By accessing, browsing and/or using the pages in the National Private Truck Council's (NPTC's) website, and any services contained within the website, you agree to these terms and conditions. If you do not agree, you should not access the site.
1.0 Copyrighted information
The pages on the NPTC website may contain other proprietary notices or copyright information, the terms of which must be observed and followed. All information, text, articles, data, images, or other works of authorship (hereinafter "Works") contained on any page of NPTC's website are copyrighted by the National Private Truck Council, Inc. or a third-party (the "Copyright Holder"). Title to copyright in these Works remains with the Copyright Holder at all times.
1.1 Use of Copyrighted Works
You may only use, download, or copy the Works found on NPTC's website in compliance with these terms and conditions. Except as provided herein, any reproduction, distribution, or retransmission of any information contained on this site without the prior written consent of NPTC is prohibited.Permission to download and copy any Works, excluding the NPTC logos, on NPTC's website is granted, provided that:
- The copyright notice on the homepage of NPTC's website appears on the copy or display along with a notice that the Work is reprinted with permission of the National Private Truck Council,
- Use or reproduction is for informational or personal use only, and
- No modifications of any Works are made.
- Any permitted copies of the Works must retain the copyright notice, and any other proprietary notices contained in such Works. You must indicate that the Work was copied with permission of the National Private Truck Council.
- You may not edit, modify, or make use of the Works without the express, prior written consent of NPTC.
- You may not use any content contained in the Works in any manner that may give false or misleading impression or statement as to NPTC, the Copyright Holder, or any third party referenced in any Work, or which falsely disparages any product made by any company, whether or not they are a member of NPTC.
- You may not republish, display, or distribute copyrighted Works without the express written consent of NPTC.
- Nothing on NPTC's website shall be construed as conferring any license under any Copyright Holder's property rights, either expressly or impliedly.
- NPTC may modify the foregoing terms at any time, and NPTC may revoke any of the foregoing rights as well as any use or access authorizations granted to users of this site at any time.
2.0 Copyright, Ownership in Publications Prepared in the Course of NPTC Projects, Activities and Programs
NPTC owns and maintains the rights in any NPTC report, study, analysis, standard, guideline, draft standard or guideline, and any other NPTC publications and related property, in all forms (whether in print, audiotapes, videotapes, software, CD ROM, internet web site or any other medium). NPTC has the exclusive right to copyright any of its print, electronic products, databases, audio/visual products, and any other subject matter covered by the Copyright Act, Title 17, United States Code. By participating in any committee or group activity or program of NPTC that prepares, edits, revises or publishes any NPTC report, study, analysis, standard, guideline, draft standard or guideline, and any other publication, each member of NPTC and the individual participants and committee members acknowledge and agree that the copyright to such publication resides in NPTC.
3.0 Hyperlinking and Logo usage: NPTC Members
3.1 NPTC Member Logo
3.1.1 You may only use the text and images provided by NPTC in the manner and locations specified by NPTC, and must update all images and text within 7 days after receipt of notice of any changes. NPTC may modify images and text at any time.
188.8.131.52 Members may use the NPTC Member logo anywhere on their websites, on marketing/sales (or other printed) literature, trade show booths, and for similar promotional uses, except in a location or manner (including placement of the NPTC name or logo or by the imposition of any frames, browser windows or third party content) which implies or states that NPTC has endorsed, tested, or certified a company, products, services or website(s).
3.1.2 You acknowledge and agree that (i) NPTC's trademarks and name, including, but not limited to, the NPTC mark and NPTC Member logo, (collectively, the "Marks"), NPTC's website and its contents are and shall remain the sole property of NPTC; (ii) nothing in this Agreement shall give you any right of ownership in the Marks or NPTC's website; (iii) you shall not now or in the future contest the validity of the Marks; and (iv) you shall not take any action that would impair the value or goodwill associated with the Marks or NPTC's image or reputation; you shall not use the Marks in any way that might be misleading including, without limitation, stating or implying that goods or services are certified by NPTC.
3.1.3 NPTC Members may establish hyperlink(s) to any portion of the NPTC website. NPTC makes no guarantees that the content or URL will remain the same for any page on its website. Please monitor your links to ensure their operation.
3.1.5 If a NPTC member company drops its membership for any reason, the NPTC logo and name, and hyperlinks, should be removed from the company website, promotional literature, and other items it may have appeared upon, within seventy-two hours of membership termination.
3.1.6 NPTC reserves the right to terminate this Agreement with or without cause at any time. If NPTC terminates this Agreement, you shall remove any and all links to the NPTC website within twenty-four hours of receipt of notice from NPTC.
4.0 Hyperlinking and Logo usage: Non-Members (including associations, governmental agencies or units, educational institutions, etc.)
4.1 NPTC does not permit the use of its logo without its express prior written consent and the execution of a usage agreement.
4.2 You may establish hyperlink(s) to any portion of the NPTC website. NPTC makes no guarantee that the content or URL will remain the same for any page on its website. Please monitor your links to ensure their operation.
4.3 You shall not state or imply in any way (including placement of the NPTC name or identifier, or by the imposition of any frames, browser windows or third party content) that NPTC has endorsed, tested, or certified your company, products, services or website(s).
4.5 You acknowledge and agree that (i) NPTC's trademark and name, including, but not limited to, NPTC mark and the NPTC Member logo, (collectively, the "Marks"), NPTC's website and its contents are and shall remain the sole property of NPTC; (ii) nothing in this Agreement shall give you any right of ownership in the Marks or NPTC's website; (iii) you shall not now or in the future contest the validity of the Marks; and (iv) you shall not take any action that would impair the value or goodwill associated with the Marks or NPTC's image or reputation; you shall not use the Marks in any way that might be misleading including, without limitation, stating or implying that goods or services are certified by NPTC.
4.6 Disclaimer Respecting Third-Party Supplied Information. NPTC occasionally uses and reprints information supplied or published by third-parties on its website, which may include news releases, articles published in other media, and data. This information is supplied from time to time as a convenience and does not represent an endorsement of the views expressed, whether factual or opinions. The disclaimers of warranty, accuracy, and product performance and limitations of liability set forth in 4.1 – 4.5 above are equally applicable to information supplied by third-parties and republished on the NPTC website.
4.7 NPTC reserves the right to terminate this Agreement with or without cause at any time. If NPTC terminates this Agreement, you shall remove any and all links to the NPTC website within twenty-four hours of receipt of notice from NPTC.
4.8 You agree to defend, indemnify and hold NPTC, its trustees, officers, employees and agents from and against any claims, demands, damages, causes of action, loss or judgments arising from your breach of this agreement or your hyperlink to NPTC's website. You expressly agree that the use of NPTC's materials, Marks and website is at your sole risk. NPTC does not warrant that its service will be uninterrupted or error free, NPTC provides this access "as is" without warranty of any kind. NPTC disclaims all warranties, expressed or implied, including, but not limited, to the implied warranty of merchantability and fitness for a particular purpose. In no event will NPTC be liable for any direct, indirect, incidental, special or consequential damages including, but not limited to, loss of profit, loss of data, loss of business or other loss arising out of or resulting from this agreement or the use of any of the materials or Marks under this agreement or access to any of the services described in this agreement even if NPTC has been advised of the possibility of such damages. The foregoing shall apply regardless of the negligence of NPTC and regardless of whether such liability is found in contracts, negligence, tort or any theory or liability.
5.0 Disclaimers and Limitation on Liability
5.1 Disclaimer of Warranties
The contents of NPTC's website, including the works, are provided "as is," and NPTC makes no representations or warranties, express or implied, of any kind with respect to its website or its content. NPTC claims all representations and warranties, including without limitation, warranties of merchantability, fitness for a particular purpose or use, title and non-infringement.
5.2 Disclaimer of Accuracy
NPTC does not represent or warrant that information accessible via the NPTC website is accurate, complete or current. The NPTC website could contain typographical errors or technical difficulties. NPTC reserves the right to add to, change or delete its content or any part thereof without notice. Additionally the NPTC website may contain information provided by third parties. NPTC makes no representation or warranty regarding the accuracy, truth, quality, suitability or reliability of such information provided by third parties.
5.3 Disclaimer of Guaranty (Publications)
NPTC publishes standards, guidelines, and other information about electrical products and their use. These publications represent the consensus views of NPTC members and other interested persons who participate in their preparation. Because they represent only views that are arrived at by consensus, the reader may want to consult other sources of information. The standards or guidelines presented in a NPTC Standards Publication are considered technically sound at the time they are approved for publication. They are not a substitute for a product seller's or user's own judgment with respect to the particular product discussed, and NPTC does not undertake to guaranty the performance of any individual manufacturers' products by virtue of this standard or guide. Thus, NPTC expressly disclaims any responsibility for damages arising from the use, application, or reliance by others on the information contained in these standards or guidelines by others.
5.4 Limitation on NPTC's Liability
Neither NPTC, nor its members, governors, officers, employees or other representatives will be liable for damages arising out of or in connection with the use or misuse of the NPTC website, the works, even if advised of the possibility thereof. This is a comprehensive limitation of liability that applies to all damages of any kind, including without limitation, loss of data, income or profit, loss of or damage to property and claims of third parties. You have sole responsibility for the use of the information on NPTC's website and for adequate protection and backup of data and/or equipment used in connections with NPTC's website, and you will not make any claim against NPTC for lost data, re-run time, inaccurate output, work delays or lost profits resulting from your use of the website and the works.
5.5 Limitation on Liability of Copyright Holders
Copyright holders will not be liable for any direct, indirect, special or consequential damages arising out of any use of the NPTC website and the works or performance or implementation of the contents or the works.
6.0 Links to Third Party Sites
Other websites that can be accessed by you via NPTC's website are not under the control of NPTC. NPTC is not responsible for the contents of any website linked to the NPTC website or any remote link accessible from such website. Linkage to other sites from the NPTC website is provided solely as a convenience to the users of the NPTC website, and the linkage does not constitute, expressly or impliedly, an endorsement by NPTC of any linked website or the products or services of that organization or person.
7.0 User Responsibility and Input
In utilizing the NPTC website, any communication, material or comments received by NPTC with respect to the contents of the NPTC website by a user of the website shall be treated as public, non-confidential information, and NPTC shall have no obligation of any kind with respect to such information and NPTC shall be free to use, disclose, or distribute such information to third parties without limitation. NPTC shall have no obligation to compensate the person or organization who transmitted such information for the use of such information by NPTC or any third party.
7.2 The User agrees that it will not use NPTC's website, including its forums, for any illegal or wrongful purpose. While not intended to be exhaustive, the following is a list of uses of NPTC's website which are prohibited:
7.2.1 Any expression of animus, bias, cursing, name-calling against individuals or groups, offensive material such as obscenity, vulgarity, or profanity, jokes, sarcasm or other non-business-like or offensive communications. Communications which are considered offensive include, but are not limited to, any messages which contain sexual implications (including pornography), racial slurs, gender-specific comments, or comments that offensively address someone's age, gender, sexual orientation, religious or political beliefs, national/ethnic origin or disability.
7.2.2 Harassment of any sort, including but not limited to sexual or gender-based harassment, racial harassment, religious harassment, and the like, and harassment which is intended to cause emotional distress.
7.2.3 Personal commercial activities, religious causes, personal charitable solicitations, personal political activity, support for outside organizations which are not related to the direct conduct of NPTC's business.
7.2.4 The knowing, reckless, or negligent dissemination of false information of any kind which could tend to injure any firm, entity or person, or any product made by them, even if that information is originally published by someone else.
7.2.5 Any illegal activity such as, and without limiting the generality of the prohibition, violations of antitrust laws, export administration laws, securities laws, copyright, patent, or trademark laws, or civil rights laws.
7.2.6 Transmittal into or through the website of software or other materials that contain so-called viruses, worms, time bombs, Trojan horses, or other harmful or disruptive components; political campaign materials; chain letters; mass mailings; spam mail; material protected by copyright, trademark or any other proprietary right; any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the website or its contents.
NPTC® is the registered trademark of the National Private Truck Council, Inc. All other marks mentioned on the NPTC website are the trademarks of their respective owners. Nothing contained in the NPTC website should be construed as granting, by implication, estoppel, or otherwise, a license or right to use any trademark displayed on the NPTC website without prior written permissions of the National Private Truck Council or other trademark owners.
9.0 Cancellations and Refunds
10.0 NPTC reserves the right to delete or change any information transmitted to or from the NPTC website which violates these terms and conditions of use.
11.0 NPTC reserves the right to change, modify, add or delete materials from its website without notice.