Terms of Use
National Affordable Housing Trust – Terms of Use
Effective Date: August 30, 2023
These Terms of Use apply to our websites, microsites, and mobile versions of these websites (the “Website”) that expressly adopt and display or link to these terms of use (the “Terms of Use”), as may be revised from time to time, and that are owned, operated or controlled by the National Affordable Housing Trust, Inc. (collectively, “NAHT”, “we”, “our”, or “us”). By accessing and using the Website, the user (“User”) acknowledges and agrees to accept and be bound by these Terms of Use.
PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS OF USE CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN THE USER AND NAHT. BY USING THIS WEBSITE AND ANY RELATED SERVICES, THE USER UNCONDITIONALLY AGREES TO BE BOUND BY THESE TERMS OF USE, INCLUDING ALL EXCLUSIONS AND LIMITATIONS OF LIABILITY HEREIN, AND WARRANTS THAT THE USER HAS FULL AUTHORITY AND CAPACITY, LEGAL AND OTHERWISE, TO USE THE WEBSITE. THE USER MAY NOT ACCESS OR USE THIS WEBSITE OR THE SERVICES IF THE USER DOES NOT AGREE TO ANY PART OF THESE TERMS OF USE.
THESE TERMS OF USE LIMIT THE REMEDIES AVAILABLE IN THE EVENT OF A DISPUTE AND REQUIRE THAT ALL DISPUTES BE RESOLVED THROUGH BINDING ARBITRATION. THIS MEANS THAT THE USER AGREES TO RESOLVE DISPUTES INDIVIDUALLY ACCORDING TO THE ARBITRATION PROVISIONS BELOW RATHER THAN IN A COURT OF LAW OR THROUGH A CLASS ACTION LAWSUIT.
1. Content
All Website content, including, without limitation, all text, graphics, audio, video, music, icons, images, hyperlinks, advertising copy, displays, products, HTML code and scripts (collectively, the “Website Content”), and the collection, arrangement and assembly of the Website Content, is the property of NAHT and its sponsors, distributors, or licensors, and is protected by copyright law and other U.S. and international laws and treaties. The User is granted no right, title or interest in or to the Website Content other than the limited license expressly set forth in these Terms of Use. The User may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into a website or in any way exploit the Website Content, or any portion thereof, without the express written permission of NAHT.
2. Use of Website Content
The Website, including all Website Content, is provided as a resource for Users to learn more about NAHT and its services. Subject to these Terms of Use, the User is hereby granted a non-exclusive, non-transferable, limited, revocable license to access and use the Website and the Website Content for the User’s own non-commercial purposes. All rights not expressly granted are reserved by NAHT and its licensors. This limited license may be revoked at any time for any reason or no reason.
3. Trademarks
All rights regarding any trademarks, trade names, service marks, logos and/or trade dress (collectively, “Marks”) contained in, or used in connection with, the Website are expressly reserved by NAHT and its licensors. The Marks, and all associated logos or images, are registered and/or common law trademarks,and are protected by U.S. and international laws and treaties. No license with respect to the use of the Marks is granted to the User under these Terms of Use or by virtue of User’s use of the Website. The Marks may not be copied, imitated or used, in whole or in part, without the prior written consent of NAHT or the applicable rights holder.
4. Links
The Website may include links to third party websites not operated by NAHT. These links are provided for the User’s convenience and in no way signify any endorsement of any such websites or the content thereof. Access to any such linked site is at the User’s own risk, and NAHT will not have any liability arising out of or related to such sites and/or their content, or for any damages or loss caused or alleged to be caused by or in connection with any use of or reliance on any such content, or any goods or services, available on or through any such site.
5. User Information
Some functionality of the Website may require the transmission of information provided by the User (“User Information”). User Information may include, but is not limited to, a User’s name, address, email address, and telephone number. The User agrees to keep the User Information provided to the Website current at all times and to promptly update such information in the Website to the extent of any change. By using such functionality, the User consents to the transmission of User Information to NAHT and/or its agents and authorizes NAHT and/or its agents to record, process, and store such User Information as necessary for the Website functionality and for the purposes described in the Privacy Policy which is incorporated herein by reference.
6. Third Party Content
The User understands and agrees that NAHT does not control and is not responsible for any content made available on the Website by other users. The User’s use of, or reliance on, any information contained in such third-party content is at the User’s sole risk. Under no circumstances will NAHT be liable for any such third-party content or for any loss or damage resulting from the User’s use of, or reliance on, such third-party content.
7. Acceptable Use
The User’s permitted use of the Website and Website Content is limited to the standard functionality of the Website. In no event may the Website be used in a manner that (i) is unlawful, fraudulent or deceptive, (ii) harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any third party (including, without limitation, the rights of publicity or other proprietary rights), (iii) uses technology or other means not authorized by NAHT to access Website Content, (iv) attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment, (v) attempts to gain unauthorized access our systems or user accounts, (vi) encourages conduct that would constitute a criminal offense or that gives rise to civil liability, (vii) attempts to damage, disable or overburden our servers or networks, or (viii) fails to comply with applicable third-party terms. The User must comply with all applicable third-party terms (e.g., wireless carrier terms of service) at all times while using the Website. NAHT reserves the right, in its sole discretion, to terminate the license granted to the User hereunder and/or bring legal action against the User if the User engages in, or NAHT reasonably believes the User has engaged in or is engaging in, use that violates these Terms of Use. Our failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms of Use.
8. Technological and Financial Requirement for Use
You must have compatible computing or mobile devices, access to the Internet, and certain necessary software in order to use the Website. Fees and charges may apply to your use of the mobile services and to the Internet. You are individually and solely responsible for any such fees, costs, or expenses you incur in relation to your use of the Website.
9. Information Disclaimer
NAHT attempts to be as accurate as possible regarding the information and descriptions it provides on the Website. However, unless specifically stated otherwise in writing on the Website, NAHT does not warrant that information, descriptions or Website content are accurate, complete, reliable, current, or error-free. From time to time, the Website may contain typographical errors, inaccuracies, or omissions. NAHT reserves the right to revise such errors, inaccuracies, or omissions without notice. In addition, NAHT reserves the right, without prior notice, to limit the order quantity on any product and/or refuse service to any customer.
10. Eligibility; Jurisdiction
The User represents and warrants that (i) the User is at least 18 years of age and is fully competent and able to enter into these Terms of Use and to abide by the terms hereof; (ii) the User is not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist support” country; and (iii) the User is not included on any U.S. Government list of prohibited or restricted parties. NAHT provides the Website for use in the United States of America. NAHT does not represent the Website is available or appropriate for use in other jurisdictions. Any access to or use of the Website from other jurisdictions is at the User’s sole risk and the User is responsible for complying with all applicable local laws.
11. Disclaimers
NAHT AND ITS LICENSORS do not warrant or guarantee the accuracy, RELIABILITY or completeness of the Website Content or represent that the Website or the Website Content is error-free or capable of operating on an uninterrupted basis. THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
12. Limitation of Liability
use of the Website is at THE USER’S own risk. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, NAHT AND ITS LICENSORS shall NOT be LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO: (i) use or misuse of the WEBSITE OR the WEBSITE Content; (ii) inability to access or use the WEBSITE or the WEBSITE Content; (iii) any loss or corruption of data or information submitted VIA the WEBSITE; (iv) any communications or services provided by, or requested from, NAHT via the Website; or (V) ANY PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE RESULTING FROM ACCESS TO OR USE OF THE WEBSITE. The foregoing limitations of liability shall apply whether the claim is based on warranty, contract, tort, or any other legal theory, and whether or not NAHT is advised of the possibility of such damages.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT WILL NAHT’S AGGREGATE LIABILITY EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT THE USER PAID TO NAHT, IF ANY, IN THE PAST SIX (6) MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. THE USER AGREES THAT NAHT’S AFFILIATES, PARTNERS, SUPPLIERS, AGENTS, AND LICENSORS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THE USER’S USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES.
NOTE THAT SOME JURISDICTIONS PROHIBIT THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND THEREFORE THE LIMITATIONS AND EXCLUSION ABOVE MAY NOT APPLY TO YOU. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
13. Indemnity
Upon request by NAHT, the User agrees to indemnify, defend and hold harmless NAHT and its employees, contractors, officers, directors, and licensors from and against all claims, suits, demands, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) that arise from: (i) the User’s use or misuse of the Website; (ii) the User’s violation of these Terms of Use; or (iii) the User’s violation of any third party right, including without limitation any copyright, property or privacy right. NAHT reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate with NAHT in asserting any available defenses.
14. Changes to Website
At any time and without notice to the User, NAHT may change or modify the Website, or any features or functions thereof, or may suspend or discontinue the Website, or stop supporting the Website, or any aspect thereof. Any such termination, change, suspension or discontinuance shall be without liability to the User.
15. Changes to Terms; Updates
NAHT reserves the right to change these Terms of Use at any time, and in its sole discretion, by changing these Terms of Use within the Website. The User’s continued use of the Website after any such changes to these Terms of Use are made available through the Website will constitute the User’s acceptance of those changes. These Terms of Use shall govern any updates to, or supplements or replacements for, the Website unless separate terms are provided in conjunction with such updates, supplements or replacements – in which case such separate terms will apply.
16. Governing Law
These Terms of Use are governed by the laws of the State of Ohio and applicable federal laws of the United States of America, without giving effect to conflict of laws principles. The User irrevocably consents to the exclusive jurisdiction of the federal and state courts situated in Columbus, Ohio for purposes of any legal action arising out of or related to these Terms of Use or use of the Website.
17. Legal Notice for New Jersey Residents
Under the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act (“TCCWNA”), N.J.S.A. 56:12-14 et seq., consumers may not be offered any written contract which includes any provision that violates any clearly established legal right of a consumer, or responsibility of a seller, as established by state or federal law. In addition, under the TCCWNA, no consumer contract may state that any of its provisions are or may be void, unenforceable or inapplicable in some jurisdictions without specifying which provisions are or are not void, unenforceable or inapplicable in New Jersey. Therefore, the following provisions of these Terms of Use shall not be applicable to New Jersey residents: (1) the provisions concerning limiting NAHT’s liability for any loss or damage is not applicable to New Jersey residents to the extent NAHT was negligent or has breached its obligation; (2) the provisions concerning the exclusion or limitation of certain damages is not applicable to New Jersey residents with respect to punitive damages, loss of data, and loss of or damage to property; and (3) the provisions concerning the indemnification by the User is not applicable to New Jersey residents unless the User was negligent or has breached these Terms of Use.
18. Support or Maintenance
Although we may choose to provide support or Website maintenance, the User acknowledges and agrees that we are under no obligation to do so.
19. Restricted Access
Some parts of the Website may be restricted to certain users. If the User has permission to access restricted parts of the Website, the User agrees to not share the User’s access information and password with third parties. We may change the restricted parts of the Website from time to time. If the User does not have access to restricted parts of the Website, the User agrees not to use another user’s Account to gain such access or otherwise attempt to gain improper access to the restricted parts of the Website.
20. Dispute Resolution
Unless both parties agree otherwise, the User and NAHT agree that any dispute, claim, or controversy arising out of or relating to the Website, the services provided by NAHT, or these Terms of Use will be resolved by binding mediation in Columbus, Ohio.
If binding mediation does not work, the dispute will escalate to mandatory binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules, and the judgment of its arbitrator(s) may be entered by any court of competent jurisdiction.
The User agrees that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and THE PARTIES FURTHER AGREE THAT EACH IS WAIVING ITS CONSTITUTIONAL RIGHT TO A TRIAL BY JURY AS WELL AS THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION OR MULTI-PARTY ACTION. ALL CLAIMS AND DISPUTES RELATED TO THE USER’S USE OF THE WEBSITE OR SERVICES OR ARISING UNDER THESE TERMS OF USE MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. ANY DISPUTE, CLAIM, OR CAUSE OF ACTION THAT THE USER MAY HAVE ARISING OUT OF OR RELATING TO THE WEBSITE, SERVICES, OR THESE TERMS OF USE MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION WILL BE PERMANENTLY BARRED.
If any portion of these Terms are held invalid, it is agreed that the remaining provisions shall continue in full force and effect. Likewise, the User agrees that if any legal action is brought, it must be brought in Columbus, Ohio.
Notwithstanding the foregoing, the User agrees that we may seek injunctive or other appropriate relief in the appropriate state or federal court should the User violate or threaten to violate the intellectual property rights of us or our subsidiaries, affiliates, partners, suppliers, or licensors, and the User consents to exclusive jurisdiction and venue in such courts.
21. Contact
Any questions, complaints, or claims regarding the Website may be directed to: [email protected].