Terms of Use

(Last Updated June, 2008)

1. Price and Payment

You agree to pay all fees and other charges in accordance with the stated registration fees for each event. You will have 30 days to pay any fees. If you do not pay the fees or other charges when they are due, NHRD may impose a finance charge of one and one half percent (1.5 %) plus $100 per month, or the maximum rate allowed by law if less. You are responsible for reporting and paying any applicable taxes. NHRD reserves the right to increase charges up to 10% annually to cover extra storage space needed as your customer and semester data accumulates.

2. Responsibilities of Parties

You shall be responsible for the adequacy and accuracy of all data that you furnish to NHRD. NHRD will make best efforts of data backup, but you are solely responsible for providing proof of registration data used in conjunction with the Services. NHRD will assign you one or more user IDs and passwords that will enable you to access the Services. You shall take reasonable precautions to protect against theft, loss or fraudulent use of such IDs and passwords. You agree that you will use the Services only for lawful purposes and in accordance with these Terms of Use ("this Agreement"). You will comply at all times with the NHRD privacy policy You shall not reverse engineer, disassemble or decompile the Services or cause or permit the reverse engineering, disassembly or decompilation of the Services.

3. No "Spamming" or Illegal Conduct

You will not use our Service for illegal activities or junk mail, chain letters, pyramid schemes, unsolicited commercial emails, "spam" or distribution to any person who has not given specific permission to be included in such a process. If you use our Service to spam or for illegal conduct, we may terminate your access to the Services and seek immediate legal recourse. We may also take any self help remedies necessary to prevent continued violations, including, but not limited to, deleting the contact information from your address book on behalf of those individuals who lodge complaints with us or our web hosting company. You are still responsible for full payment of your outstanding fees even if your access to the Service is terminated for spamming or other illegal conduct. It is your responsibility to research applicable laws in the jurisdiction of the recipients of your messages. If an investigation or cause of action is brought against NHRD as a result of your illegal emailing, you agree to reimburse NHRD in advance for its legal costs as well as indemnify NHRD for its legal damages.

4. Limitation of Liability

NHRD's liability to you and your clients, if applicable, for any recoverable losses or damages arising under this Agreement shall be limited to the amount of your actual direct damages, not to exceed (in the aggregate for all claims) the total amount paid under this Agreement during its then-current term. In no event will NHRD or any person or entity involved in the creation, manufacture or distribution of any software, services or other materials provided under this agreement be liable for: (i) any damages caused by your failure or that of your clients, employees, agents, affiliates or suppliers to perform their responsibilities; (ii) any claims or demands of third parties or (iii) any lost profits, loss of business, loss of use, loss of data, lost savings or other consequential, special, incidental, indirect, exemplary or punitive damages, even if NHRD has been advised of the possibility of such damages. NHRD will not be held responsible, or considered to have failed to meet its obligations under this agreement, if it either delays performance or fails to perform as a result of any cause beyond its reasonable control. These limitations of liability will survive and apply notwithstanding the failure of any limited or exclusive remedy for breach of warranty set forth in this Agreement.

5. Intellectual Property

You acknowledge that NHRD retains all copyright, trademark, trade secret, patent and other proprietary and intellectual property rights to the MAEPD website, and any or all modifications to the MAEPD website, related documentation and marketing materials regardless of (i) whether such intellectual property notices appear on the materials or (ii) whether such intellectual property notices have been filed with governmental agencies. Nothing in this Agreement will directly or indirectly be construed to assign or grant you any right of ownership, title or interest in the website, or any intellectual property rights relating thereto.

6. General

You may not assign or otherwise transfer any right or obligation set forth in this Agreement without NHRDs prior written consent. This Agreement will be binding upon the parties' respective successors and permitted assigns. The failure of either party to enforce any provision of these terms and conditions shall not be construed to be a waiver of such provisions, past, present or future. Any waiver granted hereunder must be in writing and signed by the party against whom it is sought to be enforced. The provisions of this Agreement shall be deemed severable, and the unenforceability of any one or more provisions shall not affect the enforceability of any other provisions.

7. Disclaimers

The content and functionality on the site is provided with the understanding that NHRD is not herein engaged in rendering professional advice and services to you. All content and functionality on the site is provided "as is," without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose. NHRD and its third-party content providers make no warranties, express or implied, as to the ownership, accuracy, or adequacy of the site content. NHRD shall have no liability or responsibility for any information published on linked web sites, contained in any content published on the site, or provided by third parties. Neither NHRD nor its third-party content providers shall be liable for any indirect, incidental, consequential, or punitive damages or for lost revenues or profits, whether or not advised of the possibility of such damages or losses and regardless of the theory of liability.