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NADRA Terms of Use
1. Your Acceptance
1.1 By using and/or visiting this website (collectively, including all content and functionality available through the nadra.org domain name, the "NADRA Website", or "Website"), you signify your agreement to (1) these terms and conditions (the "Terms of Use"); (2) NADRA's privacy notice, found at http://www.nadra.org/privacy_policy.html and incorporated here by reference; (3) and all applicable local, national, and international laws and regulations. Further, you affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. NADRA reserves the right to discontinue any aspect of the NADRA Website at any time. If you do not agree to any of these terms, and/or the NADRA privacy notice, please do not use the NADRA Website.

1.2 Although we may attempt to notify you when major changes are made to these Terms of Use, you should periodically review the most up-to-date version http://www.nadra.org/terms_of_use.html). NADRA may, in its sole discretion, modify or revise these Terms of Use and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

2. NADRA Website
2.1 The Content on the NADRA Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to NADRA, subject to intellectual property rights under the law.

2.2 The Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. NADRA reserves all rights not expressly granted in and to the Website and the Content.

2.3 You understand that when using the NADRA Website, you will be exposed to Content from a variety of sources, and that NADRA is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against NADRA with respect thereto, and agree to indemnify and hold NADRA, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

2.4 You may access the NADRA Website and its Content only as permitted under this Agreement. You agree not to circumvent, disable or otherwise interfere with security-related features of the NADRA Website or features that prevent or restrict use or copying of any part of the NADRA Website or enforce limitations on use of the NADRA Website or any Content therein.

2.5 The NADRA Website may contain links to third party websites that are not owned or controlled by NADRA. NADRA has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, NADRA will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve NADRA from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the NADRA Website and to read the terms and conditions and privacy policy of each other website that you visit.

2.6 You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the NADRA servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, NADRA grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. NADRA reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. forums, comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to the Members Only section.

2.7 You agree not to distribute (in any medium) any part of the Website without NADRA's prior written authorization. You agree not to alter or modify any part of the Website, except as specifically permitted in any upload area, forums, bulletin boards and/or wiki boards.

2.8 You agree not to use the Website for any commercial use, without the prior written authorization of NADRA. Prohibited commercial uses include any of the following actions taken without NADRA's express approval: sale of access to the Website or its related services on another website; use of the Website or its related services for the primary purpose of gaining advertising or subscription revenue; sale of advertising, on the NADRA website or any third-party website, targeted to the content of the NADRA Website and/or its Members Only section; and use of the Website or its related services that NADRA finds, in its sole discretion, to use NADRA's resources with the effect of competing with or displacing the market for NADRA, NADRA Content, or its Members Only section.

3. Password Protected Areas
3.1 NADRA Members Only section is the password protected area of the Website intended for use by current NADRA members. The Members Only section contains privileged information intended only for NADRA members. Non-Members are not permitted to use the Members Only section of the Website. NADRA members may access the Members Only section solely through the login and password made available to them as a NADRA member, for their information and member use; and as intended through the normal functionality of the Website.

3.2 In order to access some features of the Website, such as forums, photo submission areas, bulletin boards, and the like, a user account must be created (hereinafter "Account"). When creating an Account, you must provide accurate and complete information.

3.3 NADRA Members and Account holders must keep their login and password information secure. Members and Account holders are solely responsible for the activity that occurs in the any password protected area of the Website through the use of their login and password. Members and Account holders must notify NADRA immediately of any breach of security or unauthorized use of their login and password. Although NADRA will not be liable for losses caused by any unauthorized use of a Member or Account holder login and password, a Member or Account holder may be liable for the losses to NADRA or others due to such unauthorized use.

4. Submission and Use of Content
4.1 As a NADRA Member and/or Account holder you may submit certain Content. You understand that whether or not such submitted Content is published, NADRA does not guarantee any confidentiality with respect to any Content.

4.2 You shall be solely responsible for your own conduct and the consequences of posting or publishing Content. In connection with Content that you submit, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize NADRA to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any submitted Content to enable inclusion and use of such Content in the manner contemplated by the Website and these Terms of Use.

4.3 For clarity, you retain all of your ownership rights in and to your submitted Content. However, by submitting Content to NADRA, you hereby grant NADRA a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform such Content in connection with the NADRA Website and NADRA's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the NADRA Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the NADRA Website a non-exclusive license to access your submitted Content through the Website, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Website and under these Terms of Use. The above licenses granted by you regarding your submitted Content are perpetual and irrevocable.

4.4 In connection with submitted Content, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant NADRA all of the license rights granted herein. NADRA does not permit copyright infringing activities and/or infringement of other intellectual property rights on its Website, and NADRA will remove any Content if properly notified that such Content infringes on another's intellectual property rights. You further agree that you will not, submit pornography, obscene or defamatory material, material of excessive length, and/or material that is contrary to applicable local, national, and international laws and regulations.

4.5 NADRA does not endorse any submitted Content or any opinion, recommendation, or advice expressed therein, and NADRA expressly disclaims any and all liability in connection with submitted Content. NADRA reserves the right to decide whether submitted Content is appropriate and complies with these Terms of Use. NADRA may remove any Content and/or terminate a Member's and/or User's access for uploading inappropriate material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.

5. Digital Millennium Copyright Act
5.1 If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

5.2 NADRA's designated Copyright Agent to receive notifications of claimed infringement is: Michael Beaudry, Executive Vice President, NADRA, P.O. Box 829, Quakertown, PA, 18951; email: copyright@nadra.org, fax: 888.623.7248. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to NADRA customer service through info@nadra.org. You acknowledge that if you fail to comply with all of the requirements of this Section 6, your DMCA notice may not be valid.

5.3 If you believe that Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the Content, you may send a counter-notice containing the following information to the Copyright Agent: your physical or electronic signature; identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Burns County, Pennsylvania, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

5.4 If a counter-notice is received by the Copyright Agent, NADRA may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at NADRA's sole discretion.

6. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE NADRA WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, NADRA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. NADRA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE NADRA WEBSITE. NADRA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE NADRA WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND NADRA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

7. Limitation of Liability
7.1 IN NO EVENT SHALL NADRA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE NADRA WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

7.2 YOU SPECIFICALLY ACKNOWLEDGE THAT NADRA SHALL NOT BE LIABLE FOR THE MEMBERS ONLY SECTION, ANY CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

7.3 The Website is controlled and offered by NADRA from its facilities in the United States of America. NADRA makes no representations that the NADRA Website is appropriate or available for use in other locations. Those who access or use the NADRA Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

8. Indemnity
You agree to defend, indemnify and hold harmless NADRA, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the NADRA Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the NADRA Website.

9. General
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by NADRA without restriction. You agree that: (i) the NADRA Website shall be deemed solely based in Pennsylvania; and (ii) the NADRA Website shall be deemed a passive website that does not give rise to personal jurisdiction over NADRA, either specific or general, in jurisdictions other than Pennsylvania. These Terms of Use shall be governed by the internal substantive laws of the State of Pennsylvania, without respect to its conflict of laws principles. Any claim or dispute between you and NADRA (other than as required under the DMCA) that arises in whole or in part from the NADRA Website shall be decided exclusively through an arbitration proceeding, according to the rules then in force through the American Arbitration Association. Such arbitration proceeding to take place in Burns County, Pennsylvania, the disposition of which may be enforced by any court of competent jurisdiction. These Terms of Use, together with any other legal notices published by NADRA on the Website, shall constitute the entire agreement between you and NADRA concerning the NADRA Website. If any provision of these Terms of Use is deemed invalid through an arbitration proceeding, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and NADRA's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. NADRA reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the NADRA Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND NADRA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE NADRA WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.


North American Deck and Railing Association - P.O. Box 829, Quakertown, PA 18951 - Phone: 215.679.4884 - Fax: 888.623.7248

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