NAPGCM Website Terms of Use

These Terms of Use (“Terms”) govern Your use of this website. By accessing this website, You (“You” or “Your”) are indicating Your acknowledgment and acceptance of these Terms. These Terms are subject to change by NAPGCM at any time at its discretion. Your use of this website after such changes are implemented constitutes Your acknowledgment and acceptance of the changes.

Proprietary Information

This website and all content on this website are proprietary to NAPGCM, and NAPGCM retains all right, title, and interest in and to the same. Accordingly, this website and the content may not be copied, distributed, printed, republished, downloaded, or transmitted in any way without the prior written consent of NAPGCM, except as otherwise expressly stated. Modification or use of the content except as expressly provided in these Terms violates NAPGCM’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site.

Access to This Site

NAPGCM reserves the right to refuse to any person access to this site or any of its resources, and to terminate or suspend any person’s access at any time.

Restrictions On Use

You may use this site for purposes expressly permitted by this site. You may not use this site for any other purpose, including any commercial purpose, without NAPGCM’s express prior written consent. Unless otherwise provided within the Terms, You agree not to:

(i)  access, monitor or copy any content or information of this website using any robot, spider, scraper or other automated means or any manual process for any purpose, including, but not limited to, monitoring content, without  express written permission;

(ii) violate the restrictions in any robot exclusion headers on this website or bypass or circumvent other measures employed to prevent or limit access to this website;

(iii) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;

(iv) deep-link to any portion of this website for any purpose without express written permission;

(v) “frame”, “mirror” or otherwise incorporate any part of this website into any other website without our prior written authorization;

(vi) place false or misleading information on the website;

(vii) co-brand with this website or otherwise display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with NAPGCM in causing any unauthorized co-branding or framing immediately to cease;

(viii) post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, or for any other purpose that is unlawful or prohibited by this agreement;

(ix) upload or transmit to the website or use any device, software or routine that contains Trojan Horses, Worms, Time Bombs, or other computer programming routines that may damage, interfere or attempt to interfere with or intercept, the normal operation of this Site, or appropriate the Site or any system, or take any action that imposes an unreasonable load on our computer equipment, or that imposes on the rights of a third party; or

(x) use any device, software, or routine that interferes, or attempts to interfere, with the normal operation of this website, or take any action that imposes an unreasonable load on our equipment or disguises the origin of the information transmitted through the website.

Disclaimer

THE WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND NAPGCM DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NAPGCM CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE. NAPGCM DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, WEBSITE CONTENT, OR ANY SITES “LINKED” TO THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE WEBSITE, ITS SERVERS, WEBSITE CONTENT, OR ANY SITE OR SITES “LINKED” TO THIS WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OR ACCESSING OF ANY SUCH CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT DOWNLOADING OR OTHERWISE OBTAINING SUCH CONTENT, MATERIAL, DATA OR SOFTWARE FROM OR THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.

NAPGCM reserves the right to change any and all content and other items used or contained in the website at any time without notice. Reference to any other products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by NAPGCM.

NAPGCM assumes no responsibility for consequences resulting from use of the website or its content. NAPGCM is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of use, reference to, reliance on, or performance of the website, its content, or software, as well as for any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of any record. You also acknowledge that NAPGCM is not liable for the defamatory, offensive or illegal conduct of third parties, subscribers, members or other users.

Hyperlinking

This website may be hyperlinked to other sites that are not maintained by, or related to, NAPGCM. Hyperlinks to such sites are provided as a service to users and are not sponsored by or affiliated with this site or NAPGCM. NAPGCM has not reviewed any or all of such sites and are not responsible for the content of those sites. Hyperlinks are to be accessed at the user’s own risk, and NAPGCM makes no representations or warranties about the content, completeness or accuracy of these hyperlinks or the sites hyperlinked to this website.

Further, the inclusion of any hyperlink to a third-party site does not necessarily imply endorsement by NAPGCM of that site.

Submissions

You hereby grant to NAPGCM the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to NAPGCM through this website, and to incorporate any submission in other works in any form, media, or technology now known or later developed. NAPGCM will not be required to treat any submission as confidential, and may use any submission in its business without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future NAPGCM operations.

Notice of Copyright Infringement

If You are a copyright owner who believes Your copyrighted material has been reproduced, posted or distributed via the website in a manner that constitutes copyright infringement, please report the violation to our designated copyright agent by sending written notice by U.S. Mail to NAPGCM, [address], Attn: ____________________ or by email to _______________..

Please include the following information in Your written notice:

(1) a detailed description of the copyrighted work that is allegedly infringed;
(2) a description of the location of the allegedly infringing material on the website;
(3) Your contact information, including Your address, telephone number, and, if available, email address;
(4) Your statement that You have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law;
(5) Your statement, made under penalty of perjury, affirming that the information in Your notice is accurate and that You are authorized to act on the copyright owner’s behalf; and
(6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.

Limitation on Liability

NAPGCM, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors will not be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages, even if NAPGCM has been advised of the possibility of such damages. If You are dissatisfied with the website, any materials, products, or services on the site, or with any of the site’s terms and conditions, Your sole and exclusive remedy is to discontinue using the site. Without limiting the foregoing, in no event will the collective liability of NAPGCM and its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the lesser of $100 or the amount You have paid to NAPGCM for the applicable content or service out of which liability arose.

Indemnity

You will indemnify and hold NAPGCM, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of these Terms by You, including any use of Content other than as expressly authorized in these Terms. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and You agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of Your use of the information accessed from this site.

Trademarks

Trademarks, service marks, and logos appearing in this website are the property of NAPGCM or the party that provided the trademarks, service marks, and logos to NAPGCM. NAPGCM and any party that provided trademarks, service marks, and logos to NAPGCM retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this site. Unauthorized use of the trademarks, service marks and logos of NAPGCM or any third party is unlawful and will be grounds for exclusion from future use of this website.

Controlling Law; Forum Selection

This website is hosted on servers located in the United States and is intended to be viewed by residents of the United States. In the event of any dispute arising out of or relating to this website, You agree that this Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Arizona, without regard to conflicts principles. A court of competent jurisdiction in or for the City of Tucson shall be the exclusive forum for the resolution of any dispute between You and NAPGCM, and You irrevocably consent to the personal and subject matter jurisdiction, and venue, of such court.

Entire Agreement

These Terms and the other documents entered into contemporaneously with or pursuant to them, constitute the entire Agreement and understanding between the parties and supersedes any previous agreement or understanding between the parties with respect to all matters referred to in them.

Severability

In the event any one or more provisions of this Agreement shall be declared illegal or unenforceable under any law, rule or regulation of any government having jurisdiction over the parties hereto, such illegality and unenforceability shall not affect the validity or enforceability of the other provisions hereof, which shall remain in full force and effect.

Modification

You agree that we may modify the Terms (or discontinue this website) in our sole discretion, without advance notice, and that Your right to access this website is conditioned on an ongoing basis with Your compliance with the then-current version of these Terms. You should therefore visit this page frequently.

Waiver

Failure of NAPGCM to enforce one or more of the provisions of these Terms or to exercise any rights hereunder or to require at any time performance of any of the obligations hereof, shall not be construed to be a waiver of such provisions by such parties nor in any way to affect the validity of these Terms or NAPGCM to thereafter enforce each these Terms.