Terms of Service

The following terms and conditions govern all use of the npad website and all content, services and products available at or through the website (taken together, the Service). The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, npad’s Privacy Policy) and procedures that may be published from time to time on this website by npad (collectively, the “Agreement”).

Please read this Agreement carefully before registering or using the Service. By accessing or using any part of the Service, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Service.

Eligibility

In compliance with the Child Protection Act, you must be thirteen years of age or older to register as a member of or use the Service. Membership in the Service is void where prohibited. By using the Service, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

Mobile Use

You have the option to interact with the Service via SMS (TXT messages) and MMS (multimedia/picture messages). You are solely responsible for any fees you incur as a result of such interactions. Please check with your mobile phone carrier to verify what, if any, charges apply.

Use of the Service is also subject to our Privacy Policy

Intellectual Property

This Agreement does not transfer from npad to you any npad or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with npad. All content created or uploaded through the Service will remain your sole property and you do not confer any interest to such content upon npad or any third party.

Term & Termination

This Agreement will remain in full force and effect while you use the Service and/or are a member. You may terminate your membership at any time, for any reason on the account page. Npad may terminate your access to all or any part of the Service at any time, with or without cause, effective immediately. In the event you’re your account is terminated, npad will, in most cases, provide you with an export of all personal data residing on the Service. Npad can terminate the Service immediately as part of a general cessation of operation. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Changes

Npad reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes; your continued use of or access to the Serivce following the posting of any changes to this Agreement constitutes acceptance of those changes. Npad may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Disclaimer of Warranties

The Service is provided “as is”. Npad and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither npad nor its suppliers and licensors, makes any warranty that the website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Service at your own discretion and risk.

Limitation of Liability

In no event will npad, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data. Npad shall have no liability for any failure or delay due to matters beyond our reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with the npad Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Service will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless npad, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Service, including but not limited to out of your violation this Agreement.

Miscellaneous

This Agreement constitutes the entire agreement between npad and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of npad, or by the posting by npad of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Service will be governed by the laws of the state of Massachusetts, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Middlesex County, Massachusetts. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Medford, Massachusetts, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; npad may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.