We, The NHP Foundation and our subsidiaries operate the websites, mobile applications, and social media pages (collectively “Sites” and each a “Site”) that link here. We require that all users of our Sites adhere to these Terms of Use. When accessing any electronic content, functionality, features and applications (collectively, “Content”) offered on or through the Sites, all users shall be subject to any posted guidelines or rules applicable to such Content that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.
ACCEPTANCE OF TERMS
By using our Sites, you agree to be bound by these Terms of Use. If you do not agree to the Terms, do not use the Sites. Your sole remedy for dissatisfaction with our Sites, Content or other information available on or through our Sites, is to stop using the Sites. You will still be bound by the Terms as they existed when you last used the Sites.
These terms include an agreement to submit all disputes to individual mandatory arbitration — please read carefully.
These Terms of Use are effective as of the date posted at the top of the page. We reserve the right to change these Terms of Use at any time. You acknowledge that it is your responsibility to review the Sites and these Terms of Use periodically and to be aware of any modifications. Your continued use of the Sites after such modifications will constitute your acknowledgement of the modified terms and agreement to abide by the modified Terms of Use.
As used in these Terms of Use, references to our “Subsidiaries” include our owners, affiliated companies, officers, directors, suppliers, partners, sponsors, and includes (without limitation) all parties involved in creating, producing, and/or delivering our Sites and/or Contents.
RULES OF CONDUCT
Your Responsibilities. All information you provide or provided to us must be true, accurate, and complete and you agree to update your information as necessary to maintain its truth and accuracy. You are solely responsible for your interaction with other users of the Sites, whether online or offline. You agree that we are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Please exercise common sense and your best judgment when interacting with others, including when you submit any personal or other types of information to us.
Follow the Law. Your use of the Sites is subject to all applicable laws, rules and regulations and you are solely responsible for the contents of your communications through the Sites.
Respect Others. Do not use the Sites to harass, stalk, threaten or otherwise violate the legal rights of others. Do not impersonate someone else. Do not disrupt the operation of the Sites, or interfere with anyone else’s use and enjoyment of the Sites. We reserve the right at their sole discretion to remove any content that, in our judgment, does not comply with these Terms of Use or is otherwise harmful, objectionable, or inaccurate.
Indemnity. You agree to defend, indemnify and hold harmless us, and our directors, officers, employees, agents, Affiliates, and representatives, from and against all claims, losses, costs and expenses (including without limitation attorneys’ fees) arising out of (a) your use of, or activities in connection with, the Sites, (b) any violation of these Terms; and (c) any allegation that any information you make available or create through or in connection with the Sites infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party.
Termination. We may at any time, and at our sole discretion, terminate your access to the Sites without prior notice to you for violating any of the above provisions. We may immediately deactivate or delete all related information and files.
DISCLAIMER AND LIMITATION OF LIABILITY
Disclaimer. The sites and all content, including text, images, and software are provided on an ‘as is’ basis without any warranties of any kind, whether express, implied or statutory. You agree that you must evaluate, and that you bear, all risks associated with, the use of the sites, including without limitation any reliance on the accuracy, completeness or usefulness of any content available through or in connection with the sites.
Limitation of Liability. We shall not be responsible or liable for your use of the Sites, or for the conduct of third parties on or relating to the Sites. We do not warrant that the Sites or Content will be uninterrupted or error free, that defects will be corrected, or that our servers are free of viruses or other harmful components through use or downloading material from the Sites. We recognize that some laws provide consumers specific rights and remedies and prohibit waiver of the same. Except with respect to such laws, you waive all damages under any cause of action other than actual damage for out-of-pocket loss. For example, except with respect to such laws, you waive nominal damages, liquidated damages, statutory damages, consequential damages, presumed damages, as well as the imposition of costs and attorney’s fees.
DISPUTE RESOLUTION TERMS
Mandatory Arbitration. You agree that any Dispute between us shall be resolved exclusively in individual (non-class) arbitration. The parties intend to be bound to the Federal Arbitration Act, 9 U.S.C. § 1 et seq. An arbitration means there will be no jury, and no judge.
Choice of Arbitrator and Rules. Any disputes, claims, and causes of action arising out of or relating to your use of the Sites (each, a “Dispute”), must be submitted exclusively to the American Arbitration Association (AAA) to be heard under their Consumer Arbitration Rules. If for any reason, AAA is unable or unwilling to conduct the arbitration consistent with these terms, you and we will pick another arbitrator pursuant to 9 U.S.C. § 5.
Exception to Arbitration. Disputes that can be fully resolved in small claims court need not be submitted to arbitration.
Governing Law. These Terms and your use of the Sites are governed by the laws of the District of Columbia without regard to its choice of law provisions. However, any determination as to whether the Dispute is subject to arbitration, or as to the conduct of the arbitration, shall be governed exclusively by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. You agree that any Disputes shall be heard exclusively in Washington, DC, unless otherwise agreed to by the Parties or determined by the arbitrator. You consent to jurisdiction in the District of Columbia for all purposes.
Class Action Waiver. You agree that any Dispute shall be resolved in an individual action. Under no circumstances will you file, seek, or participate in a class action, mass action, or representative action in connection with a Dispute.
Remedies Available in Arbitration. The arbitrator may grant any remedy, relief, or outcome that the parties could have received in court, including awards of attorney’s fees and costs, in accordance with the law(s) that applies to the case, except injunctive relief. The arbitrator may not issue any injunction. If either party in a Dispute seeks injunctive relief, the arbitrator will complete arbitration of the Dispute, issue an award of monetary compensation (if any), and then the party seeking injunctive relief may file a new action in state or federal court in the District of Columbia, solely for injunctive relief. The findings of fact and conclusions of law of the arbitrator shall not be submitted as evidence or constitute precedent in this subsequent suit.
DATA PROTECTION
Security. We maintain safeguards to protect the integrity and security of the Sites. However, we cannot guarantee that the Sites will be secure, complete or correct, or that access to the Sites will remain uninterrupted.
Third Party Websites. You also grant us the right to disclose to third parties certain information about you when you use our Sites. The information we obtain through your use of the Sites is subject to our Privacy Policy, which is incorporated by reference into these Terms of Use.
Personal Information. Any personal information you submit on or through the Sites is governed by The NHP Foundation Privacy Policy, available here: The NHP Foundation Privacy Policy.
Additional Communications. Any other information you submit on or through the Sites will be treated as non-confidential and non-proprietary. This includes information submitted directly or indirectly (for example, through a use on a third-party social media site using a hashtag we promote).
THIRD-PARTY CONTENT
Sites Linked From The Sites. The Sites may contain links to or may frame third-party sites, applications and platforms and may contain or link to third party information, materials, communications or other content. These links are provided for your convenience only, and your use of third-party sites is subject to the policies of those third parties. Links to third-party sites are governed by the NHP Foundation Privacy Policy, available here: The NHP Foundation Privacy Policy.
Sites Linking To the Sites. You may link to our Sites, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
INTELLECTUAL PROPERTY
The Sites and their Contents, including all trademarks, service marks, and graphical elements, are our sole property unless otherwise expressly noted and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. The Sites and their Contents may also contain various third-party names, trademarks, and service marks that are the property of their respective owners.
We grant you a limited, non-exclusive, non-sublicensable, non-transferable, revocable license to access and use the Sites for lawful purposes in accordance with our Terms and Privacy Policy. This license is terminable at any time, and does not grant you any additional rights with respect to the Sites or their Contents. Except as provided herein or with our express prior written permission, none of the information and Content provided by the Sites may be copied, displayed, distributed, downloaded, licensed, modified, published, re-posted, reproduced, reused, sold, transmitted, used to create a derivative work or otherwise used for public or commercial purposes.
CHANGES TO SITES
Changes to the Sites. We may modify or discontinue the Sites and its Contents at any time, in our sole discretion.
MISCELLANEOUS
Evidence. You agree that a printed version of these Terms and of any notice given in electronic form, including by posting to the Sites, shall be admissible in judicial or administrative proceedings based upon or relating to these Terms.
Force Majeure. We will not be responsible for any failure to fulfill any obligation due to any cause beyond our control.
TCPA Disclaimer. By providing your mobile phone number on our Sites and checking the optional box to receive occasional text messages, you expressly opt-in and provide consent to receive text messages about NHPF and/or our mission. Message and data rates may apply. Message frequency varies depending on activity. You may opt out from these text message communications by replying “STOP” to any message.
Contact Information. If you have a questions, comments or complaints regarding the Sites, please send an e-mail to info@nhpfoundation.org. You may also contact us by writing to The NHP Foundation, 1090 Vermont Avenue NW, Suite 400, Washington, DC 20005, or by calling us at 1 (202) 789-5300.
