THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS") GOVERN YOUR USE OF THIS SITE ON THE WORLD WIDE WEB. THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND NPC (“WE” “US”) AND GOVERN YOUR ACCESS TO, AND USE OF THE NPC WEBSITE LOCATED AT WWW.NEWPROGRESSIVECOALITION.COM (THE “SITE”). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE AND/OR THE SERVICES OR ANY INFORMATION CONTAINED ON THE SITE. YOUR USE OF THIS SITE AND/OR THE SERVICES ON THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. NPC MAY MAKE CHANGES TO THE SERVICES OFFERED ON THIS SITE, AT ANY TIME BY POSTING UPDATED TERMS OF USE ON THIS SITE AND IF YOU ARE A REGISTERED USER OF THE SITE, NPC MAY SEND YOU AN EMAIL OF THE CHANGE. YOUR CONTINUED USE OF THIS SITE AFTER SUCH CHANGES HAVE BEEN POSTED MEANS THAT YOU AGREE TO THE NEW TERMS, EVEN IF YOU HAVE NOT REVIEWED THE CHANGES. THEREFORE, YOU SHOULD CHECK THE TERMS OF USE POSTED ON THE SITE PERIODICALLY FOR UPDATES AND CHANGES.
NPC provides content and other services through the Site. All information, documents, products and services provided on and through the Site, including, without limitation, analysis and scores of organizations, content, trademarks, logos, graphics and images (together, the “Materials”) are provided to you by NPC and are the copyrighted work of NPC or NPC’s contributors.
NPC grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and use the services and the Site solely for your personal use if you are an individual and solely for your internal business use if you are an organization or agent of your organization. You acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, alter, enhance, distribute or in any way exploit any of the Materials in any manner without first obtaining NPC's prior written consent. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon such termination of this limited license, you agree to immediately destroy any downloaded or printed Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to the Site or any Materials on any legal basis.
Certain areas of the Site may be password-restricted to authorized users that become members (“Restricted Areas”). If you are an authorized member of the Restricted Areas, you are responsible for maintaining the confidentiality of your password and account, and agree to notify NPC if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for activities that occur under your account. You agree to immediately notify NPC of any unauthorized use of your account or any other breach of security in relation to the Site known to you. You will not use other members’ contact information gathered from Restricted Areas of the Site for commercial or political purposes without permission and agree not to provide the Site directory or any other member’s contact information to any third party that is not a registered member of NPC.
You will pay all fees or charges to your account based on NPC’s fees, charges, and billing terms in effect as shown in the join section. You must provide NPC with a valid credit card as a condition to signing up for an account. You are responsible for paying any taxes that may apply. If you do not pay on time or if NPC cannot charge your credit card for any reason, NPC reserves the right to either suspend or terminate your access to the Site and account and terminate these Terms. If you cancel your account at any time, you will not receive any refund. If you have a balance due on any account, you agree that NPC may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees.
Your use of the Site is governed by the NPC Privacy Policy (the “Privacy Policy”).
Certain information and content on the Site may be owned by third parties (“Third Party Content”). The Third Party Content is the copyrighted work of the creator/licensor. You acknowledge and agree that you have no right to download, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner. You agree to only display the Third Party Content on your personal computing device (for example, personal computers and personal digital assistants) for your personal or internal business use. NPC DOES NOT PROVIDE ANY EXPRESS, IMPLIED OR STATUTORY WARRANTIES REGARDING THE THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
This Site may be linked to other sites that are not NPC Sites (for example, sites of the member organizations). NPC is providing these links to you only as a convenience, and NPC is not responsible for the content or links displayed on such sites.
You are responsible for the information, logos, organization profile information, and other material that you submit (each a “Submission”) through this Site, and you, and not NPC, will have full responsibility for each Submission. Unless otherwise explicitly noted in these Terms or in the NPC Privacy Policy, any Submission provided by you in connection with this Site outside of the Restricted Areas is provided on a non-confidential basis. You agree that NPC shall be free to use a Submission that is posted outside the Restricted Areas on an unrestricted basis for any purpose. If you submit information to the Site, you grant NPC a nonexclusive, worldwide, royalty-free license to (in any media now known or not currently known or invented) link to, utilize, use, copy, exploit, and prepare derivative works of the Submission. No information you submit shall be considered confidential; provided, that NPC will use your information according to NPC’s Privacy Policy. YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS IN ANY SUBMISSIONS YOU SUBMIT TO NPC. You may not upload, post or otherwise make available on the Site any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right. You are liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any Submission.
If you are part of an organization seeking donations through NPC, you represent and warrant that the proposal and profile information you are submitting is accurate and does not contain any misrepresentations. Your organization agrees to indemnify, defend and hold harmless, NPC for any breach of the foregoing representations. If you are part of an organization and do not submit a complete profile to NPC, you acknowledge and agree that NPC may complete your profile with publicly available information, including, without limitation, your corporate logo. You hereby grant NPC a license to use such profile information that NPC supplements as a Submission as set forth above; provided, that with respect to any profile information (whether submitted by you as a Submission or by NPC on your behalf), NPC will comply with your trademark usage guidelines, if any, that you include in your profile and all goodwill will inure to your benefit.
If you are making a donation to an organization, you agree that NPC is not providing tax advice to you and that you are expected to rely on your own tax advisor as to any tax consequences of your donation to organizations.
NPC asks that you respect our on-line community and other individuals. When posting Submissions to or otherwise using the Site and/or the services, you agree not to:
This list of prohibitions is an example and is not complete or exclusive. These prohibitions do not require NPC to monitor or remove any Submissions or other information submitted by you or any other user. NPC reserves the right to terminate your access to the Site or the services for any action that NPC determines is inappropriate or disruptive to the Site, services or to any other user of the Site and/or services. NPC may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When requested, NPC will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Internet.
Submissions and unauthorized use of any Materials or Third Party Content contained on this Site may violate certain laws and regulations. You shall indemnify and hold NPC and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees) NPC or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Site or the use of the Site by any person using your user name and/or password (including without limitation your participation in the posting areas or your Submissions) violates any applicable law or regulation, or the rights of any third party.
NPC is a registered trademarks of NPC in the United States. All other trademarks, names and logos on this Site are the property of their respective owners.
All information and screens appearing on this Site including documents, services, Site design, text, graphics, logos, images and icons, as well as their placement on or in the Site, are the sole property of NPC, Copyright ©2006 NPC unless otherwise specified. All rights are reserved. Except as otherwise required by law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.
NPC respects the intellectual property of others, and we ask you to do the same. NPC may, in appropriate circumstances and at our discretion, terminate service and/or access to the Site or Restricted Areas of the Site to users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and appears on our Site, please provide NPC’s copyright agent the following information:
NPC
Licorice Square
77 Federal Street, Ground Floor
San Francisco, CA 94107
(415) 593-7111
Your use of this Site and/or the services is at your own risk. Neither the Materials nor the Third Party Content have been verified or authenticated in whole or in part by NPC, and they may include inaccuracies or typographical errors. NPC does not warrant the accuracy of timeliness of the Materials or the Third Party Content contained on this Site. NPC has no liability for any errors or omissions in the Materials and/or the Third Party Content, whether provided by NPC or our licensors.
NPC, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SITE, THE SERVICES OR ANY MATERIALS OR THIRD PARTY CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS, THE THIRD PARTY CONTENT AND THE SUBMISSIONS OF OTHER VISITORS TO THE SITE. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, THE SERVICES, MATERIALS, THIRD PARTY CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
NPC SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIAL ON THE SITE OR RELATING TO YOUR SUBMISSIONS. IN NO EVENT SHALL NPC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING EVEN IF NPC KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
NPC controls and operates this Site from its headquarters in the United States of America and the Materials may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws.
If you violate these Terms, NPC may terminate your access to the Site or Restricted Areas without notice. NPC prefers to advise you of your inappropriate behavior and recommend any necessary corrective action. However, certain violations of these Terms, as determined by NPC, will result in immediate termination of your access to the Site or Restricted Areas. NPC has the right to terminate any password-restricted account for any reason. California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Any disputes relating to these Terms or the Site will be heard in the courts located in San Mateo County, State of California. If any of these Terms is found to be inconsistent with applicable to law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. NPC’s failure to enforce any of these Terms is not a waiver of such term. The Terms are the entire agreement between you and NPC and supersede all prior or contemporaneous negotiations, discussions or agreements between you and NPC about the Site.
Terms of Use last updated: November 19, 2007.
Terms of Use effective as of: October 5, 2006.
