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Home  > Terms of Service

Terms of Service



User Agreement

This Agreement sets out the terms and conditions relating to the online content provided free of charge and content subject to payment ("Free and Paid-for Content") that the National Center for Appropriate Technology (NCAT) ("the Siteowner") will provide to you ("the User"). By accessing https://attra.ncat.org.("the Site") the User is agreeing to the terms and conditions below. If the User uses the Site in the course of business the User is also agreeing to these terms and conditions on behalf of that business. If the User does not agree with the terms and conditions (or the User is not authorized to do so) the User should not use the Site. If the User has any questions they should contact the Siteowner at support@ncat.org.

Services and Fees:

The Siteowner may provide Free and Paid-for Content at the Siteowner's discretion. This may include, but is not limited to access to the archives and new content, access to the expert forum, a quarterly newsletter, and discounts on selected NCAT workshops for subscribers. All subscriptions last for one calendar year after the date in which they are purchased and NCAT will provide the User who subscribes with one year's content which may include issuing back issues of the newsletter. Yearly subscriptions require the user to obtain a Paypal account. All payments via Paypal are subject to Paypal's terms of use. NCAT is not responsible for the security and usability of the Paypal site and cannot make such guarantees. NCAT does not store nor hold nor have access to your credit card or banking information. One time pay subscriptions such as day passes as well as individual sales items such as publications do not require a Paypal account although payment is still processed through Paypal. Users may also choose to buy certain content on a per item basis at NCAT's discretion. It is the User's responsibility to follow all instructions for purchased materials and time limits may be set on how long a Users has the ability to download products purchased for download or listing on the Site. The Siteowner reserves the right to vary the Free and Paid-for Content and does not guarantee that the content provided free of charge ("Free Content") will remain free of charge and does not guarantee that the content provided subject to payment ("Paid-for Content") will remain a paid-for service. NCAT charges a minimum of $3.00 shipping and handling for any printed publication(s) mailed to The User regardless of subscription status. The User shall agree to pay any subscription fees ("Fees") at rates in effect when the charges are incurred. The User must provide the Siteowner with complete and accurate payment information. The User can pay using a credit or debit card or by check. By submitting credit or debit card details to the Siteowner via Paypal, the User warrants that they are entitled to purchase the Paid-for Content using those payment details. In the event of an unauthorized payment the Siteowner reserves the right to suspend or terminate the User's access to the Site and Paid-for Content. If no payment authorization is received or payment authorization is subsequently cancelled, the Siteowner may immediately terminate or suspend access to any Paid-for Content and/or the Site. The Siteowner will try to process the User's request for any Paid-for Content promptly but does not guarantee that the Paid-for Content will be available to the User by any specified time. A contract with the User for a Paid-for Content will come into effect when the Username and Password are issued to the User. The User having paid the Fee for a subscription for the supply of Paid-for Content for a defined period the User will have no right of cancellation for the supply of the Paid-for Content other than the right to cancel the subscription for Paid-for Content. This does not affect the User's statutory rights. It is The User's responsibility to have the proper viewing software installed and functional, we do not provide technical assistance for the software required to view some documents. The Siteowner will be available to answer technical issues within the website (purchase problems, subscription issues, dead links, errors or missing pages.) from Mon. - Fri. 8 a.m. to 5 p.m. MST.

Registration, Passwords and Privacy:

The use of the Site signifies the User's consent to the Siteowner collecting and using personal information about the User in accordance with the Siteowner's Privacy Policy. This information gathering is for NCAT's use only and will not be shared or sold to any other organization, business or individual for any reason other than official NCAT use, and/or for the convenience of the User. The User does not have to register to use the Site in order to access it and enjoy the content other than the Paid-for Content. If the User wishes to access the Paid-for Content the User will be asked to provide the Siteowner with accurate, complete registration information, including contact details, and it is the User's responsibility to update and maintain this information. The Siteowner is entitled to rely on this information to provide Paid-for Content. The User will also receive a randomly generated Password ("the Password") in a format specified by the Siteowner. The password is randomly generated and can then be modified by The User. The User shall not disclose the Password to any other person or entity and shall ensure that the Password remains confidential at all times. In the event that the User knows or has a reasonable suspicion that a third party knows the User's Password, the User shall notify the Siteowner immediately by contacting the Siteowner at [email address]. If the Siteowner has reasonable grounds for believing that the User has misused or is misusing the Password, the Siteowner may require the User to change the Password or may suspend the User's use of the access to the Site, including Paid-for Content, until such time as the Siteowner is satisfied that the security of the Site is no longer compromised by the User's activities.

Limitations on Use of the Site:

All content and services provided by the Siteowner belongs to the Siteowner [or is licensed to the Siteowner by licensors]. The Siteowner or its licensors, own all the intellectual property rights in the content and services. The content and services provided are solely for the personal use of the User and the User shall not sub-license, distribute, sell, supply, modify, adapt, amend, incorporate, merge, or otherwise alter any content or service provided under this Agreement. The User shall not remove or replicate any logo, copyright or proprietary notices, legends, symbols, labels, watermarks, signatures or any other like marks affixed to or embedded in the content or services. The User shall not carry out any act or omission or permit any act or omission to take place that infringes or is likely to infringe any intellectual property rights owned or used by the Siteowner or its licensors or otherwise relating to the Site.

Limitation of Liability and Indemnity:

The User expressly agrees that the use of, and browsing of the Site is at the User's own risk. Neither the Siteowner nor any other party involved in creating, producing or delivering the Site is liable for any direct, incidental, special, consequential, indirect or punitive damages arising out of the User's access to, or use of, or inability to use the Site or any linked site or for the cost of procurement of substitute goods or services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through the Site or resulting from any unauthorized access to or alteration of your transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible property including legal costs and expenses, even if the Siteowner has been advised of the possibility of such damages. The User expressly agrees that the downloading of any material from the Site is at the User's own risk. Neither the Siteowner nor any other party involved in creating, producing or delivering the Site is liable for any direct, incidental, special, consequential, indirect or punitive damages resulting from the User downloading material from the Site or any linked site, including but not limited to, damages for loss of profits, use, data or other intangible property including legal costs and expenses, even if the Siteowner has been advised of the possibility of such damages. Without limiting the foregoing, everything on the Site is provided to the User "as is" and "as available" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of satisfactory quality, fitness for a particular purpose or non-infringement.. While the Siteowner will use reasonable efforts to include accurate and up to date information on the Site, the Siteowner makes no warranties or representations as to its accuracy or completeness. The Siteowner is not responsible for any errors or omissions or for the results obtained from the use of such information. The information is provided with the understanding that the information does not constitute any form of advice, recommendation or arrangement by the Siteowner or its affiliates or any other party involved in the Site and is not intended to be relied upon by Users in making (or refraining from making) any decisions based on such information. The User must make their own decisions on whether or not to rely on any information posted on the Site. The Siteowner reserves the right to modify information displayed on this Site but it does not make any commitment to update the information displayed on this Site. No party who is involved in the workings of the Site will at any time be liable or responsible in any way for the content, including Paid-for Content, and information provided on or via the Site and for the User's use of the Site. From time to time the Siteowner will make available to the User links from the site to third party sites. These sites are not in any way approved, checked, edited, vetted or endorsed by the Siteowner and the User agrees that the Siteowner shall not be responsible or liable in any way for the content, advertising or products available from such sites, the quality, functionality, suitability or legality of such sites or for any dealings that the User may have, or the consequences of such dealings, with such third party site operators. Any arrangements made between the User and any third party named on the Siteowner's Site are at the User's sole risk and responsibility and the Siteowner expressly disclaims any liability for third party information or opinions posted on this Site or any linked Sites that arises under criminal or civil laws relating to defamation, intellectual property, infringement, privacy, obscenity, or any other area of law. Indemnity The User agrees to indemnify, keep indemnified, defend and hold the Siteowner and any parent companies, subsidiaries, affiliates and their respective officers, directors, employees, owners, agents, information providers and licensors harmless from and against any and all claims, damages, liability, losses, costs and expenses (including legal fees) (whether or not foreseeable or avoidable) incurred or suffered by any Indemnified Party and any claims or legal proceedings which are brought or threatened arising from the User's use of, connection with or conduct on the Site or any breach by the User of these terms. The Siteowner reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, and in such case, the User agrees to co-operate with the defense of such claim.

Consequences or Breach of these Terms:

In the event that the Siteowner considers or determines, in their complete discretion, that the User has breached, violated or contravened the Agreement or has otherwise demonstrated inappropriate conduct in the use of the Site or the content or services they reserve the absolute right to:
(a) warn the User that they have violated the Agreement and ask the User to discontinue such conduct;
(b) discontinue the User's membership of the site and/or any other related services, including Paid-for Content; and
(c) take measures (including terminating, suspending or restricting the User's use of the Site) to prevent the User from using the Site or linking to the Site.

Date of Last Revision: June 13, 2011

 

 

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This page was last updated on: May 16, 2012