Northern Border Regional Commission (NBRC) Terms of Service

Summary

Section	What can you find there?
A. Definitions	Some basic terms, defined in a way that will help you understand this agreement. Refer back up to this section for clarification.
B. Account Terms	These are the basic requirements of having an Account on NBRC.gov.
C. Acceptable Use	These are the basic rules you must follow when using your NBRC Account.
User-Generated Content	NBRC own the content you post on NBRC. However, you have some rights and responsibilities.
Copyright Infringement and DCMA policy	This section talks about how NBRC will respond if you believe someone is infringing your copyrights on NBRC.gov.
F. Intellectual Property Notice	This describes NBRC's rights in the website and service.
G. Cancellation and Termination	You may cancel this agreement and close your Account at any time.
H. Communications with NBRC	We only use email and other electronic means to stay in touch with our users. We also provide phone support.
I. Disclaimer of Warranties	We provide our service as is, and we make no promises or guarantees about this service. Please read this section carefully; you should understand what to expect.
J. Limitation of Liability	We will not be liable for damages or losses arising from your use or inability to use the service or otherwise arising under this agreement. Please read this section carefully; it limits our obligations to you.
K. Release and Indemnification	You are fully responsible for your use of the service.
L. Changes to these Terms of Service	We may modify this agreement, but we will give you 30 days' notice of changes that affect your rights.
M. Miscellaneous	Please see this section for legal details including our choice of law.

Effective date: August 26, 2020

A. Definitions

Short version: We use these basic terms throughout the agreement, and they have specific meanings. You should know what we mean when we use each of the terms.

1. An "Account" represents your legal relationship with NBRC. A "User Account" represents an individual User’s authorization to log in to and use of the Service and serves as a User’s identity on NBRC. "Organizations" are entities to which a User belongs. Any number of User Accounts can be a member of an Organization.
2. The "Agreement" refers, collectively, to all the terms, conditions, and notices contained or referenced in this document (the "Terms of Service" or the "Terms") and all other operating rules, policies (including the NBRC Privacy Statement, available at grants.nbrc.gov/PrivacyPolicy.aspx) and procedures that we may publish from time to time on the Website.
3. "Content" refers to content featured or displayed through the Website, including, without limitation, text, data, documents, forms, articles, images, photographs, graphics, software, applications, packages, designs, features, and any other materials that are available on the Website or otherwise available through the Service. "Content" also includes Services. "User-Generated Content" is Content, written or otherwise, created or uploaded by our Users. "Your Content" is Content that you create or own.
4. "NBRC", "We", and "Us" refer to Northern Border Regional Commission, as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.
5. The "Service" refers to the applications, software, products, and services provided by NBRC.
6. "The User", "You", and "Your" refer to the individual person, company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the Account; or that directs the use of the Account in the performance of its functions. A User must be at least 18 years of age.
7. The "Website" refers to NBRC’s website located at NBRC.gov, and all content, services, and products provided by NBRC at or through the Website. It also refers to NBRC-owned subdomains of NBRC.gov, such as grants.NBRC.gov.

B. Account Terms

Short version: User Accounts and Organizations have different administrative controls; a human must create your Account; you must be 18 or over; you must provide a valid email address; and you may not have more than one Account. You alone are responsible for your Account and anything that happens while you are signed in to or using your Account. You are responsible for keeping your Account secure.

1. Account Controls
   Subject to these Terms, you retain ultimate administrative control over your User Account and the Content within it.
2. Required Information
   You must provide a valid email address and password in order to complete the signup process. Any other information requested, such as your real name, is required by the grant application process, but is not required to create or own an account.
3. Account Requirements
   We have a few simple rules for User Accounts on NBRC's Service.
   • You must be a human to create and own an Account. Accounts registered by "bots" or other automated methods are not permitted.
   • One person or legal entity may maintain no more than one Account.
   • You must be age 18 or older. NBRC does not target our Service to children under 18, and we do not permit any Users under 18 on our Service. If we learn of any User under the age of 18, we will terminate that User’s Account immediately. If you are a resident of a country outside the United States, your country’s minimum age may be older; in such a case, you are responsible for complying with your country’s laws.
   • Your login may only be used by one person — i.e., a single login may not be shared by multiple people.
   • You may not use NBRC in violation of export control or sanctions laws of the United States or any other applicable jurisdiction. You may not use NBRC if you are or are working on behalf of a Specially Designated National (SDN) or a person subject to similar blocking or denied party prohibitions administered by a U.S. government agency.
4. User Account Security
   You are responsible for keeping your Account secure while you use our Service. We offer tools such as two-factor authentication to help you maintain your Account's security, but the content of your Account and its security are up to you.
   • You are responsible for all content posted and activity that occurs under your Account (even when content is posted by others who have Accounts under your Account).
   • You are responsible for maintaining the security of your Account and password. NBRC cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
   • You will promptly notify NBRC if you become aware of any unauthorized use of, or access to, our Service through your Account, including any unauthorized use of your password or Account.

C. Acceptable Use

Short version: While using the service, you must follow the terms of this section, which include some restrictions on content you can post, conduct on the service, and other limitations. In short, be excellent to each other.

Your use of the Website and Service must not violate any applicable laws, including copyright or trademark laws, export control or sanctions laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Service is in compliance with laws and any applicable regulations.

D. User-Generated Content

Short version: You own content you create, but once that content is submitted to the NBRC as part of a grant application or to support a funded grant, it becomes public record forever.

By becoming part of public record, you permanently and irrevocably allow us certain rights to it, so that we can display and share the content. You still have control over your content, and responsibility for it, and the rights you grant us are limited to those we need to provide the service. Once submitted to NBRC and it becomes part of the public record, it cannot be deleted or removed without legal action.

1. Responsibility for User-Generated Content

   You may create or upload User-Generated Content while using the Service. You are solely responsible for the content of, and for any harm resulting from, any User-Generated Content that you post, upload, link to or otherwise make available via the Service, regardless of the form of that Content. We are not responsible for any public display or misuse of your User-Generated Content.

2. NBRC May Remove Content

   We do not pre-screen User-Generated Content, but we have the right (though not the obligation) to refuse or remove any User-Generated Content that, in our sole discretion, violates any NBRC terms or policies. That said, because the content is public record, it is highly unlikely that the content will ever be removed.

3. Ownership of Content, Right to Post, and License Grants

   You retain ownership of and responsibility for Your Content, but once submitted to NBRC, the content becomes public record.

   Because you retain ownership of and responsibility for Your Content, we need you to grant us — and other NBRC Users — certain legal permissions, listed in Sections D.4 — D.7. These license grants apply to Your Content. If you upload Content that already comes with a license granting NBRC the permissions we need to run our Service, no additional license is required. You understand that you will not receive any payment for any of the rights granted in Sections D.4 — D.7. The licenses you grant to us will end when you remove Your Content from our servers.

4. License Grant to Us

   We need the legal right to do things like host Your Content, publish it, and share it. You grant us and our legal successors the right to store, parse, and display Your Content, and make incidental copies as necessary to render the Website and provide the Service. This includes the right to do things like copy it to our database and make backups; show it to you and other users; parse it into a search index or otherwise analyze it on our servers; share it with other users; and perform it, in case Your Content is something like music or video.

   This license does not grant NBRC the right to sell Your Content. However, as public record, Your Content can be used at any time, used in any way, exposed to any entity, and infinitely distributed without royalty as a public record.

5. License Grant to Other Users

   Any User-Generated Content you post publicly, including notes, comments, and contributions, may be viewed by others.

6. Moral Rights

   You retain all moral rights to Your Content that you upload, publish, or submit to any part of the Service, including the rights of integrity and attribution. However, you waive these rights and agree not to assert them against NBRC or the government of the United Sates, to enable us to reasonably exercise the rights granted in Section D.4, but not otherwise.

   To the extent this agreement is not enforceable by applicable law, you grant NBRC the rights we need to use Your Content without attribution and to make reasonable adaptations of Your Content as necessary to render the Website and provide the Service.

E. Copyright Infringement and DMCA Policy

If you believe that content on our website violates your copyright, please contact us by emailing admin@NBRC.com. If you are a copyright owner and you believe that content on NBRC violates your rights, please contact us by emailing admin@NBRC.com. There may be legal consequences for sending a false or frivolous takedown notice. Before sending a takedown request, you must consider legal uses such as fair use and licensed uses.

F. Intellectual Property Notice

Short version: We own the service and all of our content. In order for you to use our content, we give you certain rights to it, but you may only use our content in the way we have allowed.

1. NBRC's Rights to Content

   NBRC and our licensors, vendors, agents, and/or our content providers retain ownership of all intellectual property rights of any kind related to the Website and Service. We reserve all rights that are not expressly granted to you under this Agreement or by law. The look and feel of the Website and Service is copyright © NBRC, Inc. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from NBRC.

2. NBRC Trademarks and Logos

   Usage of NBRC trademarks and logos is prohibited without express written permission from NBRC.

G. Cancellation and Termination

Short version: You may close your Account at any time. If you do, we'll treat your information responsibly.

1. Account Cancellation

   It is your responsibility to properly cancel your Account with NBRC. You can cancel your Account at any time by requesting cancellation via NBRC Support.

2. Upon Cancellation

   We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we will delete User Personal Information within 90 days of your request.

   However, we cannot and will not delete Content that you have uploaded that is part of public record. This may include your User Personal Information.

   Upon request, we will make a reasonable effort to provide an Account owner with a copy of your lawful, non-infringing Account contents after Account cancellation, termination, or downgrade. You must make this request within 90 days of cancellation, termination, or downgrade.

3. NBRC May Terminate

   NBRC has the right to suspend or terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. NBRC reserves the right to refuse service to anyone for any reason at any time.

4. Survival

   All provisions of this Agreement which, by their nature, should survive termination will survive termination — including, without limitation: ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

H. Communications with NBRC

Short version: We use email and other electronic means to stay in touch with our users.

1. Electronic Communication Required

   For contractual purposes, you (1) consent to receive communications from us in an electronic form via the email address you have submitted or via the Service; and (2) agree that all Terms of Service, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications would satisfy if they were on paper. This section does not affect your non-waivable rights.

2. Legal Notice to NBRC Must Be in Writing

   Communications made through email or NBRC Support's messaging system will not constitute legal notice to NBRC or any of its officers, employees, agents or representatives in any situation where notice to NBRC is required by contract or any law or regulation. Legal notice to NBRC must be in writing and served on NBRC's legal agent.

I. Disclaimer of Warranties

Short version: We provide our service as is, and we make no promises or guarantees about this service. Please read this section carefully; you should understand what to expect.

NBRC provides the Website and the Service "as is" and "as available", without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Website and the Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.

NBRC does not warrant that the Service will meet your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Service.

J. Limitation of Liability

Short version: We will not be liable for damages or losses arising from your use or inability to use the service or otherwise arising under this agreement. Please read this section carefully; it limits our obligations to you.

You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from

• the use, disclosure, or display of your User-Generated Content;
• your use or inability to use the Service;
• any modification, price change, suspension or discontinuance of the Service;
• the Service generally or the software or systems that make the Service available;
• unauthorized access to or alterations of your transmissions or data;
• statements or conduct of any third party on the Service;
• any other user interactions that you input or receive through your use of the Service; or
• any other matter relating to the Service.

Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.

K. Release and Indemnification

Short version: You are responsible for your use of the service. If you harm someone else or get into a dispute with someone else, we will not be involved.

If you have a dispute with one or more Users, you agree to release NBRC from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

You agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys’ fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement, provided that NBRC (1) promptly gives you written notice of the claim, demand, suit or proceeding; (2) gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases NBRC of all liability); and (3) provides to you all reasonable assistance, at your expense.

L. Changes to These Terms

Short version: We want our users to be informed of important changes to our terms, but some changes aren't that important — we don't want to bother you every time we fix a typo. So while we may modify this agreement at any time, we will notify users of any changes that affect your rights and give you time to adjust to them.

We reserve the right, at our sole discretion, to amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. We will notify our Users of material changes to this Agreement, such as price changes, at least 30 days prior to the change taking effect by posting a notice on our Website. For non-material modifications, your continued use of the Website constitutes agreement to our revisions of these Terms of Service. You can view all changes to these Terms in our Site Policy repository.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part of it) with or without notice.

M. Miscellaneous

1. Governing Law

   Except to the extent applicable law provides otherwise, this Agreement between you and NBRC and any access to or use of the Website or the Service are governed by the federal laws of the United States of America and the laws of the State of New Hampshire, without regard to conflict of law provisions. You and NBRC agree to submit to the exclusive jurisdiction and venue of the courts located in Merrimack County, New Hampshire or other venue, at the discretion of the Federal government of the United States.

2. Non-Assignability

   NBRC may assign or delegate these Terms of Service and/or the NBRC Privacy Statement, in whole or in part, to any person or entity at any time with or without your consent, including the license grant in Section D.4. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Statement without our prior written consent, and any unauthorized assignment and delegation by you is void.

3. Section Headings and Summaries

   Throughout this Agreement, each section includes titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding.

4. Severability, No Waiver, and Survival

   If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of NBRC to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

5. Amendments; Complete Agreement

   This Agreement may only be modified by a written amendment signed by an authorized representative of NBRC, or by the posting by NBRC of a revised version in accordance with Section Q. Changes to These Terms. These Terms of Service, together with the NBRC Privacy Statement, represent the complete and exclusive statement of the agreement between you and us. This Agreement supersedes any proposal or prior agreement oral or written, and any other communications between you and NBRC relating to the subject matter of these terms including any confidentiality or nondisclosure agreements.

6. Questions

   Questions about the Terms of Service? Contact us.