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Terms of Use

Welcome to NHLI.ORG, which is provided by NHLI, INC. (either "NHLI", "we" or "us"). These Terms of Use govern your use of the websites, content, software and services offered through NHLI.ORG (collectively, "NHLI.ORG").

YOUR AFFIRMATIVE ACT OF USING NHLI.ORG SIGNIFIES THAT YOU AGREE TO THE FOLLOWING TERMS OF USE, YOU CONSENT TO THE INFORMATION PRACTICES DISCLOSED IN THE NHLI NETWORK PRIVACY POLICY, AND YOU CONSENT TO RECEIVE REQUIRED NOTICES AND TO TRANSACT WITH US ELECTRONICALLY. IF YOU DO NOT AGREE, DO NOT USE NHLI.ORG.

1. CHANGES TO THE TERMS OF USE. We may change these Terms of Use at any time. You can review the most current version of these terms by contacting NHLI or viewing our website. You are responsible for checking these terms periodically for changes. If you continue to use NHLI.ORG after we post changes to these Terms of Use, you are signifying your acceptance of the new terms.

2. REGISTERED USERS. Certain enhanced services are available only to registered users of the NHLI website and require you to sign in with a screen name to use them. Your use of these enhanced services as a registered user of the NHLI services will be subject to this Use Policy and any additional User Terms of Service that may established for such enhanced services.  You may be provided the opportunity to join or register for such enhanced services when you sign up for any enhanced service that requires registration.

3. ADDITIONAL TERMS. Certain areas of NHLI.ORG, such as sites where you can upload or download files, may include usage guidelines and rules that will supplement these Terms of Use. By using those services on NHLI.ORG, you agree to comply with such guidelines and rules.

4. ELECTRONIC DELIVERY POLICY AND YOUR CONSENT. You agree that we may provide you required notices, agreements and other information concerning NHLI.ORG electronically. We will post the notices on the home page of NHLI.ORG or on the relevant Web page of the applicable service. If you want to withdraw your consent to receive notices electronically, you must discontinue your use of NHLI.ORG.

5. PRIVACY POLICY. The NHLI Network Privacy Policy explains the practices that apply to your information when you use NHLI.ORG. Your ongoing use of NHLI.ORG signifies your consent to the information practices disclosed in our Privacy Policy. You can review the Privacy Policy by clicking on the "Privacy Policy" link located on the home page of NHLI.ORG.

6. CHANGES TO NHLI.ORG. We may discontinue or change any service or feature on NHLI.ORG at any time and without notice.

7.  YOUR RESPONSIBILITIES. You may use NHLI.ORG for lawful purposes only. You may not submit or transmit through NHLI.ORG any material, or otherwise engage in any conduct that:

  1. Violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
  2. Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, or contains explicit or graphic descriptions, or accounts of, sexual acts;
  3. Victimizes, harasses, degrades, or intimidates or advocates such conduct of any individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
  4. Impersonates any person, business or entity, including NHLI and its employees and agents;
  5. Contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or otherwise permit the unauthorized use of a computer or computer network;
  6. Encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
  7. Violates these Terms of Use, guidelines or any policy posted on NHLI.ORG, or

8.    Interferes with the use of NHLI.ORG by others.

9.      is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind against any group or individual;

10.  Involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";

11.  Promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

12.  Promotes or endorses an illegal or unauthorized copy of another person's copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files;

13.  Contains restricted or password only access pages, or hidden pages or images;

14.  Displays or links to pornographic, indecent or sexually explicit material of any kind;

15.  Provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18; or

16.  Provides instructional information about illegal activities or other activities prohibited by these Terms, including without limitation, making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses or pirating any media; and

17.  Solicits passwords or personal identifying information from other Users.

You may not use NHLI.ORG in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of NHLI.ORG. You may not attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms of Use.

8. NO SPAM. You may not use NHLI.ORG or any of our communication tools to transmit, directly or indirectly, any unsolicited bulk communications (including e-mails and instant messages). You may not harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You may not induce or allow others to use NHLI.ORG to violate the terms of this section. We may terminate your access or use of NHLI.ORG immediately and take any other legal action if you, or anyone using your access to NHLI.ORG, violates these provisions. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining with in our computer or communications networks.

9. PROPRIETARY RIGHTS. We, our suppliers, and our users who lawfully post text, messages, information, software, images, audio and video ("Content") on NHLI.ORG own the propriety rights to that content. The content is protected by international treaties, and by copyright, trademark, patent, and trade secret laws and other proprietary rights. For example, we own a copyright in the selection, organization, arrangement, and enhancement of the Content, as well as in our original Content. The look and feel of our color combinations, button shapes, and other graphical elements on NHLI.ORG are our trademarks.

10. LICENSE TO USE NHLI.ORG. You may use NHLI.ORG and the Content offered on NHLI.ORG only for personal, non-commercial purposes. You may use Content offered for downloading, such as photos and music, for personal use only and subject to the rules that accompany that particular Content. You may not use the Content in a manner that exceeds the rights granted for your use of the Content. You may not use any data mining, robots, or similar data gathering and extraction tools on the Content, frame any portion of NHLI.ORG or Content, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content without our prior written consent. You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content. Please contact us as identified on the Contact link located on the home page of NHLI.ORG for information on how you can request permission to reproduce certain Content from NHLI.ORG.

11. CONTENT YOU POST ON NHLI.ORG OR TO PUBLIC AREAS. Certain areas of NHLI.ORG may allow you to post Content that can be accessed and viewed by others, including the public in general. You may only post Content on NHLI.ORG or to public areas on NHLI.ORG that you created or that you have permission to post. You may not post Content that violates these Terms of Use. While we do not claim any superior right of or ownership interest greater than yours of any Content that you may post, by submitting this information to and through NHLI.ORG you agree that we may assert such an ownership right to such information as related to third parties other than you. Further, by submitting Content to NHLI.ORG or to public areas of NHLI.ORG, you grant us, our affiliates, and distributors the right to use, copy, display, perform, distribute, adapt and promote this Content in any medium. You are solely responsible for your information as provided to or posted on NHLI.ORG including, without limitation works in any form, media, or technology whether now known or later developed, messages, audio, video, photos, text, images, compilations or other information ("User Content") that You post on any NHLI.ORG Site or transmit to other Users. You agree that in submitting User Content or otherwise using any NHLI.ORG Site that you will not impersonate any person, or submit any materials to NHLI that are false, inaccurate, misleading, unlawful, or are otherwise in violation of your obligations under these Terms.  You also represent and warrant that You have the right to grant or that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to You the right to grant, the license stated above. If you post User Content in any public area of any NHLI.ORG Site, You also permit any User to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed on any NHLI.ORG Site retains any and all rights that may exist in such User Content

12. NO DUTY TO MONITOR. You agree that we are not liable for Content that is provided by others. We have no duty to pre-screen Content, but we have the right to refuse to post or to edit submitted Content. We reserve the right to remove Content for any reason, but we are not responsible for any failure or delay in removing such material.

13. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT. We respect the intellectual property of others. If you believe that your work has been copied and is accessible on NHLI.ORG in a way that constitutes copyright infringement, please contact us as identified on the Contact link located on the home page of NHLI.ORG to report possible copyright infringement.

14. THIRD PARTY SITES. NHLI.ORG may include links to third party websites, including links provided as automated search results. Such links are provided not as an endorsement by NHLI but merely as a possible service to users of NHLI.ORG.  You acknowledge and understand that NHLI does not monitor those links so that is is possible that some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links do not mean that we endorse these third party sites or services. You acknowledge and agree that we are not responsible or liable for any Content or other materials on these third party sites. Any dealings that you have with third parties found on NHLI.ORG are between you and the third party and you acknowledge and agree that we are not liable for any loss or claim you may have against a third party.

15. DISCLAIMER OF WARRANTIES. We provide NHLI.ORG "as is", "with all faults" and "as available". We and our suppliers make no express warranties or guarantees about NHLI.ORG. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES THAT NHLI.ORG AND ALL SOFTWARE, CONTENT AND SERVICES DISTRIBUTED THROUGH NHLI.ORG ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT NHLI.ORG WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF NHLI.ORG, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE NHLI.ORG (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AN AOL REPRESENTATIVE SHALL CREATE A WARRANTY. You may have additional consumer rights under your local laws that this contract cannot change.

16. LIMITATION OF LIABILITY. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF NHLI.ORG. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR AFFILIATES AND OUR SUPPLIERS FOR ANY AND ALL CLAIMS RELATING TO THE USE OF NHLI.ORG EXCEED THE TOTAL AMOUNT OF SERVICE FEES, IF ANY, THAT YOU MAY HAVE PAID US DURING A ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE.

WE, OUR AFFILIATES, AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON NHLI.ORG. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES AND SUPPLIERS, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

17. INDEMNIFICATION. Upon a request by us, you agree to defend, indemnify, and hold harmless us and our affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of NHLI.ORG. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

18. INTERNATIONAL USE. We make no representation that Content on NHLI.ORG is appropriate or available for use in locations outside the United States, and accessing it from territories where the Content is illegal is prohibited. If you choose to access NHLI.ORG from a location outside the U.S., you do so on your own initiative and you are responsible for compliance with local laws.

19. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES. You agree that the laws of the Commonwealth of Virginia govern this contract and any claim or dispute that you may have against us, without regard to Virginia's conflict of laws rules. You further agree that any disputes or claims that you may have against us will be resolved by a court located in the Commonwealth of Virginia and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE COMMONWEALTH OF VIRGINIA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE COMMONWEALTH OF VIRGINIA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

20. SEVERABILITY and INTEGRATION. This contract and any supplemental terms, policies, rules and guidelines posted on NHLI.ORG constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

21. TERMINATION. Your right to use NHLI.ORG automatically terminates if you violate these Terms of Use or any rules or guidelines posted in connection with NHLI.ORG. We also reserve the right, in our sole discretion, to terminate your access to all or part of NHLI.ORG, for any reason, with or without notice.