CONDITIONS OF USE FOR THIS INTERNET SITE
PLEASE READ THE FOLLOWING CONDITIONS OF USE CAREFULLY BEFORE USING NFPT’S INTERNET SITES. ANY FAILURE ON YOUR PART TO COMPLY WITH THESE CONDITIONS OF USE MAY LEAD TO THE CANCELLATION OF YOUR ACCOUNT AND THE RELATED PRIVILEGES.
1. ACCEPTANCE OF CONDITIONS OF USE
1.1. By using one of NFPT’s Internet sites, you acknowledge having read and understood these conditions of use and, accordingly, you agree to abide by them as well as any future modifications which may be made. These conditions of use represent an agreement between you and NFPT.
1.2. These conditions of use may be subject to change, addition or deletion at any time. Any such change will be posted on this page. Also, if we make major changes in our current conditions of use, they will be posted at least thirty (30) days prior to their coming into force and users who have forwarded their e-mail addresses to us will be notified directly thereof by electronic mail. Please refer to these conditions of use regularly in case any changes are made to them.
1.3. If you do not agree to be bound by these conditions of use, you should not use NFPT’s Internet sites. In addition, should you consider any future amendments made to these conditions of use to be unacceptable, you can cancel your account with us at any time.
2.1. NFPT operates its Internet sites from its offices in Lafayette, Indiana within the United States. NFPT does not make any representation to the effect that all items on its Internet sites may be used in other locations. People who access NFPT’s Internet sites do so at their own initiative and are responsible for complying with all laws applicable to them.
2.2. By using NFPT’s Internet sites, you acknowledge and agree that these conditions of use are governed by laws applicable in the State of Indiana and that any litigation ensuing from, or related to, the use of NFPT’s Internet sites and services will be subject to the jurisdiction of the Courts of the State of Indiana.
3. CHANGES IN INTERNET SITES
3.1. NFPT may modify, cancel or terminate any item contained in its Internet sites, at any time, including the availability of any function, database or content. NFPT may also impose limits on certain items or restrict the access to certain sections of its Internet sites without prior notice and without incurring its liability.
4. PERSONAL USE
4.1. All the items contained in NFPT’s Internet sites are offered for your personal use for non-commercial purposes. It is prohibited to use the items contained in NFPT’s Internet sites for commercial or advertising purposes without the written consent of NFPT.
5. REGISTRATION AND SECURITY
5.1. When you register, you must select a password and a user name. You cannot (i) choose or use someone’s password with the intention of pretending to be that person; (ii) use a password in which someone else has rights, without that person’s authorization; or (iii) use a password or a user name that NFPT, at its sole discretion, considers offensive.
5.2. You are responsible for maintaining the confidentiality of your password and user name. You should notify NFPT as soon as possible by e-mail () about any known or suspected use of your account or of any known or suspected breach of security.
5.3. You are responsible for any use of your accounts on NFPT’s Internet sites. NFPT cannot be held liable for the unauthorized use of your account or for any loss or damage arising in particular from the non-compliance with the security measures mentioned in this section.
6. FEES AND PAYMENTS
6.1. NFPT reserves the right to charge fees for future access to its Internet sites, or any section thereof. If NFPT should charge new fees for access to any section of its Internet sites, it will notify you in advance in case you would like to close your account.
7. CHAT ROOMS AND BULLETIN BOARDS
7.1. Since any communications which are part of chat rooms and bulletin boards are public and not private, you should abide by the rules set forth below:
7.1.1. Use polite language. Objectionable or offensive language will not be tolerated at any time. In addition, no one may keep or submit defamatory, obscene, torturous, pornographic, abusive or otherwise illegal content.
7.1.2. Be courteous. No one may make threats or incite anyone else to violence or hatred. It is also prohibited to deliberately disturb any discussion with repetitive messages, unfounded messages or spamming.
7.1.3. Discuss but do not attack. In an open discussion where there are many different opinions, people often disagree. NFPT encourages lively discussions and debates in its chat rooms. Moreover, personal attacks are a breach of these conditions of use.
7.1.4. No one should use chat rooms or bulletin boards to promote or offer for sale any good or service for a commercial purpose, or conduct or send any study, contest, pyramid scheme or chain letters, spamming, or to engage in any hacking, solicitation or any other act for illegal purposes. Any acts which may infringe other people’s rights or their enjoyment of the chat rooms or bulletin boards are also prohibited.
7.2. You declare that you have all the necessary rights, in particular, intellectual property rights, to any material that you submit as a user to NFPT.
7.3. You acknowledge and agree that you remain the holder of the copyright of all material you submit as a user to NFPT (e.g. letter to the editor, comments, etc.). Moreover, you acknowledge and agree that by simply submitting your material to NFPT, you grant it a non-exclusive licence, without any compensation whatsoever to you, to use, edit, modify, delete, reproduce, publish, distribute and give sub-licences to such materials. To this effect, you waive any moral right you may assert related to the integrity of your work.
7.4. You acknowledge and agree that you are personally liable for the content of your messages to chat rooms or bulletin boards on NFPT’s Internet sites, and for the consequences thereof.
7.5. NFPT reserves the right, at its sole discretion, not to publish or to withdraw any materials transmitted by a user on any of its Internet sites. In addition, this remains an option and not an obligation.
7.6. NFPT, Inc. does not make any declaration concerning the control over the material available on its Internet sites. NFPT is not and may not be held liable for the accuracy, legality or the compliance with the intellectual property rules or with the conditions of use of any materials provided by its users.
8.1. NFPT’s sites contain hyperlinks to Internet sites managed by third parties. By activating these links, you may have to leave NFPT’s sites. NFPT has no control over Internet sites owned by third parties. These sites are managed entirely by third parties and NFPT cannot make any declaration whatsoever concerning the quality or overall content thereof nor regarding the quality of the products offered or the security of performing transactions on the sites in question. The fact that third party sites are identified on NFPT’s Internet sites should not in any way be interpreted as an endorsement by NFPT and does not incur its liability in any way. NFPT cannot be held liable for possible damages arising from the use of these sites. All complaints about third party sites should be addressed to the administrators of those sites.
9. INTELLECTUAL PROPERTY
9.1. The trademarks and logos used or posted on NFPT’s Internet sites are trademarks and logos registered or not by NFPT or third parties. Nothing on NFPT’s Internet sites may be interpreted in such a way as to allow, directly or indirectly, the use of such trademarks or logos without the prior written permission of their owner. Without limiting the generality of the foregoing, it is prohibited to reproduce the trademarks and logos displayed on NFPT’s Internet sites for commercial or advertising purposes or to increase the number of visitors to your site.
9.2. All the items on NFPT’s Internet sites (including, without limitation, the texts, articles, photographs, images, illustrations, audio and video excerpts, software, etc.) are protected by copyright and belong to NFPT or third parties acting as content providers. Except for certain clearly stated exceptions, no items on NFPT’s Internet sites must be interpreted as giving you any right whatsoever with regard to the intellectual property of NFPT or of a third party acting as a content provider.
9.3. Subject to section 9.3 hereof, you may not copy, reproduce, modify, publish, distribute or participate in the transfer or sale of, or create derivative works from, translate, download, grant under licence, or in any other way exploit, any item offered on NFPT’s Internet sites (including any software), in whole or in part.
9.4. You can download or copy only for your personal use for non-commercial purposes items from NFPT’s Internet sites provided you maintain all the intellectual property notices they contain. Copying or memorizing any item for purposes other than personal use is strictly forbidden without the prior written permission of NFPT or the holder of the copyrights identified in the notice of intellectual property.
10.1. You hearby agree to indemnify, defend and hold NFPT, its directors, officers, senior executives, shareholders, employees, affiliated businesses, representatives and content providers (collectively referred to as “NFPT”) harmless from and against any and all monetary condemnation in principal, interest, legal and extrajudicial costs and any other damages, including but without limitation, all reasonable legal costs incurred by NFPT related to any claim, proceeding, action or stay (“Claim”) ensuing from the non-compliance, by you or any other user of your account, with these Conditions of Use. NFPT reserves the right to participate in the defense of any such Claim and to be represented by an attorney of its choice.
11. DISCLAIMER OF WARRANTIES
11.1. NFPT’s Internet sites and the items they contain are offered to you on an “as is” basis and at no charge by NFPT, without warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose, use, availability, validity, accuracy, reliability of the items reproduced on said sites or as to the results ensuing from the use of such items. Without limiting the generality of the foregoing, NFPT makes no representations about the comprehensive nature of the results of your searches conducted on its Internet sites. You hereby acknowledge and agree that your use of NFPT’s Internet sites is at your own risk.
11.2. NFPT makes no representation related to the accuracy or reliability of, nor does it endorse, any opinion, declaration or other information published or distributed on its Internet sites by any user, content provider or other person.
12 DISCLAIMER OF LIABILITY
12.1 Notwithstanding the medical or physical condition of each user of the information contained on NFPT’s Internet sites, all responsibility and liability is hereby disclaimed by NFPT for any loss or damage suffered by any person as a result of the use or misuse of any of the information or content of the sites or the reliance on the information provided in the sites, and any and all liability for actual, incidental, and consequential damages is hereby expressly excluded. Not all of the information contained on NFPT’s Internet sites is suitable to everyone, and to reduce the risk of personal injury, all persons should consult their doctor before beginning an exercise program. The information, instruction, and advise contained on NFPT’s Internet sites is in no way intended as a substitute for medical care or counseling.
12.2 NFPT disclaims all liability related to any error which may be found on its Internet sites. Thus, NFPT and any third party providing content on NFPT’s Internet sites, their related companies, officers, employees, representatives or agents cannot in any way be held liable for any damage related directly or indirectly to the use of NFPT’s Internet sites, in particular, the loss of data or profits ensuing from the use of items on said sites, errors or omissions contained in the items or the inability to use such items.
13.1. NFPT can, at its sole discretion, cancel or suspend your account to its Internet sites in whole or in part for any reason, including, without limitation, the non-compliance with these conditions of use.
14. HOW TO CONTACT US ABOUT THIS POLICY
14.1. Should you have a claim related to a copyright infringement of any of the materials contained in nfpt.com or for any other correspondence, please call the tech department at (800) 729-6378.