Website usage terms and conditions
1. Parties and Definitions
The terms “UMAdvisory,” “UMA,”NWP Services Corporation” or “NWP,” or “us”, “our” or “we” refers to the owner of the website whose registered office is 535 Anton Boulevard, Suite 1100, Costa Mesa, California 92626.
The term “you” refers to you as a user of our website.
A “user” is a person who in any way uses our website.
This Agreement is legally binding and is between you and us.
To use our website, you must be 18 years or older and have the legal authority to enter into this Agreement. You may not use our website if you are a non- UMA member, a competitor of NWP Services Corporation or if we have banned you from our website.
You must agree to keep discussions broad based, as appropriate, and not use the forums for self-promotion, sales efforts, endorsement, or disparagement of others, or act in an otherwise inappropriate manner. It is in our sole discretion to determine if you have violated this Agreement. Any content determined to be violation of this Agreement will be removed and your access to UMAdvisory.org and other affiliated applicable websites may be revoked. We may terminate your right to use our website at any time, for any reason and without notice.
Your use of our website is at your own risk, including the risk that you might be exposed to content that is offensive, inaccurate, or otherwise inappropriate.
The content of the pages of this website is for your general information and use only. It is subject to change without notice. Our website may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability to you.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, performance, completeness or suitability of the information found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Your use of any information or materials on our website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through our website meet your specific requirements.
You may create an account and provide certain information about yourself in order to use some of the features that are offered through our website. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
This website is the property of the UMA. Any distribution or reproduction without the consent of UMA is strictly prohibited.. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, content and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
Unauthorized use of this website will result in a user’s access being immediately revoked.
You alone are responsible for the content you post or upload to our website, and once published, it cannot always be withdrawn. You assume all risks associated with the content that you publish, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in the content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of the content you publish as described herein. You may not imply that the content you publish on our website is in any way sponsored or endorsed by NWP or UM Advisory.
You may expose yourself to liability if, for example, the content you post contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, or any other intellectual property or proprietary right; contains material that is illegal.
We may use the content you publish on our website for any purpose and at our sole discretion, including but not limited to publicly displaying it, reformatting it, incorporating it into other works, creating derivative works from it, promoting it, or distributing it. As such, you hereby irrevocably grant us world-wide, non-exclusive, royalty-free, sublicensable, transferable rights to use all of the content you publish on our website for any purpose. You also irrevocably grant the users of our website to access the content you publish in connection with their use of our website. Finally, you irrevocably waive, and cause to be waived, against NWP, UM Advisory and our users any claims and assertions of moral rights or attribution with respect to the content that you publish on our website.
From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the external linked website(s). We have no responsibility for the content of the linked website(s).
Your use of this website and any dispute arising out of such use of the website is subject to the laws of the United States of America.
You agree to indemnify, defend, and hold NWP, its shareholders, its subsidiaries, affiliates, any related companies, customers, suppliers, licensors and partners, UM Advisory, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of our website, (ii) your violation of the Agreement, (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. NWP reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of NWP. NWP will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
This Agreement contains the entire agreement between you and us regarding the use of our website. No prior written or oral agreements between us and you are part of this Agreement and do not govern your use of our website. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in this Agreement.
Any failure on our part to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right. Our failure to exercise any right provided for in this Agreement or at law shall not be deemed a waiver of any further rights.
If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Agreement shall otherwise remain in full force and effect and enforceable.
This Agreement is not assignable, transferable or sublicensable by you except with NWP’s prior written consent, but may be assigned or transferred by us without restriction. Any assignment attempted to be made in violation of the Agreement shall be void.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
4. Waiver of Warranties and Liability
We expressly disclaim all warranties, whether express or implied.
Your sole and exclusive right and remedy in case of dissatisfaction with the site, related services, or any other grievance shall be your termination and discontinuation of access to, or use of our website.
Our maximum aggregate liability to you for losses or damages that you suffer in connection with the site or these terms is limited to the amount paid, if any, by you to us for use of this website in the 1 month prior to the action giving rise to liability.
We disclaim liability for, and you agree not to seek, any (I) indirect, special, incidental, punitive, exemplary, reliance, or consequential damages, (II) loss of profits, (III) business interruption, (IV) reputational harm, or (V) loss of information or data.
5. Choice of Law and Venue
The laws of California, U.S.A., excluding California’s conflict of laws rules, will govern this Agreement, as well as any claim, cause of action or dispute that might arise between you and us regarding the website or this Agreement. All claims arising out of or relating to the website and this Agreement will be litigated exclusively in the federal or state courts of Orange County, California, USA, and you and NWP consent to personal jurisdiction in those courts.
6. Amendments to the Usage Terms and Conditions
We may modify this Agreement from time to time. You should look at the Agreement regularly. In the event we amend this Agreement, we will publish notice on our website of the changes in terms and conditions. If you do not agree to the modified terms of the Agreement, you should discontinue this website. Your continued use of our website shall be deemed as your acceptance of any amendments to the Agreement. This Agreement does not create any third party beneficiary rights. If it turns out that a particular term is not enforceable, this will not affect any other terms.