obligation. This may include, but is not limited to, developing or manufacturing commercial or promotional products containing Materials. You also grant NRHA a worldwide, royalty free, non-exclusive license to use Materials to provide and promote Site.
You agree to indemnify and hold harmless, the NRHA, and its directors, officers, agents, subsidiary organizations, partners, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your connection to or use of Site.
Materials copyrighted by NRHA may not be copied, reproduced, modified, published, uploaded, posted, or distributed in any way, without NRHA’s prior written consent. The compilation of Materials on Site, including the design and organization, is copyrighted and may not be reproduced.
NRHA retains the right to turn over Materials if legally required to do so.
Except as expressly provided herein, NRHA does not grant any express or implied right to you. NRHA reserves any and all rights not expressly granted herein.
Site collects and records non-personal, publicly available user information, including, but not limited to, IP addresses and their respective location.
Site may provide content based on user location.
Site uses traffic analysis software, including, but not limited to, Google Analytics and Quantcast.
Site uses industry standard security measures to minimize the loss, misuse and alteration of the information under our control.
NRHA never requests personal or sensitive information by E-mail. If you receive any E-mail requesting such information, please contact our offices at (317) 275-9400.
Site provides links to external resources not controlled by NRHA. NRHA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of any such links.
NRHA reserves the right to discontinue or modify any of the information contained on Site at any time. You acknowledge that the NRHA reserves the right to remove accounts. You agree that the NRHA may, in its sole discretion and at any time, terminate your use of Site. NRHA may remove and discard any Material, at any time, for any reason. NRHA may immediately terminate, delete or otherwise deactivate your account. Any termination of access to Site under any provision hereof may be effected without prior notice. NRHA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with termination of access to Site or Materials by NRHA or any third party.
No Warranty and Limitation of Liabilities
MATERIALS PROVIDED ON SITE ARE DESIGNED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. MATERIALS PUBLISHED ON SITE COULD INCLUDE TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS. MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. NRHA MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE MATERIALS PUBLISHED ON SITE FOR ANY PURPOSE. YOU ASSUME THE ENTIRE RISK OF LOSS IN USING THE MATERIALS AND THE INTERNET GENERALLY. NRHA HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
UNDER NO CIRCUMSTANCES WILL THE NRHA BE LIABLE IN ANY WAY FOR ANY MATERIALS, INCLUDING, BUT NOT LIMITED TO, FOR ANY ERRORS OR OMISSIONS IN ANY MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS UPLOADED VIA THE SITE. IN NO EVENT SHALL NRHA AND/OR ITS LICENSORS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS OR THE INABILITY TO USE DATA, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE MATERIALS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR ANY OTHER INFORMATION AVAILABLE FROM SITE.
IF DISCLAIMER OF WARRANTIES OR LIMITATION OF LIABILITY SET FORTH WITHIN IS HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT NRHA’S LIABILITY SHALL NOT EXCEED TWENTY U.S. DOLLARS.
Local Law and Other
The laws of the State of Indiana shall govern this Agreement.
You agree to comply with all applicable laws in using this service or the information contained herein. The NRHA is located in the United States of America and the Site is intended for the exclusive use of residents of the USA. Access this site from outside the USA at your own risk. You are responsible for compliance with your local laws.
You acknowledge that the NRHA reserves the right to change these general practices and limits at any time, in its sole discretion, without notice. Continued use of Site constitutes your agreement to be bound by any change or modifications to terms and conditions.
You may not assign any part of this Agreement without NRHA’s prior written consent.
If any provision of this Agreement is declared invalid or unenforceable, the remaining provisions of this Agreement shall remain in full effect.
Last Updated: Thursday, July 28, 2011