By accessing or using the Site, you agree to be bound by these Terms.
The Terms, as well as the Site (and information contained within the Site) may be updated or revised from time to time without notice to you. You agree to periodically review these Terms, and your continued access to or use of the Site shall constitute your acceptance of the updated or revised Terms.
All users of the Site Infrastructure are solely responsible for the content and messages that they post, distribute or otherwise make available using the Site Infrastructure and Services.
This Site may contain links and references to third party web sites. NIA provides these links only as a convenience, and the inclusion of a link or references does not imply the endorsement of the linked site by NIA. The linked sites are not under the control of NIA, and NIA is not responsible for the availability of such external resources and sites, the content of any linked site or any link contained in a linked site.Liability
Reasonable efforts are made to provide accurate and current information. The material, however, may contain inaccuracies or typographical errors. No representation is made about the accuracy, reliability, completeness, or timeliness of the material or about the results to be obtained from using the Site and the material. Use of the Site and the material is at your own risk. Changes are made periodically to the Site and may be made at any time.
NIA does not warrant that the Site will operate error-free or that this Site and its server are free of computer viruses. If your use of the Site results in the need for servicing or replacing equipment or data, NIA is not responsible for those costs.Copyright
You are authorized by NIA to view and download material on this Site solely for use in serving or soliciting NIA members. All materials posted on this Site are subject to copyrights owned by NIA, its affiliates, and other individuals or entities. Any reproduction, retransmission or replication of all or any part of a document on this site for commercial purposes is expressly prohibited without the express written consent of NIA or the copyright owner. All other rights are expressly reserved.Trademarks
Without prior written consent of NIA, no names, trademarks, service marks or logo of NIA or its affiliates appearing on this site may be used in any advertising or publicity or otherwise where such use might indicate NIA’s sponsorship or affiliation with any product or service.Disclaimer
Materials provided on this Site are provided “as is”, without warranty of any kind, either express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose and non-infringement. NIA specifically does not make any warranties or representations as to the accuracy or completeness of any such materials. NIA periodically adds, changes, improves or updates the materials on this Site without notice. Under no circumstances shall NIA be liable for any loss, damage, liability of expense incurred or suffered that is claimed to have resulted from the use of this Site, including, without limitation, any fault, error, omission, interruption or delay with respect thereto. The use of this Site is at the user’s sole risk. Under no circumstances, including but not limited to negligence, shall NIA, its affiliates, its suppliers, or any third parties mentioned at this Site be liable for any direct, indirect, incidental, special or consequential damages, even if NIA has been advised of the possibility of such damages.Indemnification
As a condition of use of this Site, you agree to indemnify, defend and hold harmless NIA and its affiliates, officers, directors, agents, and employees, from and against any claim, demand, liability, cost, damage or loss it may incur, including legal fees, made by any third party due to or arising out of your breach of these Terms or the documents it incorporates by reference, or your violation of any law or the rights of a third party. NIA shall provide notice to you of any such claim, suit, or proceeding and shall assist at your expense, defending any such claim, suit or proceeding.Intellectual Property Infringement
Contributors might share messages and information that they have electronically copied from other sources. As there are many thousands of possible sources spread out across the Internet, it is impossible for NIA to know if a content contribution infringes on a third party’s intellectual property right and to what degree.
If you believe that your intellectual property right has been infringed, it is your obligation to notify NIA immediately. NIA accepts no liability for copyright infringement by any of its members, though NIA will endeavor to protect any owner rights through appropriate action should any infringement be identified.Notices
All notices required to be served on NIA shall be sent to the contact address stated in Item 1 or to the e-mail address of NIA.General
This Site is for informational purposes only. References to any NIA or affiliated companies' products or services are not intended to constitute offers to sell or solicitations in connection with any product or service. It is up to you as a prudent and informed reader to understand and determine on your own what you need to do in order to make informed decisions in connection with matters discussed on this Site. Your insurance policy, not the statements on this Site, forms the contract between the insured and the company.
These Terms constitute the entire agreement between you and NIA and govern your use of the Site, superceding any prior agreements between you and NIA regarding the Site (including, but not limited to, any prior versions of these Terms).
The section headings in these Terms are for reference only and have no legal or contractual effect.
These Terms shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law principles. NIA’s failure to insist upon strict enforcement of any provision of these Terms shall not be construed as a waiver of any provision or right.
This Site is based in Santa Cruz, California. NIA makes no claim that materials are appropriate for use outside of the United States.Arbitration
Any controversy or claim arising out of or relating to these Terms or NIA’s services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. You consent to the arbitration being conducted in the County of Santa Cruz, California. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or NIA may seek an interim or preliminary equitable relief from a court of competent jurisdiction in the County of Santa Cruz, California, necessary to protect the rights or property of you or NIA pending the completion of arbitration.
Last Revised: 3/28/2006