Terms of Use

Welcome to NAPNAPFoundation.org

This Terms of Use Agreement ("Agreement") is a legal agreement between you ("User"), and the National Association of Pediatric Nurse Practitioners ("NAPNAP"), the NAPNAP Foundation ("Foundation"), the website operator of NAPNAPFoundation.org. By accessing and using the NAPNAPFoundation.org website (other than to read this Agreement for the first time), User acknowledges that he or she has read, understood and agrees to comply with the terms and conditions stated within this Agreement.

NAPNAP and the Foundation reserve the right to change these terms and conditions periodically at their discretion. User's continued use of this website constitutes acceptance of the terms and conditions stated at the time of use.

Privacy

NAPNAP and the Foundation collect information about the Users of their websites. Collection of this information is governed by the NAPNAP.org and NAPNAPFoundtion.org online Privacy Policy, which may be accessed at Privacy Policy.

User Conduct

User is responsible for all use of User's account (including User name and password for access to online directory) and e-mail address, if applicable. User shall be solely responsible for maintaining the security of User's passwords. Users agree that all the information posted or accessed will be used only for User's personal or internal purposes. User will not make any other unauthorized use of this website, or any interactive features available on this website. User may use downloaded material only for User's personal, internal use. User may not engage in any conduct or action that is prohibited by law or violates any country, federal, state or local laws. User agrees not to distribute, post, publish or otherwise communicate any content which defames, abuses or threatens others, which is hateful or racially offensive, or which contains vulgar, obscene or indecent language or images, or which contains unauthorized copyrighted material or infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.

Any content on this website is provided for informational purposes only. NAPNAP and the Foundation shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via this website.

Corporate Identification and Trademarks

All registered and/or unregistered trademarks and/or service marks (collectively, "Marks") used or referred to on this website are the property of NAPNAP, the Foundation or NAPNAP has obtained the rights to use the mark. Users may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify these Marks in any way without the Foundation's prior written permission. The use of NAPNAP's or the Foundation's Marks on any other website is prohibited, without express the written permission of the organization.

Proprietary Rights to Content

All materials contained on this website are copyrighted except where explicitly noted otherwise. NAPNAP/Foundation 1997, 1999, 2002, 2014. All content is owned or licensed to the Foundation. All rights reserved.

User acknowledges and agrees that content, including but not limited to text, software, sound, photographs, video, design, graphics, or other material contained in this website ("Content") maybe protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. User understands and agrees that User may not copy, reproduce, republish, distribute, modify or create derivative works from this Content or otherwise use, transmit, upload, rebroadcast or publish in any form this Content other than as expressly authorized by this Agreement without the Foundation's prior, written consent.

By uploading, posting or otherwise making material available in any public area of the NAPNAPFoundation.org website, User automatically grants, or warrants that the owner of such material has granted, the Foundation a perpetual, world-wide, royalty free, non-exclusive right and license to use, reproduce, modify, publish and distribute the material, in whole or in part, in any media or technology now known or hereafter developed.

Links to Third Party Sites

The NAPNAP.ORG website may contain links to third party websites that are not under the control of NAPNAP. NAPNAP makes no representations whatsoever about any other website to which User may have access through the NAPNAP website. When User accesses a third party website, User does so at its own risk and acknowledges that NAPNAP is not responsible or liable for any content, advertising, products or other materials available from such third party sites. User also agrees that NAPNAP shall not be liable for any loss or damage of any sort incurred as the result of using any third party's website. Mention of third party companies and websites on the NAPNAP website is for informational purposes only and does not constitute an endorsement or recommendation.

Third Party Content

The Foundation may be a distributor of content, not a publisher or author. Accordingly, any opinions, advice, statements, or other information expressed by any third parties are those of the respective author or publisher, not the Foundation. The Foundation is not responsible for the content, including the accuracy thereof. See the section entitled Disclaimer of Warranties for further details.

Limitation of Liability

User expressly understands and agrees that the foundation shall not be liable for any loss or damage (direct, indirect, punitive, actual, consequential, incidental, special, or otherwise) resulting from any use of, or inability to use, this website, or resulting from any errors or omissions in the content of this website, regardless of the basis upon which liability is claimed, even if the Foundation has been advised of the possibility of such loss or damage.

This limitation is subject to the provisions of any applicable law that may restrict its scope.

Disclaimer of Warranties

While every effort is made to ensure accuracy, the Foundation makes no warranty that this website will meet User's requirements or that it will be uninterrupted, timely, secure or error free; nor does the Foundation make any warranty as to the results that may be obtained from the use of this website or as to the accuracy or reliability of any information obtained through this website. User understands and agrees that any content downloaded or otherwise obtained through the use of this website is done at users own risk and that user will be solely responsible for any damage done to User’s computer system or loss of data that results from the download of such content.

Unless expressly stated otherwise, the Foundation provides this site content "as is" and without warranties of any kind, either express or implied, to the fullest extent allowable by law. This includes the implied warranties of merchantability, noninfringement of intellectual property, and fitness for a particular purpose. In no event shall the Foundation or its affiliates be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption or loss of information) arising out of the use or inability to use the site content, even if the Foundation has been advised of the possibility of such damages.

This limitation is subject to the provisions of any applicable law that may restrict its scope.

Indemnification

User agrees, at User's expense, to indemnify, defend and hold harmless the Foundation, its officers, directors, employees, agents, affiliates, distributors and licensees from and against any judgment, losses, deficiencies, damages, liabilities, costs and expenses (including reasonable attorneys' fees and expenses) incurred in connection with any claim, demand, suit, action or proceeding arising out of User's breach of this Agreement or in connection with User's misuse of this website or any product or service related thereto.

Governing Law

This Agreement and the relationship between User and the Foundation shall be governed by and construed in accordance with the laws of New York.

Arbitration

All disputes under this Agreement, that cannot be resolved by the parties shall be submitted to arbitration in New York under the rules and regulations of the American Arbitration Association. Either party may invoke this paragraph after providing 30 days written notice to the other party. The dispute(s) arising under this Agreement shall be decided by a panel of three arbitrators with each party hereto selecting one arbitrator and the two selected arbitrators to chose the third arbitrator. An arbitrator sitting in any arbitration arising hereunder shall not have the authority or power to modify or alter any express condition or provision of this Agreement or to render any award which by its terms has the effect of altering or modifying any express condition or provisions hereof. All costs of arbitration shall be divided equally between the parties. Any award may be enforced by a court of law. User agrees that, regardless of any statute or law to the contrary, any dispute arising out of or relating to this Agreement must be filed within one (1) year after such claim or cause of action arises or will be forever barred.

Waiver/Severability

The waiver by either party of a breach of or right under this Agreement will not constitute a waiver of any subsequent breach or right. If any provision of this Agreement is found to be invalid or unenforceable by an arbitration proceeding in the appropriate jurisdiction, such provision shall be severed from the remainder of this Agreement, which will otherwise remain in full force and effect.

Reservation of Rights

Any rights not expressly granted herein are reserved.

Contact NAPNAP Foundation

If you have any questions about any of the foregoing, please contact us.