Welcome to the Diversity Directive site provided by NPower Inc. (referred to herein as either “NPower”, “we”, “us”, or “our”). The Diversity Directive site and all related services, modules, functions, software or platforms was created by us to foster sharing of information and customization of this information for users (referred to herein as either “user”, “you” or “your”).
THESE TERMS INCLUDE A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION AS WELL A JURY WAIVER.
Table of Contents
In order to access the Site, you will either be provided with or create a username and password. It is your responsibility to protect your username and password and to notify NPower of any known or suspected unauthorized use of your username or password, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password information.
Your Use of the Site
You must be at least 18 years of age to sign up for a user account and to access and use the Site. Upon signing into your account and accessing the Site, all such additional users shall also become subject to these Terms. You are responsible for any and all activity that occurs through your account, including activity by additional users. You agree that you shall (i) not take any action to access information which you believe, or have reason to believe, you are not authorized to access, (ii) not take any steps to defeat any security measures designed to protect the Site, and (iii) not take any action that may cause harm to the Site or NPower. You acknowledge and recognize that your use of the Site, including through content you provide on your profile and content upload and comments shared, will reflect upon you, fellow participants, and your organization. You acknowledge and agree that you will provide accurate information in all materials and actions during all communications and content sharing via the Site.
Linked Third Party Sites
For your benefit and convenience, certain hyperlinks may be provided on the Site which link to the sites of third parties that are not under the control of NPower. NPower disclaims all liability for, is not responsible, and makes no representations or warranties for, any products or services offered by such third parties, including through such sites. NPower is not responsible for the availability, accuracy, content or any other aspect of such sites. NPower is not responsible for the privacy statements or practices of sites or services controlled by other companies or organizations. Your use of other sites, and the offer or purchase of products or services from such third parties, or on or through such other sites, is subject to the terms and conditions and privacy policies thereof. You agree that you will bring no suit or claim against NPower arising from or based on your use of, or the offer or purchase of products or services on or through, such other sites.
Copyrights, Trademarks, and Permissions
You acknowledge that NPower and its licensors hold all right, title and interest in and to all materials on the Site. Such materials include but are not limited to design, text, graphics, files, photographs, video and audio clips, and the selection and arrangement thereof. You agree that you will not modify, distribute, perform, or publish in any media on the Site for any public or commercial use without the express prior written permission of NPower.
NPower’s name and the products and services described on the Site are trademarks, trade names, or service marks of NPower or its licensors. These marks may not be copied, imitated, or used, in whole or in part, without the express prior written permission of NPower or its licensors, and then only with the proper acknowledgments.
Confidentiality and Privacy
While we welcome any feedback or comments from you, please note that any unsolicited ideas, feedback or suggestions pertaining to NPower or the Site, such as ideas for new or improved products or services, website or tool enhancements, processes, materials or names, will automatically upon submission become the property of NPower, to the maximum extent permitted by law and without any compensation to you. To provide submissions or feedback, please email [firstname.lastname@example.org].
THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NPOWER DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NPOWER DOES NOT WARRANT THAT THE SITE WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NPOWER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING YOUR USE OR THE SITE OR RESULTS OF SUCH USE, THE SITE CONTENT, OR LINKED THIRD PARTY SITES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
Limitation of Liability
NPOWER WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL OR SIMILAR DAMAGES THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE SERVICES. NPOWER IS NOT LIABLE FOR ANY CLAIM, LOSS, OR INJURY BASED ON ERRORS, OMISSIONS, INTERRUPTIONS OR OTHER INACCURACIES IN THE SITE, NOR FOR ANY CLAIM, LOSS OR INJURY THAT RESULTS FROM YOUR USE OF THE SITE OR YOUR BREACH OF ANY PROVISION OF THESE TERMS. ALTHOUGH WE TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES,” OR OTHER DESTRUCTIVE MATERIALS TO THE SITE, NPOWER DOES NOT GUARANTEE OR WARRANT THAT THE SITE OR MATERIALS THAT MAY BE DOWNLOADED FROM THE SITE ARE FREE FROM SUCH DESTRUCTIVE FEATURES AND WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION 8 AND ELSEWHERE IN THESE TERMS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Modifications to the Site
NPower may, in its sole discretion, change, suspend or discontinue any aspect of the Site at any time, including the availability of any feature, database, or content without notice or liability. NPower may also, in its sole discretion, impose limits on certain features and services without notice or liability.
Termination or Suspension of Usage
You understand and agree that NPower may, in its sole discretion and at any time, restrict, suspend, or terminate your access to the Site, and discard and remove any and all submissions or content posted by you for any reason whatsoever and without liability. You understand and agree that NPower may take any one or more of these actions without any notice to you, prior or otherwise. You understand and agree that NPower shall not have any liability to you or any other person for any restriction, suspension, or termination of your access to the Site.
Governing Law and Jurisdiction
Any action, claim, suit or proceeding between you and NPower connected with, arising out of, or relating to these Terms, or for the recognition or enforcement of any judgment in respect thereof, whether arising in contract, tort or otherwise, shall be governed by the laws of the State of New York without regard to its conflicts of laws provisions and shall be initiated and prosecuted as to all parties and their successors and assigns solely and exclusively in the state and federal courts of the State of New York. Each party irrevocably submits to the general jurisdiction of such courts and waives any objection that it may have to the venue in any such courts. DISPUTES MAY NOT BE JOINED OR CONSOLIDATED UNLESS AGREED TO IN WRITING BY ALL PARTIES. EACH PARTY FURTHER WAIVES TRIAL BY JURY IN ANY SUCH ACTION CLAIM, SUIT OR PROCEEDING.
These Terms constitute the entire agreement between you and NPower regarding the Site and supersede and replace any prior understanding, whether oral or in writing related to the Site. NPower’s failure to enforce any provision of these Terms shall not be construed as a waiver of NPower’s right to enforce any of these Terms in the future. If any portion of these Terms are held invalid or unenforceable, such portion shall be construed in a manner consistent with applicable law to reflect the original intent of the parties, and the remaining portion of these Terms shall remain in full force and effect.
Changes to the Terms
NPower reserves the right to update or modify these Terms at any time and without prior notice by posting the updated version of the Terns on the Site. Your continued use of the Site will constitute your consent to any such changes in these Terms except where otherwise required by applicable law.
How You Can Contact NPower
If you have any questions, comments or concerns about the use of the Site or these Terms, please contact NPower at: