This Terms of Use Agreement (the “Agreement”) sets forth the terms and conditions that apply to your access and use of the Internet Web site located at www.npdportfolio.com ("npdportfolio.com"). Please read these terms carefully, and if you disagree with them in any way, then do not use this web site. By using npdportfolio.com you agree to be bound by the terms and conditions of this Agreement, and as they may be amended from time to time in the future. npdportfolio.com reserves the right to modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the npdportfolio.com site. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted. If any changes are not acceptable to you, you must immediately discontinue your use of this web site. If you subscribe to or pay for any services offered or promoted through this web site, you may be subject to additional terms and conditions applicable to such services, which will be brought to your attention at that time.
By using the information, tools, features, and functionality located on npdportfolio.com (collectively, the “Service”), you agree to be bound by this Agreement, without limitation or qualification, whether you are a “Visitor” (which means that you simply browse the npdportfolio.com website) or you are a “Member” (which means that you have registered with npdportfolio.com). The term “you” or “User” refers to a Visitor or a Member. The term “we” refers to npdportfolio.com. npdportfolio.com gives you the right to view and use its Service subject to these terms. You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your LoginID e-mail address, allows you to access the Service.
The information provided on this site is free of charge, for informational purposes only, and does not create a business or professional services relationship between you and npdportfolio.com. The Service associated with npdportfolio.com is provided to you on an “as-is,” “as available,” and “with all faults” basis. You expressly agree that your use of the Service is at your sole risk. npdportfolio.com makes no representations, warranties or guarantees, express or implied, regarding the accuracy, reliability or completeness of the content or the Service. npdportfolio.com shall not be responsible or liable for any errors, omissions or inaccuracies in any content on this website and/or provided in any way through the Service. The information, strategies, and concepts provided through the Service are neither comprehensive nor appropriate for every individual or entity.
npdportfolio.com makes no representation, warranties or guarantee that its content and the Service are free of infection from any viruses, malicious code, computer programming routines or languages that contain contaminating or destructive properties, or that are intended to damage, surreptitiously intercept or expropriate any system, data, or personal information. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for integrity, security, and accuracy of data input and output, and for maintaining a means external to npdportfolio.com and the Service for the reconstruction of any lost data.
You agree that npdportfolio.com shall not be liable for any errors caused by its content or the Service, including any actions taken or not taken by you or any third party. npdportfolio.com shall not be liable to any party for any direct, indirect, incidental, special, exemplary, consequential, or other damages (including, but not limited to, lost profits, business interruption, loss of programs or data) without regard to the form of action and whether in contract, warranty, tort, negligence, product liability, strict liability, or otherwise, arising in whole or in part out of or in connection with npdportfolio.com, your use of the Service, or this Agreement, even if npdportfolio.com has been advised of the possibility of such damages. You shall defend, indemnify and hold harmless npdportfolio.com and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorneys fees, in whole or in part arising out of or attributable to any breach of this Agreement by you.
npdportfolio.com cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. npdportfolio.com cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings. npdportfolio.com does not endorse, warrant or guarantee the accuracy of the data the Service produces or the decisions that may be based on it. Your access and use of npdportfolio.com may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, natural disasters, periodic updating or other actions that npdportfolio.com, in its sole discretion, may elect to take. You represent that you have the lawful right to submit information to this site and agree that you will not submit any information unless you are legally entitled to do so.
You may not reproduce, publish, upload, sell, rent, post, or distribute the content provided on this site, including, but not limited to, text, images, logos, audio, video, algorithms, and software code. You are further prohibited from creating a derivative work of the content. You agree that you will not attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of npdportfolio.com or the Service.
This Agreement will continue to apply until terminated by either you or npdportfolio.com. If, as a Member, you seek to terminate your legal Agreement with npdportfolio.com, you may do so by closing your account for the Service, and canceling your membership. If, as a Visitor, you seek to terminate your legal Agreement with npdportfolio.com, you may do so by closing your internet web browser, or navigating away from npdportfolio.com. npdportfolio.com may, at any time and in its sole discretion without notice to you, terminate its legal Agreement with you if you have breached any provision of this Agreement.
npdportfolio.com disclaims all warranties, representations and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement, with respect to the use of this web site and the service, or the accuracy, completeness, timeliness or currency of its content, in any way and for any purpose. Because some jurisdictions do not allow the disclaimer of warranties, or the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions npdportfolio.com’s liability is limited to the greatest extent permitted by law.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
You agree that if npdportfolio.com does not exercise or enforce any legal right or remedy which is contained in, or granted by, this Agreement, such action will not be deemed a formal waiver of npdportfolio.com’s rights or remedies. If you attempt to bring any legal proceedings against npdportfolio.com, you hereby attorn and agree to the non-exclusive jurisdiction, and locale, of the court of npdportfolio.com’s choosing.