Terms of Use - National Housing Preservation Database (NHPD)

National Housing Preservation Database: Terms of Use – April 2020

Website terms of use and disclaimers.

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”). Throughout the NHPD, 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 subscription with us includes your acknowledgement of and agreement to these TOU and our Privacy Policy.

PAHRC and/or NLIHC reserve the right to update these TOU at any time and at their sole discretion with or without notice. Accordingly, we suggest periodically reviewing 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 website. By accessing or using the NHPD site in any way, including use of the services, downloading any materials (the “Downloaded Information”), or merely browsing the NHPD 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 NHPD Privacy Policy relating to the collection and use of your personal information.

USAGE GRANT

PAHRC and NLIHC grant to users of the NHPD website that agree to the TOU by their access or use of the NHPD website, 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 OWN 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 NHPD SITE OR 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, SERVICE(S) AND THE NHPD WEBSITE AT ANY TIME AND AT THEIR SOLE DISCRETION.

LIMITATION OF LIABILITY
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM OR DISSATSIFACTION WITH THE AVAILABLE INFORMATION OR 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/OR NLIHC IF THE DATA PROVIDED IS DEFECTIVE IN ANY WAY. TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL PAHRC, NLIHC AND/OR 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 AND/OR NLIHC HAD REASON TO KNOW OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THIS SECTION SURVIVES THE TERMINATION OF ANY SUBSCRIPTION AND/OR LIMITED LICENSE AGREEMENT.

PERMITTED USES AND CONDITIONS ON USE

PAHRC and NLIHC grant 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:

The Documents and Data are used for mission driven purposes and are directly related to efforts intended to support and preserve affordable housing;
You do not assign your limited rights or transfer, sell, lease, distribute, market, or grant a sublease of the Documents and Data to any person or allow any third party to do so;
You do not utilize the Documents and/or Data for any purpose or project other than the permitted uses as set forth in Part 1 of this section without the prior written consent of PAHRC and NLIHC through a Limited Data License Agreement;
You do not reproduce or attempt to reproduce the NHPD in its entirety;
You do not sell, or distribute to others to sell, materials or data extracted from the NHPD without contacting PAHRC and NLIHC to obtain pre-approval and a Limited Data License at ;
You do not, or attempt 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;
You do not remove or modify any copyright, trademark, legal notices, or other proprietary notations from the content available on the NHPD;
You agree to identify and list PAHRC and NLIHC as the data source in all instances where any Documents and Data from the NHPD are used;
You agree that PAHRC and NLIHC are and will remain the sole and exclusive owners of the Documents and Data on the NHPD, including all Intellectual Property rights relating thereto;
You agree to appropriately and truthfully register as a non-profit organization, or university, for-profit organization, government entity, or not affiliated with an organization. In the event you incorrectly register, PAHRC and NLIHC expressly reserve the right to terminate your registration immediately;
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;
You do not violate or attempt to violate PAHRC and/or 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
You do not engage in any other conduct which violates the Copyright Act, other applicable federal or state law, statue, rule, or regulation, or infringes PAHRC’s and/or NLIHC’s Intellectual Property rights.

To the extent different or additional terms of use accompany or are included in the Documents and Data, those terms of use shall govern the use of such Documents and Data.

AUDIT

PAHRC and/or NLIHC, or their duly authorized representatives, have the right to visit the offices of any NHPD user or licensee to inspect, examine, audit, and verify compliance with these TOU and proper use of the NHPD Documents and Data. By using the NHPD website, you agree and acknowledge that PAHRC and/or NLIHC reserve the right, in their sole discretion, to determine whether NHPD Documents and Data have been and are being used in compliance with these TOU. A determination of improper use may result in immediate termination of registration or licensed rights and/or prevention of future use for and indefinite period of time.

MEMBER ACCOUNT, PASSWORD, AND SECURITY.

The NHPD 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. You are 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 and may not allow others to access and/or use your account.

UNLAWFUL OR PROHIBITED USE.

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

LINKS TO THIRD PARTY SITES.

THE NHPD MAY CONTAIN LINKS TO OTHER WEBSITES (“LINKED SITES”). THE LINKED SITES ARE NOT UNDER THE CONTROL OF PAHRC AND/OR NLIHC, THUS PAHRC AND/OR 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 INDIVIDUAL TERMS OF USE FOR ANY LINKED SITE. PAHRC AND/OR NLIHC IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. PAHRC AND/OR 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/OR NLIHC.

Governing Law

By visiting the NHPD, 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/or NLIHC may make changes to the information, content and/or policies contained on the NHPD or the Services at any time. PAHRC and/or NLIHC make no commitment and undertake no obligation for it or its users to update the information contained herein. PAHRC and/or NLIHC reserve the right 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.