The Northwest Pyrotechnics Association Web Site (the “Site”) is an online information service provided by Northwest Pyrotechnics Association (“NPA“), subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. Northwest Pyrotechnics Association MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are NPA, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to Northwest Pyrotechnics Association a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to Northwest Pyrotechnics Association by all means and in any media now known or hereafter developed. You also grant to Northwest Pyrotechnics Association the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Northwest Pyrotechnics Association for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Northwest Pyrotechnics Association.
Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or service marks of Northwest Pyrotechnics Association. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
Representations as to Content
You understand that, except for information, products or services clearly identified as being supplied by Northwest Pyrotechnics Association, Northwest Pyrotechnics Association does not operate, control or endorse any information, products or services on the Internet in any way. Except for Northwest Pyrotechnics Association- identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with Northwest Pyrotechnics Association a. You also understand that Northwest Pyrotechnics Association cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. Northwest Pyrotechnics Association PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND Northwest Pyrotechnics Association SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. Northwest Pyrotechnics Association DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. Northwest Pyrotechnics Association HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
Limitation of Liability
IN NO EVENT WILL Northwest Pyrotechnics Association BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF Northwest Pyrotechnics Association OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, Northwest Pyrotechnics Association LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Links to Other Sites
Northwest Pyrotechnics Association makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-Northwest Pyrotechnics Association web site, please understand that it is independent from Northwest Pyrotechnics Association, and that Northwest Pyrotechnics Association has no control over the content on that web site. In addition, a link to a Northwest Pyrotechnics Association web site does not mean that Northwest Pyrotechnics Association endorses or accepts any responsibility for the content, or the use, of such web site.
Retention and Use of Personal Information: Northwest Pyrotechnics Association respects your ability to make informed choices about the collection and uses of your personal information. When you access this Web site, some informatio – such as the site that referred you to the Northwest Pyrotechnics Association Web site and your IP address – may be automatically collected as part of the operation of this Web site. We may use this information to generate user profiles and to personalize our Web site to your particular interests. On some occasions, we may require you to provide certain information on our Web site. For example, we may require you to provide information such as a name, password, email address and postal address in order to use portions of our Web site. In addition, we occasionally may ask you to provide other categories of information so that we may customize and personalize our site for your specific interests.
The personal information collected from this Web site is stored indefinitely and may be disclosed to affiliates. Our organization also may selectively provide some of your personal information, such as your name and email address, to its third party associates. We do not share information with other companies other than with our third party associates and does not sell its customer information. The personal information we collect is used for various purposes, such as customer service, marketing, product and service development, facilitating your use of this Web site, customizing your image selection and personalizing the Web site to your interests. Because of the nature of the Internet, such data may pass through any country.
By using our Web Site to submit personal information you are granting us the right to use your information. If you do not want to receive promotional information or emails from us, you will be able to express this preference by clicking on the appropriate button or checkbox provided elsewhere on this Web site or on the promotional material sent to you; or you may contact us via email@example.com to change your preference. We will take reasonable steps to deactivate your name from our marketing lists when we receive your request. However we will not be responsible for recalling information we may have already provided to our third-party associates.
If you do submit information, and unless we indicate otherwise, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant us the right to use the name that you submit in connection with such content, if we choose.
It is not our intention to collect personal information from anyone under 18 years of age. If you are under 18, you should not enter information on this Web site and should ask a parent to do so for you. If you are under 13, we must have express written permission from a parent before you may use this site. The authorizing parent must send an email to us via firstname.lastname@example.org certifying the parent’s age and authority, and giving us express permission to acquire and retain any such personal information from you as we may normally obtain from users of this site.
You agree to indemnify, defend and hold harmless Northwest Pyrotechnics Association, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
Third Party Rights
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of Northwest Pyrotechnics Association and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.
This Agreement shall all be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between Northwest Pyrotechnics Association and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The United States of America. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Northwest Pyrotechnics Association’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Northwest Pyrotechnics Association may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.
Policy updated on November 28, 2010.