Terms and Conditions

National Housing Preservation Database: Terms of Use – February 2017

Website terms of use and disclaimers.

DESCRIPTION OF THE SERVICES.

Public and Affordable Housing Research Corporation (PAHRC) and National Low Income Housing Coalition (NLIHC) have developed the National Housing Preservation Database web site (the NHPD Web Site). Throughout the NHPD Web Site, PAHRC AND NLIHC provide you with access to services, including but not limited to, software, information, materials, data, details on how NHPD is compiled, and industry information (collectively, “the Services”). The Services, including any updates, enhancements, and/or new features to the Services, are subject to these Terms of Use (“TOU”).Your agreement with us includes these TOU and our Privacy Policy.

PAHRC and NLIHC reserves the right to update the TOU at any time at its sole discretion with or without notice to you. Accordingly, you should periodically review the TOU for any such updates. The most current version of the TOU can be reviewed by clicking on the “Terms of Use” hypertext link located at the bottom of the NHPD Web Site. By accessing or using the NHPD Web Site in any way, including using the Services, downloading any materials available for download on the NHPD Web Site (the “Downloaded Information”), or merely browsing the NHPD Web Site, you agree to be bound by the TOU. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THIS SITE.

PRIVACY AND PROTECTION OF PERSONAL INFORMATION.

See the Privacy Statement disclosures relating to the collection and use of your personal information.

DOWNLOAD INFORMATION.

PAHRC AND NLIHC grant to users of the NHPD Web Site that agree to the TOU by their access or use of the NHPD Web Site, the right to use the Services owned by PAHRC AND NLIHC.

WARRANTY AND DISCLAIMER
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES AND ANY MATERIALS OR INFORMATION PROVIDED IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITH REGARD TO THE INFORMATION AND SERVICES AVAILABLE ON NHPD AND TO THE FULLEST EXTENT PERMITTED BY LAW, PAHRC AND NLIHC DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDED BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. YOU ARE RESPONSIBLE FOR ENSURING THE ACCURACY, CURRENCY AND OTHER QUALITIES OF ALL PRODUCTS (INCLUDING MAPS, REPORTS, DISPLAYS AND ANALYSIS) PRODUCED FROM OR IN CONNECTION WITH THE DATA AND ASSUME ALL RISKS AS TO THE RESULTS AND PERFORMANCE OF THE DATA. PAHRC AND NLIHC AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE DOUCMENTS, SERIVICE(S) AND THE NHPD WEBSITE AT ANY TIME AT THEIR SOLE DISCRETION.

LIMITATION OF LIABILITY
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATSIFACTION WITH THE SERVICES PROVIDED IS TO STOP USING THE NHPD WEBSITE AS WELL AS THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY INFORMATION OR DATA YOU OBTAINED OFF THE NHPD WEBSITE. YOU SHALL HAVE NO REMEDY AGAINST PAHRC AND NLIHC IF THE DATA PROVIDED IS DEFECTIVE IN ANY WAY. TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL PAHRC, NLIHC AND ANY OF ITS OFFICERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSOR, OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR (1) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, WHETHER DIRECT OR INDIRECT IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD OF WHETHER PAHRC OR NLIHC HAVE BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THIS SECTION SURVIVES THE TERMINATION OF THIS AGREEMENT.

PERMISSION TO USE THE DOCUMENTS AVAILABLE ON THE NHPD WEBSITE.

PAHRC AND NLIHC grant to you permission to use the documents and data available on the NHPD Website from use of the Services (such as data extracts, property grid records, subsidy grid records, data dictionaries, user guides, white papers, datasheets and FAQs) (the “Documents and Data”) provided that:

  1. The Documents and Data are used for mission driven purposes and are directly related to efforts intended to help low-income individuals obtain housing;
  2. You do not to assign this agreement or transfer, sell, lease, distribute, market, or grant a sublease of the Documents and Data to any person or allow a third party to do so;
  3. You do not to utilize the Documents and Data for any purpose or project other than the permitted uses as set forth in this Agreement without the prior written consent of PAHRC and NLIHC though a Data License Agreement;
  4. You do not reproduce the NHPD in its entirety;
  5. You do not sell or distribute to others to sell materials or data extracted from the NHPD Web Site without contacting PAHRC and NLIHC to obtain a Data License at questions@preservationdatabase.org;
  6. You do not to copy, modify, reverse engineer, disassemble, redistribute, republish, alter, replicate, assign, license, transfer or adapt any of the software, information, text, graphics, source code, or HTML code, or other content available on the NHPD Web Site;
  7. You do not to remove or modify any copyright, trademark, legal notices, or other proprietary notations from the content available on the NHPD Web Site;
  8. You agree to identify and list PAHRC and NLIHC as the data source in all instances where the Documents and Data on the NHPD Web Site are used;
  9. You agree that PAHRC and NLIHC are and will remain the sole and exclusive owners of the Documents and Data on the NHPD Website, including all Intellectual Property rights relating thereto;
  10. You agree that except for the limited rights expressly granted under this TOU, nothing in this TOU grants you or any third party, by implication, waiver, estoppel or otherwise, any Intellectual Property Rights or other right, title, or interest in or to any of PAHRC’s Documents and Data or any related Intellectual Property rights;
  11. You do not to violate or attempt to violate PAHRC and NLIHC’s  security mechanisms, access any restricted or unauthorized data or servers, or otherwise breach the security of the database or corrupt the database in any way; and
  12. You do not to engage in any other conduct which violates the Copyright Act, other applicable federal or state law, statue, rule, or regulation, or infringes the PAHRC and NLIHC’s intellectual property rights.

MEMBER ACCOUNT, PASSWORD, AND SECURITY.

The NHPD Website requires you to open an account, therefore, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. By providing this information, you consent to PAHRC’s, NLIHC’s and its suppliers’ use of this information for purposes detailed in the Privacy Policy You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify PAHRC AND NLIHC immediately of any unauthorized use of your account or any other breach of security. PAHRC AND NLIHC will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by PAHRC AND NLIHC or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.

NO UNLAWFUL OR PROHIBITED USE.

As a condition of your use of the Services and the NHPD Website, you warrant you will not to use the Services and the NHPD Website for any purpose that is unlawful or prohibited by this TOU. You agree not to use the Services and the NHPD Website in any manner that could damage, disable, overburden, or impair any PAHRC AND NLIHC server, or the network(s) connected to any PAHRC AND NLIHC server, or interfere with any other party’s use of any Services and the NHPD Website. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any PAHRC AND NLIHC server or to any of the Services or the NHPD Website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services and the NHPD Website.

LINKS TO THIRD PARTY SITES.

THE NHPD WEB MAY CONTAIN LINKS TO OTHER WEBSITES (“LINKED SITES”). THE LINKED SITES ARE NOT UNDER THE CONTROL OF PAHRC AND NLIHC AND PAHRC AND NLIHC ARE NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE, INCLUDING WITHOUT LIMITATION ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO A LINKED SITE. YOU SHOULD REVIEW THE TERMS OR USE FOR ANY LINKED SITE AND THOSE TERMS OF USE WILL APPLY TO YOUR USE. PAHRC AND NLIHC IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. PAHRC AND NLIHC IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT OR ASSOCIATION WITH A LINKED SITE’S OPERATOR(S) BY PAHRC AND NLIHC

Applicable Law and Jurisdiction.

By visiting the NHPD Website, you agree that the TOU for all purposes shall be governed and construed in accordance with the laws of the State of Connecticut, without regard to principles of conflict of law, and that any action based on or alleging a breach of these provisions must be brought in a state or federal court located in the State of Connecticut. In addition, you agree to submit to the personal jurisdiction and venue of such courts.

General Information.

PAHRC AND NLIHC may make changes to the information, content and/or policies contained on the NHPD Website or the Services described on this NHPD Website at any time. PAHRC AND NLIHC make no commitment and undertakes no obligation for it or its users to update the information contained herein. PAHRC AND NLIHC reserve the right for it to make changes to these TOU at any time, with or without notice. If any of these provisions shall be deemed invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the TOU.