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TechAtlas is to be used for the assistance of nonprofit organizations.
We poured months of staff time into making TechAtlas as useful as humanly possible. But we might have made
mistakes or choices that don't work for you. We aren't liable for
the quality, performance, or use of this site and its information.
We respect your privacy (privacy
statement), but we can't
verify the privacy practices of other sites to which we link.
Partner Program (Click here for
more information on the Partner Program)
Partners are typically organizations or
individuals you turn to for technology assistance of some kind. Anyone can become a Partner
but only you get to select and delete your Partners.
Partners can read and edit your data in accordance to TechAtlas's
Terms below and our Privacy Statement. At no time are
we responsible for the actions of any Partners you select directly
or indirectly.
We've tried to offer the most helpful
information available, but no website is the same as a real live
information technology professional at your elbow.
Terms
of Use: Our Lawyer's Version
1. Agreement to Terms
NPower, including its TechAtlas
project, provides access and use of this site ("Site")
subject to your agreement to the following "Terms of Use"
(the "Terms"). Please read these Terms carefully before
accessing or using the Site. By accessing or using the Site, you
agree to be bound by these Terms.
The Terms, as well as the Site (and information
contained within the Site) may be updated or revised from time to
time without notice to you. You agree to periodically review these
Terms, and your continued access to or use of the Site shall
constitute your acceptance of the updated or revised Terms.
2. Contact Information
If asked to provide your email address during
your use of the site, please provide an accurate and complete email address.
3. Use of Information and Services.
Third parties (including Partners) may provide
certain information displayed on the Site. Although NPower believes that such information comes from trustworthy
sources, the third-party information is not sponsored, endorsed,
recommended, or licensed by NPower. You should
directly contact the third parties and/or their references for the
most accurate information.
4. Advice.
Neither NPower, Partners, or users are engaged in giving legal, medical,
counseling or other professional services or advice in this Site.
The information and recommendations provided by TechAtlas do not
constitute the rendering of professional advice or services. As
such, information on this website should not be relied upon or used
as a substitute for consultation with professional advisors.
5. No Liability.
Under no circumstances will NPower be liable for any consequence
relating directly or indirectly to any action or inaction you take
based on the information, services or other material on the Site.
While NPower will attempt to keep its Site current, accurate, and
complete, NPower and Partners cannot guarantee, and will not be responsible for any
damage or loss related to, the timeliness, accuracy, or completeness
of the information, services, or other material on the Site.
6. Site Conduct.
When using the Site, you agree to abide by the following rules:
(a) you may not post or transmit content (information, data, text,
software, graphics, sound, photographs, video, messages, etc.)
("Content") that is unlawful, harassing, libelous, defamatory,
obscene, fraudulent, harmful, threatening, abusive, hateful, that
violates the property rights of others (including without limitation
infringing use of a copyright or trademark), that violates the
privacy or publicity right of others, or is otherwise objectionable; (b) you may not interfere
with other users' use of the Site; (c) you may not use the Site to
conduct any activity that is illegal or that violates the rights of
others; (d) you may not use the Site to advertise or sell products
or services to others; (e) you may not impersonate any person or
entity, or falsely state or otherwise misrepresent your affiliation
with a person or entity; (f) you may not post or transmit Content
that you do not have a right to transmit under any law or under
contractual or fiduciary relationships (such as inside information,
confidential information, etc.); (g) you may not post Content to the
Site unless the Content is freely owned by you or used with the
permission of all other persons with any rights in the Content; and
(h) you may not use the Site to collect or store personal data about
other users.
7. Removal of Content.
NPower does not conduct a prior review of Content posted by any
party other than NPower and
has no responsibility for Content posted by any party other than
NPower to the Site. However, NPower
reserves the right in their sole discretion to delete any Content
submitted to or appearing on the Site. NPower is not responsible for
the accuracy of any messages or postings on the Site. If you believe
that any Content posted on the Site is infringing, defamatory or
otherwise violates the letter or spirit of these Terms, please
contact NPower immediately.
9. Internet Links.
The Site may provide, or third parties may provide, links to
other Internet sites. NPower has no control over such sites; NPower does
not endorse, and is not responsible for, any such sites or the
information, material, products or services contained on or
accessible through those sites. You acknowledge that NPower 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 or reliance
upon any such information, material, products, or services.
10. Third Parties.
Your correspondence or business transactions with, or
participation in promotions of, third parties found on, or
e-commerce through, the Site and any other terms, conditions,
warranties or representations associated with such dealings, are
solely between you and such third party. You agree that NPower shall not be responsible or liable for any loss or damage
of any sort incurred as the result of any such transactions or as
the result of the presence of such third parties on the Site.
11. Indemnification.
You agree to indemnify, defend and hold
harmless NPower, their affiliates, governing board,
officers, agents, employees, volunteers, partners, and suppliers
from any liability, loss, claim, demand, and expense (including
reasonable attorneys' fees) related to (a) your use of the Site; (b)
your violation of these Terms; or (c) your posting of Content to the
Site.
12. Modifications to Site.
NPower reserves the right to,
from time to time, discontinue, temporarily or permanently, the
information, services, products, and/or other Content on the Site
with or without notice.
13. Use and Storage of Content on the Site
NPower may establish general
practices and limits concerning the use of the Site, including
without limitation, the maximum number of days that Content will be
available on, or retained by, the Site. NPower, in
their sole discretion, reserves the right to change these general
practices and limits at any time.
14. Ownership of Content.
All information on the Site, as well as the organization and
layout of the site, other than Content posted by you, is owned and
copyrighted by NPower or their suppliers or other Site users. Except as expressly authorized by
NPower, you may not copy, distribute, resell, display,
sublicense or create derivative works based on any such information
from the Site, in whole or in part.
15. Disclaimer of Warranty.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THIS SITE, AND ALL
INFORMATION AND CONTENT ON THE SITE, IS PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS. NPOWER AND THEIR INFORMATION SUPPLIERS DISCLAIM ALL EXPRESS AND
IMPLIED WARRANTIES WITH REGARD TO THE SITE AND ALL INFORMATION,
SERVICES, AND MATERIALS CONTAINED ON THE SITE, INCLUDING WITHOUT
LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
NPOWER MAKES NO WARRANTY THAT:
(a) THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE RESULTS THAT
MAY BE OBTAINED FROM THE SITE WILL BE SATISFACTORY; (b) THE SITE
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) THE
QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR
EXPECTATIONS, AND; (d) ANY ERRORS IN THE SITE WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU FROM NPOWER OR THROUGH THE
SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
16. Limitation of Liability.
IN NO EVENT SHALL NPOWER, THEIR
AFFILIATES, GOVERNING BOARD, OFFICERS, AGENTS, EMPLOYEES,
VOLUNTEERS, PARTNERS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL,
INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES,
OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, BUSINESS, DATA
OR PROFITS, LITIGATION AND THE LIKE, WHETHER BASED ON BREACH OF
CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR
OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITH
RESPECT TO GOODS OR SERVICES PURCHASED DIRECTLY FROM NPOWER THROUGH THE SITE, NPOWER'S LIABILITY, IN ANY
CASE, IS EXPRESSLY LIMITED TO REPLACEMENT OF DEFECTIVE GOODS, OR, AT
NPOWER'S ELECTION, TO THE REPAYMENT OR CREDITING TO YOU OF AN AMOUNT
EQUAL TO THE PURCHASE PRICE OF THE GOODS. YOU ACKNOWLEDGE AND AGREE
THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF
THESE TERMS OF USE AND THE SITE WOULD NOT BE PROVIDED TO YOU ABSENT
SUCH LIMITATIONS. If any jurisdictions do not allow the foregoing
limitations of liability, the foregoing limitations may not apply to
you.
17. Termination.
NPower may, in their sole
discretion, with or without notice, suspend or terminate your use of
this Site, and remove and discard any Content on the Site, for any
reason, including, without limitation if you violate these Terms.
NPower may also bar you from any future access to the Site. NPower will not be liable to you for any such
suspension, termination or prohibition on future access.
Should you object to any subsequent modifications of the terms
and conditions of these Terms, your sole recourse will be to
immediately notify NPower in
writing of your termination of these Terms, which termination will
be effective immediately. Your content will be provided to you
within 30 days of your termination. To the extent permitted by
applicable law, the terms and conditions of these Terms will survive
any termination of these Terms.
20. Notices.
Any notices to you by NPower may
be made by either email or regular mail.
21. General Provisions.
These Terms constitute the entire agreement between you and
NPower and govern your use of the Site, superceding any prior
agreements between you and NPower regarding the Site (including, but not limited to, any
prior versions of these Terms and/or existing agreements with other
third parties and partners).
These Terms and the resolution of any dispute
related to these Terms or the Site shall be governed by and
construed in accordance with the laws of the State of Washington,
without giving effect to any principles of conflicts of law.
NPower's failure to insist upon strict enforcement of any provision
of these Terms shall not be construed as a waiver of any provision
or right. If any provision of these Terms is held to be invalid or
unenforceable, the remaining provisions of these Terms will be
enforced in accordance with their terms. The section headings in
these Terms are for convenience only and have no legal or
contractual effect.
Regardless of any statute or law to the contrary, you hereby
waive your right to bring any claim against NPower more than 1 year after such claim first arose.
22. Arbitration.
Any controversy or claim arising out of or relating to these
Terms will be settled by binding arbitration in accordance with the
commercial arbitration rules of the American Arbitration
Association. Any such controversy or claim will be arbitrated on an
individual basis, and will not be consolidated in any arbitration
with any claim or controversy of any other party. You consent to the
arbitration being conducted in the county of King, Washington.
Judgment on the arbitration award may be entered in any court having
jurisdiction thereof. Either you or NPower may seek any interim or
preliminary equitable relief from a court of competent jurisdiction
in the county of King, Washington, necessary to protect the rights
or property of you or NPower pending the completion of arbitration.
(Special thanks to TechSoup.org
for sharing
copyright, terms of use, and privacy language.)
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