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NAPCA Website Terms of Use
Effective/Updated as of November 9, 2020.

Introduction. The National Asian Pacific  Center on Aging (“NAPCA”) offers this website (“Site”) to you  conditioned on your acceptance without modification of the terms,  conditions, and notices contained herein (the “Terms”).


The content available on napca.org is intended to be used by residents of the United States, only.


The Site is available only to individuals and entities that can form  legally binding contracts under applicable law. Without limiting the  foregoing, the Site and the services offered by the Site are not available to minors. By using, viewing, transmitting, caching, storing  and/or otherwise utilizing the Site, YOU HAVE AGREED TO, AND ARE LEGALLY  BOUND BY, THE TERMS. IF YOU DO NOT AGREE TO THE TERMS, CEASE USING THE  SITE IMMEDIATELY.


Modification of These Terms. We reserve the  right in our sole discretion to change, modify, add, or remove the  terms, conditions, and notices under which the Site is offered. It is  your responsibility to check periodically for any changes we may make to  these Terms. Your continued use of this Site following the effective  date of changes to these Terms or other policies means you accept and  consent to the changes.



No Unlawful or Prohibited UseAs a  condition of your use of the Site, you warrant that you will not use the  Site for any purpose that is unlawful or prohibited by these Terms, conditions, and notices. You will comply with all applicable laws,  including but not limited to, privacy laws, intellectual property laws,  export control laws, regulatory requirements, etc.  You will use the  Site in a professional manner, and you may not use the Site in any  manner that could damage, disable, overburden, or impair the Site or  interfere with any other party’s use and enjoyment of the Site. You may  not obtain or attempt to obtain any materials or information through any  means not intentionally made available or provided through the Site.


You will not use any robot, spider, other automatic device, or manual  process to monitor or copy the Site or the contents or information  contained therein without our prior express written consent. You agree  that you will not use any device, software or routine to interfere or  attempt to interfere with the proper working of the Site or any  transaction being conducted through the Site. You agree that you will  not copy, reproduce, alter, modify, create derivative works, or publicly  display any content (except for any information in which you have an  ownership interest) from the Site without our prior express written consent or the appropriate third party.


The information you provide to us (i) shall not contain any viruses,  Trojan horses, worms, time bombs, cancelbots or other computer  programming routines that are intended to damage, detrimentally  interfere with, surreptitiously intercept or expropriate any system, data or information; and (ii) shall not create liability for us or cause  us to lose (in whole or in part) the services of our ISPs or other  suppliers.


In the event you gain access to information or material not intended  to be accessed by you, you agree that you will immediately notify us and  destroy all copies of such information in your possession and not  forward such information to any third-parties.  For this notice we may  be contacted at admin@napca.org or National Asian Pacific Center on Aging, 1511 Third Ave., # 914, Seattle, WA 98101.


Information Provided to NAPCA or Posted on the NAPCA Website. We  do not claim ownership of the materials or information you provide to  us (including feedback and suggestions) or post, upload, input or submit  to any Site or its associated services (collectively “Submissions”).  However, by posting, uploading, inputting, providing or submitting your  Submission you are granting us, our affiliated companies and necessary  sub licensees permission to use your Submission in connection with the  operation of the Site and its businesses including, without limitation,  the rights to: utilize, copy, distribute, transmit, publicly display,  publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission,  except to the extent prohibited by law. None of the Submissions shall  be subject to any obligation of confidence on our part and we shall not  be liable for any use or disclosure of any Submissions. Without  limitation of the foregoing, we shall be entitled to unrestricted use of  the Submissions for any purpose without compensation to the provider of  the Submissions. All personal information provided to this Site will be  handled in accordance with the Site’s online Privacy Policy the terms of which are incorporated into the Terms.


We are under no obligation to post or use any Submission you may  provide and may in our sole discretion remove any Submission at any  time, for any reason, without notice to you.


By posting, uploading, inputting, providing or submitting your  Submission you warrant and represent that you own or otherwise control  all of the rights to your Submission as described in this section  including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.


In the course of using the Site, you may submit your personal data  and/or the personal data of others. It is your responsibility to ensure  this information is accurate and up to date.


Links to Third Party SitesThe Site may  contain links to other web sites (“Linked Sites”). The Linked Sites are  not under our control and we 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. By providing  these links, we do not endorse, sponsor or recommend such sites or the  materials disseminated by or services provided by them, and are not  responsible for the materials, services or other situations at or  related to or from any other site. We are not responsible for webcasting  or any other form of transmission received from any Linked Site. We are  providing these links to you only as a convenience, and the inclusion  of any link does not imply endorsement by us of the site or any association with its operators. We reserve the right to disable links  from any third-party sites to the Site.


Please exercise discretion while browsing the Internet and using the  Site. You should be aware that when you are using the Site, you could be  directed to other sites that are beyond our control. There are links to  other sites from the Site pages that take you outside of the Site. For  example, if you “click” on a banner advertisement or a search result,  the “click” may take you off the Site. This includes links from  advertisers, sponsors, and content partners that may use our logo(s) as  part of a co-branding agreement. These other sites may send their own  cookies to users, collect data, solicit personal information, or contain  information that you may find inappropriate or offensive. In addition,  advertisers on the Site may send cookies to users that we do not  control.


We cannot ensure that you will be satisfied with any products or  services that you purchase from a third-party site that links to or from  the Site or third-party content on the Site. We do not endorse any of  the merchandise, nor have we taken any steps to confirm the accuracy or  reliability of, any of the information contained in such third-party  sites or content. We do not make any representations or warranties as to  the security of any information (including, without limitation, credit  card and other personal information) you might be requested to give any  third party, and you hereby irrevocably waive any claim against with  respect to such sites and third party content. We strongly encourage you  to make whatever investigation you feel necessary or appropriate before  proceeding with any online or offline transaction with any of these  third parties.


Links to Third Party Integrations. We may  provide links to third party integrations. Third party integrations are  websites or platforms that synchronize with our Site to provide you with  additional functionality, tools, or services such as processing  donations, sending newsletters, or providing translations.


You acknowledge and agree we are not responsible for the availability  of such sites or resources and do not endorse and are not responsible  or liable for any content, advertising, goods, services or other  materials on, available through, or provided by such sites or resources.


We are not responsible for the privacy or other practices of such  sites and cannot guarantee the security of any of your personal  information that you provide or is collected by such sites.  We  encourage you to review the privacy policies and terms and conditions on  those linked sites.


Disclaimers and Limitation of Liability. The  Site and the materials located on or through the Site are provided by us  for informational purposes only, with the understanding that we are by  the provision of these materials not engaged in the rendering of legal,  financial, or other professional advice or service. The information or  materials contained in or through the Site are based upon sources  believed to be accurate and reliable; and we have exercised reasonable  care to assure the accuracy of the information. However, we make no  representation or warranty as to the accuracy, completeness or  timeliness of the information or materials. The information and material  on this Site should not be relied upon or used as a basis for making  significant decisions without consulting primary or more accurate, more complete or timelier sources of information. ANY RELIANCE ON THE  INFORMATION OR MATERIAL ON THIS SITE IS AT YOUR OWN RISK. ADVICE  RECEIVED VIA THE SITE SHOULD NOT BE RELIED UPON FOR PERSONAL,  PROFESSIONAL, CAREER, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD  CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR  SITUATION.


THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WE MAY  MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. WE MAKE NO  REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE.


TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH  INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE  PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.

TO THE MAXIMUM EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED  TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR  PURPOSE, TITLE, NONINFRINGEMENT, DESIGN, ACCURACY, CAPABILITY,  SUFFICIENCY, SUITABILITY, CAPACITY, COMPLETENESS, AVAILABILITY,  COMPATIBILITY OR ARISING FROM COURSE OF DEALING OR COURSE OF  PERFORMANCE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NAPCA AND/OR ITS SUPPLIERS OR THIRD-PARTY CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL  DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES  FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER  VIRUSES, LOSS OF USE, DATA OR PROFITS, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND  INTANGIBLE LOSSES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE  OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE  OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR  FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF EMAIL MESSAGES  OR OTHER COMMUNICATIONS YOU SEND US, OR FOR ANY INFORMATION, SOFTWARE,  PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR  OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT,  TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF NAPCA OR ANY  OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.


SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES AND AS A RESULT THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.


Payments. NAPCA uses a third-party payment  vendor to process donations. Our third-party payment vendor accepts  payments through various credit cards, as detailed on the applicable  payment screen. The credit card information you enter into the NAPCA  Site is not retained by NAPCA but is passed through to a secure  third-party payment processor with whom we contract to process  donations. To the extent that you access external websites for the  purpose of payment processing that may be accessible through or link off  of the NAPCA  Site, those entities may have their own terms and  conditions, privacy policies, data collection, and use and disclosure  practices. You acknowledge and agree that NAPCA is not responsible or  liable, directly or indirectly, for the availability of such external  websites or resources and does not endorse, and is not responsible for,  any content, advertising, products, services or other materials on or  available through such websites or resources.


Electronic Communications Privacy Act Notice (18 U.S.C. §§2701-2711). We make no guaranty of confidentiality or privacy of any communication  or information transmitted on the site or any web site linked to the  site. We will not be liable for the privacy of the information, e-mail  addresses, registration and identification information, disk space,  communications, confidential or trade-secret information, or any other  content transmitted over networks accessed by the site, or otherwise  connected with your use of the site.


Right to refuse service. We may prohibit you  from participating in or utilizing the Site if in our sole and absolute  discretion you show a disregard for the Terms or act in an unacceptable  manner, with the intent to annoy, abuse, threaten, or harass any other  person, or in any other disruptive manner. We also reserve the right to  refuse service, terminate your access, remove or edit content or cancel  orders in our sole and absolute discretion.


Suspension of site. If for any reason any  portion of the Site is not capable of running as planned, including  infection by computer virus, bugs, tampering, unauthorized intervention,  fraud, technical failures, or any other causes beyond our reasonable  control which corrupt or affect the administration, security, fairness,  integrity, or proper conduct of the Site, we reserve the right (but not  the obligation) in our sole and absolute discretion, to prohibit you and  any other individual or entity from using the Site, and to cancel, terminate, modify or suspend the Site or any portion thereof and void  such information.


Access restriction. Access to parts of the  Sites are restricted to authorized persons. If you believe you have been  granted access to any document or file by mistake, please exit the restricted section immediately and contact us as soon as possible.


Parts of the Sites incorporate encryption technology but even if  there is encryption technology in place, we cannot guarantee that  unauthorized individuals will not be able to access confidential  information hosted on or downloaded from the Sites.


The documents and files hosted on restricted parts of the Sites are  confidential. You must not distribute the documents and files hosted in  these areas except to persons authorized to read them. If you believe  that you may have been granted access to a document or file by mistake  you must not download it, copy it, use it for any purpose or disclose  its contents to any other person.


Limitation on liability. You also agree that  we are not responsible or liable in any way for injury, loss or damage  to your computer or interception or use of credit card information, related to or resulting from use of the Site or any sites, services or  materials linked or related thereto or therefrom and also are not  responsible or liable in any way for any injury, loss, claim or damage  relating to or resulting from any part of the Site operating or not operating on computers or networks used by you or communicating with  such computers or networks.


Information provided by other users. We do  not control the information provided by other users which is made  available through the Site. You may find another user’s information to  be offensive, harmful, inaccurate, or deceptive. Please use caution and  common sense when using the Site. Please note that there are also risks  of dealing with people acting under false pretense.


Technical inaccuracies. The Site may contain  technical inaccuracies or typographical errors or omissions. We are not  responsible for any typographical, photographic, technical or pricing  errors listed on our Site. We reserve the right to make changes,  corrections and/or improvements to the Site, and to the products and  programs described in such information, at any time without notice as  described above in Modification of These Terms.


Indemnification. You agree to indemnify,  defend and hold harmless NAPCA; its affiliates, licensees and partners;  and their respective officers, director, employees, agents, members,  licensors, representatives, and third party service providers of the Site (“Indemnified Parties”) from and against any and all allegations,  demands, claims, liabilities, damages, fines, losses, expenses,  penalties or costs of whatsoever nature, including reasonable attorneys’  fees and court costs, and whether by reason of death of or injury to  any person or loss of or damage to any property or otherwise (“Claims”)  arising or resulting in any way from any violation of these Terms or the  services provided to you as part of the Site or any related act or  failure to act by you and whether or not occasioned or contributed to by  the negligence of NAPCA or any agent or employee of Indemnified Parties  (except as and to the extent prohibited by applicable law) including,  without limitation, any Claims related to infringement by you of the  intellectual property rights of any person, including without  limitation, copyright, patent, trade secret, trade mark, artist rights,  droit moral, privacy, publicity or rights under other intellectual  property laws.  Without limiting the foregoing, if you cause a technical  disruption of the Site or the systems transmitting the Site to you or  others, you agree to be responsible for any and all losses, liabilities,  expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. In the event  that any Claim is made or any action or proceeding is brought against  the Indemnified Parties, or any of them, arising out of or connected  with the Terms, any such Indemnified Party may, by reasonable notice to  you, require you, at your expense, to resist such Claim or take over the  defense of any such action or proceeding and employ counsel for such  purpose, such counsel to be subject to the prior written approval of  such Indemnified Party, which approval shall be deemed to have been  given hereby in the case of counsel acting for your insurance  underwriters engaged in such resistance or defense. You shall cooperate  with us in the defense of any Claim. We reserve the right, at our own  expense, to assume the exclusive defense and control of any matter  otherwise subject to indemnification by you.


Governing Law. To the maximum extent  permitted by law, these Terms are governed by the laws of the State of  Washington and you hereby consent to the exclusive jurisdiction and venue of courts in Washington in all disputes arising out of or relating  to the use of the Site. You also agree that any action at law or in  equity arising out of or relating to the Terms shall be filed only in  the United States District Court for the Western District of Washington,  if there is no federal jurisdiction over the action, in the courts of  the State of Washington located in King County, Washington. You hereby  consent and submit to the personal jurisdiction of such courts for the  purposes of litigating any such action.


Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including  without limitation this paragraph.


General Terms. The following general terms apply to you and your use of the Site:

You agree that no joint venture, partnership, employment, or agency  relationship exists between you and us as a result of these Terms or use  of the Site.

Our performance of these Terms is subject to existing laws and legal  process, and nothing contained in these Terms is in derogation of our  right to comply with governmental, court and law enforcement requests or  requirements relating to your use of the Site or information provided  to or gathered by us with respect to such use.

If any part of these Terms is determined to be invalid or  unenforceable pursuant to applicable law including, but not limited to,  the warranty disclaimers and liability limitations set forth above, then  the invalid or unenforceable provision will be deemed superseded by a  valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.

Unless otherwise specified herein or agreed to by the user, these  Terms constitute the entire agreement between the user and NAPCA with  respect to the Site and it supersedes all prior or contemporaneous  communications and proposals, whether electronic, oral or written,  between the user and NAPCA with respect to the Site. A printed version  of these Terms and of any notice given in electronic form shall be  admissible in judicial or administrative proceedings based upon or  relating to these Terms to the same extent and subject to the same  conditions as other business documents and records originally generated  and maintained in printed form.


Software. The software that runs the Site is  owned by us and/or our licensors. Except to the extent expressly  permitted by applicable laws, you must not copy, modify, download, distribute or de-compile that software without our consent.


You may download material displayed on the Site for non-commercial,  personal use provided you also retain all copyright and other  proprietary notices contained on the materials. You may not distribute,  modify, transmit, reuse, repost or use the content of the Sites for  public or commercial purposes, including the text and images, without  written permission. For information on how to obtain permission, scroll  down to “Copyright Permission.”


Except as expressly permitted by applicable law and by the preceding  paragraph, you may not copy (except to the extent required in order to  use the Sites in accordance with these Terms), store in any medium  (including in any other websites), distribute, transmit, re-transmit, broadcast, modify, or show in public any part of the Sites or  systematically extract material from the Sites or any document available  through the Sites or in any other way exploit commercially all or any part of the Sites or any document available through the Sites without  our prior written permission.


Copyright and Trademark Notices. The  trademarks, logos, and service marks (collectively the “Trademarks”)  displayed on the Site are registered and unregistered Trademarks of the administrator(s) of the Site and others. Nothing contained on the Site  should be construed as granting, by implication, estoppel, or otherwise,  any license or right to use any Trademark displayed on the Sites  without our written permission or the permission of such third party  that may own the Trademarks displayed on the Sites. All contents of the  Site are: Copyright 2020 National Asian Pacific Center on Aging. All  rights reserved.


Copyright RequestsPermission requests may be sent to: admin@napca.org


How to Contact Us. If you have any questions  regarding this Policy, your privacy, or our policies in the event of a  compromise of your information, you may contact us at: admin@napca.org

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