NCSHA Online Terms of Use
The following Terms of Use apply to all visitors or users (collectively, "you," "your" or "Users") of any National Council of State Housing Agencies ("NCSHA," "we" or "our") website to which these Terms are attached, and to any and all transactions and activities conducted on or through this site.  
 
BY ACCESSING THIS WEBSITE OR ACCESSING ANY OF THE PRODUCTS OR SERVICES AVAILABLE HEREUNDER, YOU SIGNIFY YOUR ACCEPTANCE OF THESE TERMS OF USE.  IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, YOU SHOULD IMMEDIATELY TERMINATE YOUR USE OF THIS SITE.
 
Use of this site constitutes your acknowledgement that these Terms of Use are supported by valuable consideration, including access to the features of this site and the data, materials and information posted hereon. It also includes your ability to use or display Submissions (as defined in Section 3 below) and the possible publicity and recognition you may receive from our use or display of your Submissions.
 
NCSHA reserves the right to change these Terms of Use from time to time in its discretion.  Upon any violation of these rules, NCSHA reserves the right to terminate your access to this site and to seek any other remedies available at law or in equity.  
 
You acknowledge and agree that from time to time this site or any features or services hereunder may be inaccessible or inoperable, without liability to us, due to (a) equipment malfunctions, (b) periodic maintenance or repairs, (c) site upgrades, or (d) causes beyond our control, including network outages.  You represent and warrant to NCSHA that you are over eighteen (18) years of age and that you will provide accurate and complete information to NCSHA when requested hereunder.
 
1.         LIMITED LICENSE
 
All information, text, materials, data, publications, images and designs, including but not limited to Submissions (collectively, "Content"), posted on this site is the copyrighted property of NCSHA or of its licensors or licensees.  All trademarks, service marks, trade names and trade dress are proprietary to us and/or our licensors or licensees.  We may change this site and add or delete Content at any time and in any manner in our discretion.
 
You may copy any Content or other materials published by NCSHA on this website solely for use within your organization (or if you are an NCSHA Member, your members' and associate members' organizations) in support of NCSHA's goals and purposes.  No other use of the Content on this site is authorized without the prior written consent of NCSHA.  Any and all downloads or other copies of our Content shall retain all copyright and other proprietary notices thereon in the same form as on the original and you may not modify, create derivative works of or use our Content in a way that may infer or imply any endorsement by the NCSHA.  
 
Except as specified above, nothing herein is intended to nor shall be deemed to confer upon you, by implication, estoppel or otherwise, any license or other right, title or interest in or to any Content, including but not limited to, any patent, trademark, copyright or other property interest of NCSHA. ALL RIGHTS ARE RESERVED FOR AND ON BEHALF OF NCSHA.
 
For clarification purposes, NCSHA does not make any claim of copyright as to any part of an original work prepared by a U.S. or state government officer or employee as part of that person's official duties. Copyright infringement is a violation of federal law and is subject to criminal and civil penalties.
 
2.         TRADEMARKS
 
The trademarks, logos and service marks (collectively, "Marks") displayed on this website are the property of NCSHA, its Members or third parties.  NCSHA and NATIONAL COUNCIL OF STATE HOUSING AGENCIES are registered service marks of NCSHA. You are not permitted to use these Marks without the prior written consent of NCSHA or any third party owner of a Mark.  NCSHA and the NCSHA logo are trademarks of NCSHA and the benefit of all uses thereof shall accrue solely to NCSHA.
 
3.         SUBMISSIONS
 
As used herein, the word "Submission" means any text, message, idea, concept, suggestion, comment, image, photograph, drawing, video, sound recording or criticism and any person's name, likeness, user name, profile, action, performance or biographical information and any other materials that you may submit, post, upload, embed, display, communicate or distribute on or through this site.
 
You agree that any Submissions you make are not made in confidence or trust and that no confidential or fiduciary relationship is thereby created between you and us and that you have no expectation of any review, compensation or consideration in exchange for a Submission. NO IMPLIED CONTRACT SHALL EXIST RELATING TO OUR USE, HANDLING OR RETENTION OF ANY SUBMISSIONS.
 
We may exploit, disclose, post, disseminate and/or discard any Submissions you may make to us without liability to you or to any other person for any exploitation, disclosure, posting, transfer or rejection of any Submissions.
 
You hereby grant to us and to our members, agents, representatives and transferees a perpetual, non-exclusive, irrevocable, royalty-free, transferable worldwide license under all copyrights, trademarks, patents, privacy and other intellectual property rights to use, copy, transmit, display, distribute, modify, perform and otherwise exploit any Submissions, in whole or in part, in all any and all formats and channels now known or hereafter devised for any and all purposes without prior notice to you, with or without attribution, and without any or payment to you or to any other person or entity (the "Submissions License").
 
By communicating a Submission, you represent and warrant that the Submission and your transmission thereof conform to our Acceptable Use Policy (as described in Section 5 below) and to all other provisions of these Terms of Use and that you own or otherwise have the right to exploit and distribute and to authorize us to exploit and distribute such Submission in any manner.
To the extent we solicit a Submission through functions of this site, including any Public Forums (as defined in Section 5 below) requiring the use of our copyrighted works, we hereby grant you a non-exclusive license to create a derivative work using our copyrighted works, if but only if, you assign all rights in and to any work you may create and transmit to us.
 
4.         PUBLIC FORUMS AND COMMUNITY MESSAGES
 
This site contains one or more areas or features that permit you to transmit and distribute Submissions for viewing by other users, including message boards, community spaces, blogs and/or community email functions.  You acknowledge that these forums and features are for public and not private communications and that you have no expectation of privacy with regard to any Submissions to any of these forums.  We do not offer or extend any assurance or expectation of security or privacy with regard to any information you may disclose through any of these media and all such disclosures are at your sole risk.
 
You are also solely responsible for any and all Submissions that you post, attach or distribute on or through this site or in any such public forum and you acknowledge and agree that we have no duty
to monitor or regulate any such forums, postings or communications.
 
NCSHA is not responsible for and does not endorse any opinions, advice or recommendations posted or sent by users in any public forum and we disclaim any and all liability in connection therewith.  We may refuse to post, deliver, permit, remove, modify, use or take any action with respect to any Submissions you may submit, post, communicate or distribute.
 
5.         ACCEPTABLE USE POLICY
 
By using this Site, you agree to conform to the following Acceptable Use Policy ("AUP"). Accordingly, you agree not to post, transmit or distribute any Submission or to take any other action that:
 
(a)        uploads, posts, emails, transmits or post links to any content, images or functionality that:

  •  is unlawful, harmful, threatening, vulgar, obscene, libelous or objectionable,
  • promotes illegal activity or contains false or misleading information;
  • exploits the images or discloses personal information of children under age 18,
  • contains software viruses, worms, trojan horses, time bombs, trap doors or any other computer code or programs designed to interrupt, destroy or limit the functionality of any hardware or software,
  • you do not have a right to access or transmit, including confidential information,
  • infringes any patent, trademark, trade secret, copyright or other proprietary rights; or
  • contains or links to any unsolicited advertising, promotions, junk mail, spam, chain letters, pyramid schemes or any other form of unauthorized solicitation.

 
(b)        Collects or stores personally identifying information about others for unauthorized purposes.
 
(c)        Impersonates any person or entity or falsely states or otherwise misrepresents your relationship with a person or entity or employs misleading information or email addresses.
 
(d)        Interferes with or disrupts the servers or networks connected to the site.
 
(e)        Decompiles, disassembles, modifies, adapts, reverse engineers, creates derivative works from, distributes or provides third party access to any Content on or accessible through the site.
 
(f)         you expressly acknowledge and agree that NCSHA may preserve or disclose any Content, data or Submission if required by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, enforce these Terms of Use, respond to any claims or protect the rights or property of NCSHA or any other persons or entities. 
 
(g)        You acknowledge and agree that any and all data collected and maintained by us with regard to this site may be disclosed in accordance with NCSHA's Privacy Policy.
 
6.         COOKIES
 
A cookie is a small data file that certain websites write to your hard drive when you visit them.  A cookie file can contain information that the site uses to track the pages you've visited, but the only personal information a cookie can contain is information you supply yourself.  A cookie cannot read data off your hard disk or read cookie files created by other sites.  We use cookies in order to determine the usefulness of information to our users and to see how effective our navigational structure is in helping users reach that information.  NCSHA does not correlate this information with data about individual users nor does it share this information or sell it to others.  If you prefer not to receive cookies, you can set your browser to warn you before accepting cookies and refuse the cookie when your browser alerts you to its presence.  You can also refuse all cookies by turning them off in your browser.  You do not need to have cookies turned on to use any portions of this site.
 
7.         LINKS TO THIRD PARTY SITES
 
This website may contain links to third party sites.  Access to any other site linked to this site is at your own risk and NCSHA is not responsible for the accuracy or reliability of any information, data, opinions, statements or materials made on any site we may link to.  NCSHA provides these links merely as a convenience and the inclusion of such links does not mean or imply that we endorse or recommend the products or services accessed through a linked site or any representation or warranty by us as to the accuracy or completeness of any information or materials contained on or accessed through such linked sites or the policies applicable thereto. Any information you provide to or which is collected by such sites will be subject to the policies of their operators. You should review those policies carefully as we are not responsible for the actions or policies of any linked sites or the operators thereof.
 
8.         DISCLAIMERS
 
Although NCSHA always strives to provide accurate information on this site, it assumes no responsibility for the accuracy of the information contained in or accessed through this site or the results of any use you may make of it. We may change the products, services, events or activities accessible on or through this site at any time without notice. Any reference to non-NCSHA products or services, including those of any NCSHA Members, is for information purposes only and does not constitute an endorsement or recommendation thereof nor a grant of any rights with regard thereto. 
 
You are responsible for the security, confidentiality and integrity of all messages, data and Submissions that you receive or transmit from or to us. You are also responsible for any authorized or unauthorized access to your account by any person and for the confidentiality of your password and any and all uses or charges incurred from the use of your password.
 
ALL INFORMATION, PRODUCTS AND SERVICES PROVIDED ON OR THROUGH THIS SITE ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS OR ANY WARRANTY ARISING FROM A COURSE OF DEALING OR PRACTICE. WE DO NOT WARRANT THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED OR THAT ANY SERVERS THAT HOST THIS SITE ARE FREE OF VIRUSES OR OTHER HARMLESS COMPONENTS. YOUR USE OF THIS SITE AND ANY SERVICES HEREUNDER ARE AT YOUR OWN RISK.
 
9.         LIMITATION OF LIABILITY; SOLE REMEDY
 
UNDER NO CIRCUMSTANCES SHALL NCSHA BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS SITE OR TO ANY PRODUCTS, SERVICES OR ACTIVITIES PURCHASED, SUBSCRIBED TO OR PARTICIPATED IN HEREUNDER. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY AND ALL CLAIMS AND LOSSES RELATING TO THIS SITE SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THIS SITE AND ANY PRODUCTS OR SERVICES AVAILABLE HEREUNDER. 
 
YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR TO THIS SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR BE PERMANENTLY BARRED.
 
10.        INDEMNIFICATION
 
You agree to indemnify and hold harmless NCSHA, and its officers, directors, employees, members, agents and representatives, from and against any and all actions, causes, claims, damages, debts, demands and liabilities, including any and all costs and attorneys' fees, asserted against any such indemnified parties arising out of or relating to (a) your use of this site or any NCSHA products, services, activities or Content accessed hereunder, (b) any negligent or wrongful action or omission by you or by anyone on your behalf, and (c) any violation of these Terms of Use or our Acceptable Use Policy. 
 
11.        COPYRIGHT INFRINGEMENT CLAIMS
 
NCSHA has adopted and implemented a policy governing any claim that Content found on or through this site infringes the copyright or other right or interest of any person. This policy incorporates the requirements of the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C.A. § 512 and can be found on the home page under the link entitled "Designated Agent Notice." The Designated Agent is the NCSHA staff member who is designated to receive and process any copyright infringement claims relating to this site.
 
12.        GOVERNING LAW; JURISDICTION; ATTORNEYS' FEES 
 
These Terms of Use, your use of this site and all events and transactions hereunder shall be governed by the laws of the District of Columbia, without regard to principles of conflicts of law. Exclusive jurisdiction and venue for any and all actions or proceedings relating hereto shall lie solely in the state or federal courts located in the District of Columbia, jurisdiction to which is hereby consented by you. ANY AND ALL SUCH ACTIONS SHALL BE TRIED BY THE COURT SITTING WITHOUT A JURY AND THE PARTIES IRREVOCABLY WAIVE ANY RIGHTS TO A TRIAL BY JURY. In any action or proceeding in which NCSHA prevails, NCSHA shall be entitled to recovery of all of its costs and expenses, including attorneys' fees.
 
13.        AMENDMENTS
 
NCSHA reserves the right, at any time and without notice, to add to or modify any of these Terms of Use and any Content or policies relating hereto simply by posting such amended terms hereon. Any and all such amendments shall govern all uses, actions, events and transactions by you relating to this site or any other services hereunder after the date of such posting. Your access, link to or use of this site or your conduct of any transaction or activity hereunder after the posting date of such amendment shall constitute your acceptance of such amended terms. 
 
14.        WAIVER; SEVERABILITY
 
Any delay or failure by NCSHA in exercising or enforcing any right or remedy hereunder shall not constitute or be deemed a waiver of such right or remedy or any future exercise of the same or similar right or remedy. If any provision of this Agreement is held to be invalid or unenforceable, the invalid portion shall be severed and all other terms and conditions hereof shall remain in full force and effect.
 
Last Update:     December 1, 2009