As of April 25, 2019
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://ncapaoldsite.wpengine.com website operated by the North Carolina Academy of Physician Assistants (“NCAPA”, “us”, “we”, or “our”).
Your access to and use of the NCAPA website is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the NCAPA website.
By accessing or using the NCAPA website you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the NCAPA website.
Purchases
If you wish to purchase any product or service made available through the NCAPA website (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
The NCAPA may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the NCAPA website. We may experience delays in updating information on the NCAPA website and in our advertising on other web sites. The information found on the NCAPA website may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the NCAPA website and we cannot guarantee the accuracy or completeness of any information found on the NCAPA website.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Accounts
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the NCAPA website.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our NCAPA website or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Intellectual Property
The NCAPA website and its original content, features and functionality are and will remain the exclusive property of the North Carolina Academy of Physician Assistants and its licensors. The NCAPA website is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the North Carolina Academy of Physician Assistants.
Links To Other Web Sites
Our NCAPA website may contain links to third party web sites or services that are not owned or controlled by North Carolina Academy of Physician Assistants.
The North Carolina Academy of Physician Assistants has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that the North Carolina Academy of Physician Assistants shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
Termination
We may terminate or suspend your account and bar access to the NCAPA website immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the NCAPA website. If you wish to no longer be contacted by the NCAPA and remove your contact information from their organizational database, you will need to contact NCAPA at ncapa@ncapa.org and make that request.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Indemnification
You agree to defend, indemnify and hold harmless the North Carolina Academy of Physician Assistants and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the NCAPA website, by you or any person using your account and password, or b) a breach of these Terms.
Limitation Of Liability
In no event shall the North Carolina Academy of Physician Assistants, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the NCAPA website; (ii) any conduct or content of any third party on the NCAPA website; (iii) any content obtained from the NCAPA website; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer
Your use of the NCAPA website is at your sole risk. The NCAPA website is provided on an “AS IS” and “AS AVAILABLE” basis. The NCAPA website is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
North Carolina Academy of Physician Assistants and its subsidiaries, affiliates, and its licensors do not warrant that a) the NCAPA website will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the NCAPA website is free of viruses or other harmful components; or d) the results of using the NCAPA website will meet your requirements.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Governing Law
These Terms shall be governed and construed in accordance with the laws of North Carolina, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our NCAPA website, and supersede and replace any prior agreements we might have had between us regarding the NCAPA website.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our NCAPA website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the NCAPA website.
Contact Us
If you have any questions about these Terms, please contact us at ncapa@ncapa.org
