Effective Date: August 30, 2023
2. Use of Website Content
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
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
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
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.
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
16. Governing Law
17. Legal Notice for New Jersey Residents
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
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.
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.
Any questions, complaints, or claims regarding the Website may be directed to: [email protected].