Acceptance of Terms
THESE TERMS INCLUDE AN AGREEMENT TO SUBMIT ALL DISPUTES TO INDIVIDUAL MANDATORY ARBITRATION — PLEASE READ CAREFULLY.
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.
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.
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.
Confidentiality of Communications
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).
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.
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.
Changes to Sites
Changes to the Sites. We may modify or discontinue the Sites and its Contents at any time, in our sole discretion.
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 email@example.com. 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.