Terms and Conditions

NAIHBR.org Terms of Service

 

IMPORTANT! THESE TERMS OF SERVICE GOVERN YOUR USE OF THIS SITE AND ITS RELATED PRODUCTS, SOFTWARE, SERVICES, CONTENT, WEB SITES AND/OR MOBILE APPLICATIONS, WHICH ARE PROVIDED BY THE NATIONAL ASSOCIATION OF INDEPENDENT HOME BUILDERS AND REMODELERS (NAIHBR).  BY ACCESSING THIS SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF SERVICE.  THESE TERMS OF SERVICE ARE SUBJECT TO CHANGE BY NAIHBR AT ANY TIME IN ITS SOLE DISCRETION.  YOUR USE OF THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES.  PLEASE CONSULT THESE TERMS OF SERVICE REGULARLY.

For purposes of these Terms of Service (the “Terms”), the following definitions apply:

  • “Content” means any written text, documents, data files, photographs, images, video or audio files, links or any other information provided by NAIHBR or its third party licensors, sponsors, or affiliates on any of our Sites or in our mobile applications.
  • Content created by a user is referred to as “User Generated Content.”
  • “Laws” refers to any and all applicable federal, state, local or foreign laws, rules, regulations, statutes, codes or ordinances.
  • Computer viruses, malware, spyware, grayware, adware, rootkits, Trojan horses, worms, cancelbots, botnets or any other similar software or code is referred to collectively as “Malware.”
  • NAIHBR’s products, software, services, Content, User Generated Content, Sites and mobile applications are collectively referred to as the “Services.”
  • NAIHBR’s web sites are referred to as the “Sites.”
  • Third party content, including advertising or hyperlinks to other web sites or content which are part of the Services, are referred to collectively as “Third Party Content.”
  • Any third party software, services or components included in the Services are referred to as “Third Party Components.”

Your use of NAIHBR’s Services is subject to these Terms.  These Terms apply to all of the Services and are subject to change from time to time in the sole and absolute discretion of NAIHBR.  These Terms constitute a legally binding agreement between you and NAIHBR regarding your use of the Services.  NAIHBR may use affiliated or subsidiary entities to provide some or all of the Services to you.  In such event you agree that such affiliated or subsidiary entities may provide such Services and that your use of the Services continues to be bound by the Terms.  You should print or save a local copy of these Terms for your records.

  1. Acceptance and Use.
    • You may not use any of the Services unless you accept the Terms. Your use of any of the Services constitutes your acceptance of the Terms.
    • You may not use any of the Services if any applicable Laws bar you from receiving or using the Services for any reason.
    • You agree that you will use the Services only as permitted by the Terms and all applicable Laws.
    • You agree that you will not upload any User Generated Content which violates any Laws, or which contains any Malware, scripts, SQL queries, programming code or any defamatory, libelous, infringing, illegal, threatening, harassing, violent, harmful, obscene or pornographic material. User Generated Content includes anything you upload to any of our Sites or send to us, including, without limitation, documents, data files, written text, photographs, images, video, audio or any other files and/or information, for posting to our Sites or otherwise, regardless of whether you or someone else created the work.
    • You agree that you will not:
      • Access or attempt to access the Services or any data therein by any means other than through the visible user interface provided by NAIHBR, in the manner stated on such interface and for the purpose(s) expressly permitted by NAIHBR;
      • Engage in any activity which disrupts, or is intended to disrupt, the normal function and operation of the Services, the network that the Services operate on or through, or the servers on which the Services or any portion thereof are stored or running, including but not limited to attempting to overload the network capacity thereof;
      • Attempt to penetrate, gain control over, seek or exploit any known or unknown flaw or vulnerability in any portion of the Services, the underlying software or Sites, or the servers on which any portion of the Services are running or in which any portion of the data of the Services or any Content or User Generated Content is stored;
      • Copy, reproduce, duplicate, modify, sell, trade or resell the Services or any Content or User Generated Content other than your User Generated Content for any purpose;
      • Post, email, text or otherwise make available on the Services your personal information (except where specifically requested by the Services) including, but not limited to, financial information, social security number and/or driver’s license number.
      • Post, send or transmit unsolicited messages, including but not limited to advertising, promotional material, junk mail or chain letters, whether by email, text message, posting or otherwise; or
      • Forge or “spoof” any portion or all of any TCP-IP packet and/or email header which you send to us or to any person or entity using any portion of the Services;
      • Interfere with or disrupt the Services, or any portion thereof, through the use of web crawlers, bulk downloaders, scripts or otherwise; or
      • Stalk, abuse, threaten or otherwise harass any other user of the Services.
    • You agree that your data may be used in accordance with NAIHBR’s Privacy Statement. This Privacy Statement explains how we treat your personal information and protect your privacy when you use the Services.  By using the Sites or any of the Services, you agree to the use of your data in accordance with our Privacy Statement.
    • If you elect to have NAIHBR remove the ads on your listing(s), replace the ads on your listing(s) or replace the ads on the listing(s) of another user, where permitted, then the NAIHBR Advertising Removal Terms of Service, the NAIHBR Advertising Replacement Terms of Service or the NAIHBR Third Party Advertising Replacement Terms of Service will also apply. You may not elect to both remove the ads on your listing(s) and replace the ads on your listing(s).
    • From time to time, NAIHBR may make changes to these Terms. In such event, NAIHBR will make the new Terms available on or through the Services.  Your use of any of the Services after the date on which NAIHBR changes the Terms constitutes your acceptance of the new Terms.

 

  1. Services
    • From time to time and in its sole and absolute discretion, NAIHBR may, without prior notice to you,
      • cease to provide all or any portion of the Services,
      • change the Services,
      • add or remove features to the Services, or
      • otherwise change the manner in which the Services are provided or available for use.
    • NAIHBR may, from time to time and in its sole and absolute discretion, with or without notice, modify, limit access to, disable or delete your account, prevent access to the Services or otherwise modify in any manner your account or your access to the Services. You acknowledge and agree that if NAIHBR disables access to your account, you may be prevented from accessing the Services, your account details, or any files, data or other User Generated Content which is contained in your account.
    • NAIHBR may, from time to time and in its sole and absolute discretion, set a limit on files, data, information or other content stored, sent or received in, on or through the Services.
    • You agree that, when required by NAIHBR, you will provide information about yourself, such as your name or contact information, and that any information you provide to NAIHBR shall be accurate and complete and you will promptly notify us of any changes to that information. If NAIHBR believes the information you provide is not correct, current, or complete, NAIHBR has the right to refuse you access to the Sites or any of the Services, and/or to terminate or suspend your access at any time.
    • You acknowledge and agree that NAIHBR shall have no liability for any or all User Generated Content on, in or uploaded to the Services or which you may access or have access to through the Services. Content, including but not limited to advertisements and sponsored Content, may be owned by NAIHBR or third parties and may be protected by various intellectual property rights.  You may not modify, sell, rent, lease, distribute, display, give or create derivative works from the Content, User Generated Content or any portion thereof, except for your User Generated Content.  NAIHBR does not in any way represent or warrant that any User Generated Content uploaded by you will be compatible with or displayed on or in any or all of the Services.
    • You acknowledge and agree that none of NAIHBR, its licensors, affiliates or subsidiaries shall have any liability whatsoever in the event that any portion or all of the Content and/or User Generated Content is lost, corrupted or rendered inaccessible for any reason, including but not limited to error on your part, error on the part of NAIHBR, error on the part of a third party, equipment failure, network outage, power outage, Malware, or any intrusion, hack or attack by any person.
    • NAIHBR shall have the right, but not the obligation, to screen, review, approve, reject, filter, modify, refuse or remove any User Generated Content and/or Content from any portion or all of the Services at any time, for any reason and without notice.
    • NAIHBR may store all or any portion of the Content and/or User Generated Content on servers owned, leased, operated or used by NAIHBR, including virtual servers, and/or servers owned and/or maintained by third parties. NAIHBR may backup any or all of the Content and/or User Generated Content to media including but not limited to hard drives, flash drives, optical disks and magnetic tape, and/or to online and/or offsite backup service(s) owned by NAIHBR and/or third parties.
    • You acknowledge and agree that you shall be solely responsible and liable for, and NAIHBR shall have no responsibility or liability for, all User Generated Content you create, upload, send, transmit or display to or during your use of the Services.
    • From time to time, NAIHBR may update the Services or the software that provides the Services, and may cause updates to be automatically downloaded to you. You agree to allow, receive and install any such updates.  Portions or all of the Services may be unavailable during such update(s) and your failure to download and install the updates may cause the Services to fail and/or prevent you from accessing some or all of the Services.
    • As described in our Privacy Statement, portions or all of the Services may place cookies (small text files) on your computer during your use of the Services. You may delete these cookies or refuse to accept them, but in that case certain portions or all of the Services may not function properly or may not function at all.
    • NAIHBR and/or third parties may place advertising on some or all of the Services, and such advertising may change from time to time without any prior notice to you. Such advertising may be targeted to the information being provided to you and/or which you have provided to NAIHBR.  You agree that your use of the Services may include such advertising, unless otherwise provided by the terms of any subsequent written agreement between you and NAIHBR.

 

  1. Termination
    • You may cease to use the Services at any time.
    • You may terminate your legal agreement with NAIHBR by written notice (and not by email) delivered to NAIHBR.
    • NAIHBR may terminate its legal agreement with you at any time if:
      • You breach any of the provisions of the Terms, NAIHBR suspects that you have breached any of the provisions of the Terms or you act in such a manner as to show that you do not intend to or are unable to comply with the provisions of the Terms,
      • It is required to do so by law,
      • Your relationship with NAIHBR is through or with a partner of NAIHBR, and that partner terminates its relationship with NAIHBR, or
      • NAIHBR ceases to provide the Services for any reason or no reason, in its sole and absolute discretion.
    • If you or NAIHBR terminates the legal agreement between you and it, then you may no longer use any and all of the Services and you will lose all access to all Content and User Generated Content.
    • NAIHBR shall have no obligation to remove or otherwise delete any User Generated Content uploaded by you upon termination, nor shall it have any obligation to send copies of any Content or User Generated Content to you.
    • The following Sections of the Terms shall survive termination indefinitely: 1, 4, 5, 7, 8, 9, and 10.

 

  1. Rights
    • You acknowledge and agree that NAIHBR, its subsidiaries and/or affiliated entities and/or its licensors and/or third parties own all of the legal right, title and interest in and to the Services, including but not limited to all intellectual property rights pertaining thereto, whether registered or not and wherever in the world such rights may exist. The Services may contain confidential information, and if so, you agree not to disclose any such confidential information without the prior written permission of NAIHBR.
    • Neither these Terms nor your use of the Services gives you any right to use any of NAIHBR’s trade names, trademarks, service marks, logos, emblems, domain names or any other mark or distinctive feature of NAIHBR, and you agree not to so use any of such items without obtaining, in each case, NAIHBR’s prior written permission.
    • You agree not to remove, alter, obscure or replace any rights notices on or in the Services, including but not limited to copyright or trademark notices.
    • Any User Generated Content you create, upload, send or transmit to or during your use of the Services shall remain the property of its owner, whether that owner is you or a third party. NAIHBR shall have no obligation whatsoever to protect or defend any rights or ownership interests in any User Generated Content, nor shall NAIHBR have any obligation whatsoever to verify the right of any party to create, upload, send or transmit any User Generated Content.
    • You may not directly or indirectly decompile, disassemble, reverse engineer, copy, download, save, modify or create derivative works from the Services or any part thereof or assist or allow any other person(s) to do so.

 

  1. Limited License
    • When you submit, upload, post, transmit, send or otherwise put or modify User Generated Content on, to or in the Services, and in consideration for NAIHBR allowing you to do so, you grant NAIHBR a perpetual, irrevocable, worldwide, royalty free and non-exclusive license to use, reproduce, distribute, modify, translate, copy, transmit, publish, publicly perform and publicly display such User Generated Content, to create derivative works therefrom and to own all of the rights to any such derivative works created therefrom. You agree that this license includes the right of NAIHBR to make such User Generated Content available to its subsidiaries and/or affiliated entities and/or any other person and/or entity with which NAIHBR has a relationship in the provision of the Services, for such person’s and/or entity’s use in the provision of the Services.
    • You acknowledge, agree and authorize NAIHBR to transmit or distribute the User Generated Content over public or private networks, with or without encryption, or to distribute it in any other form or on any media whatsoever, and/or to modify, change, reformat, adapt, convert or translate your User Generated Content as it deems necessary or desirable. You agree that the license granted above shall permit and allow any and all of the foregoing.
    • You represent and warrant that you have all of the rights, power and authority required to grant the license stated above, and you agree to indemnify and hold NAIHBR harmless from any breach of this representation and warranty and for any liabilities, damages, costs, or expenses (including attorneys’ fees and court costs) caused thereby or therefrom.

 

  1. Security
    • You acknowledge and agree that you are solely responsible for maintaining the confidentiality of any passwords, user names, email addresses and/or other access credentials associated with any account(s) you create, have or use for accessing or using the Services, and you acknowledge and agree that the use of the Services by you or others accessing your account(s) are your sole responsibility and liability. You acknowledge and agree that you are solely responsible for all activities which take place under your account(s) and that NAIHBR shall have no liability for any loss or damage arising out of the unauthorized use of your account(s).
    • If you know or believe that your account is being used without your permission, you agree to inform NAIHBR immediately and in writing to the address stated hereinbelow.

 

  1. Disclaimer of Warranties and Limitation of Liability
    • You acknowledge and agree that you are solely responsible and liable for, and agree to indemnify and hold NAIHBR harmless from, any breach of your obligations under the Terms and for any liabilities, damages, costs or expenses (including attorneys’ fees and court costs) caused thereby or therefrom.
    • YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE.”
    • Except to the extent limited by applicable law,
      • NAIHBR AND ITS LICENSORS, LICENSEES, SUBSIDIARIES AND AFFILIATES DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT YOU WILL HAVE TIMELY, SECURE OR UNINTERRUPTED USE OF THE SERVICES, THAT NO CONTENT OR USER GENERATED CONTENT WILL BE CORRUPTED, LOST AND/OR MODIFIED, THAT ANY INFORMATION YOU OBTAIN FROM THE SERVICES IS ACCURATE, COMPLETE, CURRENT OR FREE FROM ERRORS, OR THAT IT OR THEY WILL CORRECT OR REMEDY ANY KNOWN OR UNKNOWN DEFECTS, DEFICIENCIES, BUGS, ERRORS OR LIMITATIONS IN THE SERVICES AND/OR IN THE CONTENT AND/OR USER GENERATED CONTENT AT ANY TIME.
      • YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR ANY MATERIAL OR CONTENT THAT YOU ACCESS, VIEW AND/OR DOWNLOAD FROM OR THROUGH THE SERVICES, AND NONE OF NAIHBR, ITS LICENSORS, LICENSEES, SUBSIDIARIES AND AFFILIATES SHALL HAVE ANY LIABILITY FOR ANY DAMAGE TO YOUR COMPUTER, NETWORK, DATA, SOFTWARE OR ANY OTHER PROPERTY OF YOURS RESULTING FROM ACCESSING, VIEWING AND/OR DOWNLOADING ANY MATERIAL OR CONTENT OR FROM ANY MALWARE WHICH MAY BE OR BECOME, INTENTIONALLY OR UNINTENTIONALLY, KNOWN OR UNKNOWN, IN, ON OR PART OF ANY HARDWARE, FIRMWARE, SOFTWARE OR OTHER PRODUCTS OR ANY PORTION OR ALL OF THE SERVICES.
      • YOUR SUBMISSION OF INFORMATION TO NAIHBR OR ANY PORTION OF THE SERVICES IS AT YOUR SOLE RISK AND NAIHBR DISCLAIMS ANY AND ALL LIABILITY FOR ANY LOSS, DAMAGE OR LIABILITY RELATING TO SUCH INFORMATION OR SUBMISSION IN ANY MANNER. NAIHBR SHALL HAVE NO LIABILITY TO YOU IF ANY CONTENT OR USER GENERATED CONTENT IS FOUND TO BE OFFENSIVE, INDECENT OR OBJECTIONABLE.
      • NO STATEMENT, WHETHER ORAL OR WRITTEN, BY ANY EMPLOYEE, OFFICER, MANAGER, MEMBER, PARTNER, AGENT OR REPRESENTATIVE OF NAIHBR, NOR ANY STATEMENT ON ANY OF THE SERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
      • NAIHBR AND ITS LICENSORS, LICENSEES, SUBSIDIARIES AND AFFILIATES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, OR ANY OTHER WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OR TRADE PRACTICE.
    • NONE OF NAIHBR, ITS OFFICERS, MEMBERS, MANAGERS, EMPLYEES, AGENTS, CONTRACTORS, LICENSORS, LICENSEES, SUBSIDIARIES OR AFFILIATES SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, REGARDLESS OF HOW CAUSED OR UNDER ANY THEORY OF LIABILITY, EVEN IF ANY OF THEM ARE ADVISED OR SHOULD BE AWARE OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF BUSINESS, BUSINESS INTERRUPTION, LOSS OF GOODWILL OR REPUTATION, LOSS OF DATA, THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING OR SPONSOR, OR ANY OTHER TANGIBLE OR INTANGIBLE LOSS OR DAMAGE, FROM THE SERVICES, THE UNAVAILABILITY OF THE SERVICES, THE ACCURACY OF ANY INFORMATION, CONTENT OR USER GENERATED CONTENT, THE LOSS OR CORRUPTION OF ANY INFORMATION, CONTENT OR USER GENERATED CONTENT, THE FAILURE OF YOUR PASSWORD OR ACCOUNT TO REMAIN SECURE OR CONFIDENTIAL, OR IN ANY OTHER MANNER OR FROM ANY OTHER CAUSE WHATSOEVER.

 

  1. Third Party Content and Links
    • NAIHBR may or may not have any control over Third Party Content.
    • You acknowledge and agree that NAIHBR shall have absolutely no liability for any Third Party Content, regardless of any reliance by you thereon, and you also acknowledge and agree that NAIHBR does not endorse any Third Party Content.

 

  1. Digital Millennium Copyright Act
    • NAIHBR takes intellectual property rights very seriously and demands the same from you. If you are a copyright owner and have a good faith belief that any material posted on or through the Services infringes on your copyright(s), then pursuant to the Digital Millennium Copyright Act (“DMCA”), all claims of copyright infringement for material that is believed to be residing on NAIHBR’s network or servers should be promptly sent in the form of written (and not by email) notice to the Designated Agent for DMCA Notices as follows: Brandivation LLC, Attn: DMCA Agent, 333 S. Wabash – 27th Floor, Chicago, IL 60604, and follow the instructions in these Terms.
    • How to Report A Claim of Infringement:
      • If you believe any person has posted material that infringes your copyright rights, you (“Complaining Party”) must provide a notification of a claimed copyright infringement to NAIHBR as provided above which must include the following information:
        • A physical or electronic signature of the copyright owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been 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 on 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 NAIHBR to locate the material.
        • Information reasonably sufficient to permit NAIHBR to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
        • 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.
        • A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner, or are authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
      • Failure to submit copyright infringement notification as described above will result in no legal notice or action on behalf of NAIHBR.
    • How to Make a Counter Notification:
      • If you are a NAIHBR user and you feel that material you have placed online that has been removed following an infringement complaint is in fact not an infringement, you may file a counter notification. The counter notification must be written and addressed to NAIHBR as provided above and must provide the following information:
        • A physical or electronic signature of the subscriber.
        • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
        • A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
        • Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which you are located, or if your address is outside of the United States, then Chicago, Illinois, and that you will accept service of process from the Complaining Party or an agent of such person.
      • NAIHBR is not required to respond to counter notifications that do not meet the requirements above.
      • NAIHBR will present your counter notification to the Complaining Party. Once your counter notification has been delivered, NAIHBR will restore the removed material in no less than 10 business days, nor more than 14 business days, unless the Complaining Party notifies NAIHBR that it has filed an action seeking a court order to restrain you from engaging in infringing activity related to the material on NAIHBR’s system or network.
    • Misrepresentations:
      • Any person who knowingly materially misrepresents under this Section:
        • that material or activity is infringing, or
        • that material or activity was removed or disabled by mistake or misidentification
      • shall be liable for any damages, including costs and attorney’s fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by NAIHBR, who is injured by such misrepresentation, as the result of NAIHBR relying upon such misrepresentations in removing or disabling access to such material or in replacing or ceasing to disable access to it.
    • NAIHBR reserves the right to terminate the account(s) of any person or entity who, in the determination of NAIHBR, is deemed to be a repeat infringer.

 

  1. Miscellaneous
    • Your use of Third Party Components may be subject to separate terms between you and the provider of such Third Party Components. However, in the event of a conflict between the terms for a Third Party Component provider and these Terms, these Terms shall prevail.
    • When using a mobile device, be aware that viewing and/or downloading videos, images and other Content or User Generated Content may use a material amount of data. You are responsible for any data usage charges imposed by your carrier.
    • These Terms constitute the entire agreement between you and NAIHBR, and supersede any and all prior understandings and agreements, whether written or oral, that may relate to its subject matter.  You acknowledge and agree that NAIHBR’s subsidiary and affiliated entities and licensors are third party beneficiaries of these Terms and shall be entitled to enforce these Terms directly and to rely on the provisions of these Terms, but otherwise these Terms are not intended to and shall not be construed to confer upon any person or entity other than a party hereto any rights, benefits or remedies hereunder.
    • NAIHBR may provide copies of the Terms in languages other than English. If so, then you agree that such translation(s) is/are provided for your convenience only and that the English language version of the Terms will govern your relationship with NAIHBR.  If there are any discrepancies between the Terms in English and the Terms in any other language, the Terms in English shall control.
    • You acknowledge and agree that NAIHBR may provide you with notices, including but not limited to notices regarding changes to the Terms, by email, U.S. Mail, postings on any portion or all of the Services or in any other manner as it may determine in its sole and absolute discretion.
    • These Terms are non-exclusive. These Terms may not be assigned by you, but may be assigned by NAIHBR.
    • If any provision in these Terms shall be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions hereof will not in any way be affected or impaired thereby.  If any provision of these Terms is deemed unenforceable, but such provision may be made enforceable by modification, then the provision shall be modified and enforceable to the fullest extent permissible by law.  The parties authorize any court of competent jurisdiction to modify the provisions contained in these Terms to the extent necessary to make each of them enforceable.
    • The failure of NAIHBR to enforce any provision of these Terms shall not be deemed a waiver of such provision or of the right of NAIHBR thereafter to enforce such provision or any other provision.
    • NAIHBR shall not be liable for any outage of or loss of access to any portion or all of the Services, including but not limited to such caused by acts of God, fire or other disaster, telecommunications failure, power failure, Internet failure, war, civil disturbances, governmental acts or acts of terrorism.
    • These Terms shall be governed by the laws of the State of Illinois and the United States, without consideration of any other state’s or government’s choice of law provisions.  Any action to enforce these Terms, other than an action under the DMCA which is required to be filed in another federal jurisdiction, shall be brought in a state or federal court located in Cook County, Illinois. You agree that in the event of a breach of these Terms, damages cannot adequately and sufficiently compensate NAIHBR and that injunctive relief is essential for the protection of NAIHBR.  You therefore agree that in the event of a breach of these Terms by you, NAIHBR shall be entitled to obtain (and you hereby consent to) injunctive relief against you, without bond but upon due notice, in addition to such further or other relief as may be available at law or in equity.  You expressly agree to waive any and all claims for damages by reason of the issuance of any such injunction, and in the event of the wrongful issuance of such injunction your sole remedy shall be the dissolution of such injunction, if such is warranted upon hearing duly had.  Obtaining any such injunction by NAIHBR shall not be considered an election of remedies or a waiver of any right NAIHBR may have at law or in equity.
    • Your use of the Service may include the ability to make electronic transactions. You acknowledge and agree that you are liable for any electronic transactions you make and you agree to be bound by and pay for any such electronic transactions.
    • The headings in these Terms are inserted for convenience of reference only, are not intended to be a part of these Terms and shall have no effect on the meaning or interpretation of these Terms.
    • As used in these Terms, the singular shall be read as the plural and the plural shall be read as the singular, as required by the context and the facts.
    • If NAIHBR prevails in any suit for a breach of any of the provisions of these Terms, it shall be entitled to recover from you its costs and expenses, including reasonable attorneys’ fees.

 

Last updated:  June 19, 2017

NAIHBR National Association of Independent Home Owners and Remodelers

Contact Info

401 North Michigan Ave., Suite 1200, Chicago, IL 60611

(855) 733-8100
[email protected]

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