LAHD NAC

LAHDNAC Resource Database Agreements

Last Updated Date: May 16, 2022

PLEASE READ THESE TERMS CAREFULLY BEFORE AGREEING TO THIS USER AGREEMENT.  YOU ARE FORMING AN AGREEMENT BY EITHER AGREEING TO THE TERMS BELOW OR USING THE SERVICES OFFERED ON THE LAHDNAC RESOURCE WEBSITE

By agreeing to this User Agreement (the “Agreement”) you are signifying your acceptance to the terms listed below, and any changes made to them from time to time.  If you do not agree to all of the terms listed below, please do not indicate your agreement below or use this site!  The services offered in this website (the “Services”) are provided by EVAN TERRY ASSOCIATES, LLC (“ETA, LLC”), located at https://www.LAHDNAC.com.

LAHDNAC SERVICES

ETA, LLC shall provide services (the “Service” or the “Services”) made available to you as a user (collectively, “you,” “User” or “Users”) through the LAHDNAC website portal (the “Website”), a mobile version of the Website (the “Mobile Website”), or an application rendition of the Website running on a mobile device (the “Mobile App”), (collectively referred to herein as the “LAHDNAC Site”).  The Service is made available on the Internet through Users’ personal computers, or other access device such as a mobile phone, utilizing a communications connection, and service access levels may vary depending upon access levels selected by a User.  In general, the Service supplies accessibility compliance and related information through the LAHDNAC Site, such as text, graphics, images, audio, videos, and other accessibility related information obtained from ETA, LLC and its licensors, third party contributors, and other sources.  Such material contained on the LAHDNAC Site (hereinafter the “Content”) is provided for informational purposes only and is not intended to be a substitute for professional advice in, for example, the planning or construction of buildings and structures compliant with accessibility compliance laws, regulations, codes, and standards, or related scientific, research, and education compliance activities.  Always seek the advice of an architectural, construction, legal, or other professional with any questions you may have regarding actual accessibility compliance for individual developments, facilities, and projects.  The LAHDNAC Site is considered “INFORMATIONAL” AND ANY USE OF THE INFORMATION PROVIDED BY OR THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK.  Notwithstanding the above limitations, the LAHDNAC Site contains the most current versions of the requirements and interpretations used by the Evan Terry Associates CA (ETA CA), Neutral Accessibility Consultant (NAC) for the Los Angeles Housing Department (LAHD), team members in their verification of compliance with the Voluntary Compliance Agreement (VCA) and the Corrected Settlement Agreement (CSA) signed by LAHD.

The Content is protected by copyright under both United States and foreign laws. Title to the Content remains at all times with ETA, LLC or its licensors. Any use of the Content not expressly permitted by this Agreement is a breach of your duties to ETA, LLC under the herein provided terms and may violate copyright, trademark, and other laws. Content and features on the LAHDNAC Site are subject to change or removal without notice to Users, and all rights not expressly granted herein are reserved to ETA, LLC and its licensors.

If you violate any of the terms of this Agreement, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

APPLICABLE FEES

Depending upon a User’s access level, an access or subscription fee may be due and payable as set up during the User registration process and periodically renewed.  If payment is not received in the full amount at the time it is due, ETA, LLC may immediately terminate a User’s account.  ETA, LLC reserves the right to modify fees for Services at any time and these modified fees shall be posted and made available from the LAHDNAC home page or via other agreed to forms of communication, such as email.   

CONFIDENTIAL USE

To the extent a User is exposed to confidential or proprietary ETA, LLC information associated with the Services or its documentation that relate to the design, development, operation, testing or use of the Services or any additions or modifications thereto, User agrees to keep such information confidential and to use the same security measures as it uses to protect its own confidential technical information, provided that such measures shall be commercially reasonable for such purpose.  User further agrees not to disclose such information to anyone other than those of its employees, and such contractors as ETA, LLC may approve, under nondisclosure obligations that have a need to know such information in connection with use of the Services or who have also executed the Agreement. The foregoing confidentiality obligations shall not apply to any information generally available to the public, independently developed or obtained without reliance on ETA, LLC’s information, or information approved for release by ETA, LLC without restriction.

USER’S INFORMATION & PASSWORDS

To the extent requested, you agree to provide ETA, LLC with accurate, complete, and updated information regarding your legal name, address, telephone number(s), and you further agree to notify ETA, LLC as soon as practicable of any changes.  Failure to do so may result in immediate suspension or termination of the Services.  Users may be allowed to select a unique password and are responsible for maintaining the confidentiality of such password and liable for any harm resulting from their disclosure of or allowance of disclosure of any password.  ETA, LLC, shall, in its sole discretion, electronically monitor any areas of the LAHDNAC website for adherence to the Agreement and reserves the right to disclose any communication to protect the rights or property of ETA, LLC and/or its Users, or to satisfy any law, regulation or authorized governmental request if required to disclose such communication information as part of a legal or administrative proceeding. 

The LAHDNAC Site may include Content from Users from all over the world.  ETA, LLC has no editorial control of Content published by its Users or any third parties.  Any and all Content made available by Users or any third parties are those of the Users or third parties themselves and do not necessarily represent the views of ETA, LLC and ETA, LLC DOES NOT GUARANTEE THE ACCURACY OR RELIABILITY of any such information.  ETA, LLC shall not, under any circumstance, be liable for any loss or damage caused by a User’s reliance on information obtained through ETA, LLC 's or LAHDNAC’s Site or Services.

Users may have opportunity to order and purchase merchandise or services from other Users of the Service or third parties, such as for example by clicking on a link associated with viewed Content.  However, all such transactions are solely between the User and those third parties.  ETA, LLC makes no warranties or representations whatsoever regarding such transactions and each User does hereby release ETA, LLC from any and all liability or obligation with respect to any loss, cost, damage, or claim arising either directly or indirectly from such transactions, including those arising from any action or inaction of either party in such transactions.

USER SUBMISSIONS (when allowed)

Upon registration and execution of the LAHDNAC Contributor Agreement (presented prior to uploading content), Users may be allowed to post or upload Content created by the User or Content in which a User may have rights to transmit and license, and which do not violate trademark, copyright, privacy or any other rights of any other person.  Photos or videos of celebrities and cartoon or comic images are usually copyrighted by the owner.  To protect your privacy, ETA, LLC recommends that you not submit any media that contains personally identifiable information (e.g. names, phone numbers, email addresses) of you or of anyone else.  Further, uploading media like images or video of other people without their permission is strictly prohibited, unless the information is public domain.  By uploading any information on the LAHDNAC Site, you warrant that you have permission from all persons appearing in your Content for you to make such a contribution and a grant of rights described herein and you are releasing and indemnifying ETA, LLC from any damage or injury caused by uploading and publication of your own personally identifiable information. You agree to never post a picture or video of or with someone else unless you have their explicit permission, unless such images are public domain.

It is strictly prohibited to upload Content of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or further any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with the terms of this Agreement or the LAHDNAC Site Privacy Policy below.  You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or the LAHDNAC Site.  By uploading any Content, such as without limitation photos, text, or videos, (a) you grant to ETA, LLC a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit, and distribute the Content and any material included in the Content; (b) you certify that any person pictured in the submitted Content (or, if a minor, his/her parent/legal guardian) authorizes ETA, LLC to use, copy, print, display, reproduce, modify, publish, post, transmit, and distribute the Content and any material included in such Content; and (c) you agree to indemnify ETA, LLC and its affiliates, directors, officers, and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from the Content and/or your failure to comply with the terms described in this Agreement.  ETA, LLC reserves the right to review all Content prior to submission to the LAHDNAC Site and to remove any Content for any reason, at any time, without prior notice, at ETA, LLC’s sole discretion.

ADVERTISEMENTS, SEARCHES, AND LINKS TO OTHER SITES

ETA, LLC may provide links to third-party web sites.  ETA, LLC also may select certain sites as priority responses to search terms you enter and ETA, LLC may agree to allow advertisers to respond to certain search terms with advertisements or sponsored Content. ETA, LLC does not recommend and does not endorse the Content on any third-party websites. ETA, LLC is not responsible for the Content of linked third-party sites, sites framed within the LAHDNAC Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their Content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. ETA, LLC does not endorse any product, service, or treatment advertised on the LAHDNAC Site.

PROTECTION OF INTELLECTUAL PROPERTY

The User acknowledges that proprietary rights protect the Services, and that these rights are valid and protected in all forms, media, and technologies existing now or hereafter developed. Except for personal and non-competitive uses, Users have no right to copy or duplicate materials from the LAHDNAC Site, including without limitation any materials included in the Content, whether or not resulting from user submissions. 

LIABILITY OF ETA, LLC AND ITS LICENSORS

The use of the LAHDNAC Site and the Content is at your own risk.  When using the LAHDNAC Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of ETA, LLC and its suppliers.  Accordingly, ETA, LLC assumes no liability for or relating to the use, reliance upon, delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the LAHDNAC Site. 

The LAHDNAC Site and the Content is provided on an “as is” basis. ETA, LLC, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, ETA, LLC, its licensors, and its suppliers make no representations or warranties about the following:

  1. The accuracy, reliability, completeness, compliancy, or timeliness of the Content, links to third party websites, or communications provided on or through the use of the LAHDNAC Site or through or within the Content.
  2. The satisfaction of any government regulations requiring disclosure of or compliancy with ADA, accessibility, or related regulations. 

In no event shall ETA, LLC, its licensors, its suppliers, or any third parties mentioned on or through the LAHDNAC Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the LAHDNAC Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not ETA, LLC, its licensors, its suppliers, or any third parties mentioned on the LAHDNAC Site are advised of the possibility of such damages. ETA, LLC, its licensors, its suppliers, or any third parties mentioned on or through the LAHDNAC Site shall be liable only to the extent of actual damages incurred by you, not to exceed $100 (USD).  ETA, LLC, its licensors, its suppliers, or any third parties mentioned on the LAHDNAC Site are not liable for any personal injury, including death, caused by your use or misuse of the LAHDNAC Site or Content.  Any claims arising in connection with your use of the LAHDNAC Site and Content must be brought within one (1) year of the date of the event giving rise to such action occurred.  Remedies under this Agreement are exclusive and are limited to those expressly provided for in this Agreement.

INDEMNITY

You agree to defend, indemnify, and hold ETA, LLC, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this Agreement.

USE AND TERMINATION

ETA, LLC  is an equal opportunity service provider and does not discriminate against others based on race, gender, age, creed, disability, or otherwise, and any activities deemed to be objectionable, unlawful, damaging, threatening, disparaging, harassing, slanderous, profane, hateful, racially, ethnically, or otherwise objectionable material or behavior may cause termination of access and a refusal to provide Services to anyone for any reason indicated in this paragraph at any time, regardless of use prior to registration or after registration, and irrespective of execution of this Agreement.  Misconduct on the part of a User as determined solely by ETA, LLC shall be grounds for termination of use of the Services.  Further, any uploading of damaging or virus infected materials, whether known or unknown, shall be deemed grounds for immediate termination of a subscription.  ETA, LLC may terminate immediately without notice to any User who misuses or fails to abide by this Agreement.  The termination of some Users on the basis of this paragraph shall in no way be taken to indicate any endorsement by ETA, LLC of the actions or statements of other Users whose use is not similarly terminated.  User or ETA, LLC may terminate this Agreement and access the Services at any time and for any reason or no reason. The only right a User has with respect to any dissatisfaction with any ETA, LLC Services, policies, guidelines, Content, fees, etc. is to terminate use of the ETA, LLC Services and LAHDNAC Site.  User may terminate their subscription by delivering notice to ETA, LLC, and termination shall be effective the day ETA, LLC receives notification of termination or such specified future date as may be acceptable to ETA, LLC. Termination of the Agreement automatically terminates all Services immediately and the User shall have no access to any Services after that time. 

LEGALITY AND GOVERNING LAW

In the event that any portion of the Agreement is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the Agreement shall remain in full force and effect.  The Agreement shall be governed by and construed in accordance with the laws of the State of Alabama, except with regard to its conflicts of law rules. Each party irrevocably consents to the exclusive jurisdiction of the courts of the State of Alabama.  Titles and headings are included for readability and are not to be considered a part of this document.

MODIFICATIONS

ETA, LLC may modify the terms of this Agreement at any time by posting changes and making them accessible from the LAHDNAC Site or by directly contacting the User.  The Agreement shall become effective immediately after posting.  If the modified Agreement is unacceptable to you, you have the option to terminate use of the LAHDNAC Site; however, failure to discontinue use shall be deemed as your acceptance of any modifications of the Agreement.

COPYRIGHTS AND TRADEMARKS

ETA, LLC maintains a valid and existing copyright in the entire LAHDNAC Site and Content provided by ETA, LLC.  Content provided by ETA, LLC’s Content licensors retain their respective rights in copyright worldwide. 

NOTICE OF PROTECTION UNDER THE DMCA

ETA, LLC is committed to complying with U.S. copyright law and expects all Users and contributors who access or use the Services to do the same. The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for owners of copyrighted material who believe that their rights under U.S. copyright law have been infringed on the Internet. Under DMCA, copyright owners may notify the “authorized agent” of a service provider, such as ETA, LLC, to report alleged infringements of their works appearing on Web pages hosted by ETA, LLC. Upon receipt of a properly filed complaint satisfying the requirements of the DMCA, ETA, LLC will remove or block access to the allegedly infringing material. If a User of ETA, LLC’s Services believes in good faith that a notice of copyright infringement has been wrongly filed, such person may submit a counter-notice to ETA, LLC.  However, ETA, LLC hereby refuses to be a party to disputes over alleged copyright infringement except its own.

This information should not be construed as legal advice to a reader, but ETA, LLC is glad to provide the following information to you for informational purposes only.  If you truly believe that your copyrights have been infringed, or if a notice of copyright infringement has been filed against you, we advise that you seek immediate legal counsel.

Notices And Procedure For Making Claims Of Copyright Infringement

If you believe any materials accessible on or from the LAHDNAC Site infringes your copyright, you may request removal of those materials (or access thereto) from this web site by contacting ETA, LLC’s copyright agent (identified below) and providing the following information:

  1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
  2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
  3. Your name, address, telephone number and (if available) e-mail address.
  4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
  5. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
  6. A signature or the electronic equivalent from the copyright holder or authorized representative.

ETA, LLC’s agent for copyright issues relating to this web site is as follows:

Evan Terry Associates, LLC
Attn: Copyright Agent
1 Perimeter Park South, Suite 200 S
Birmingham, AL  35243 USA
Support@LAHDNAC.com
Or call: 205-972-9100

Counter Claims

Upon receipt of the written notification containing the information as outlined in points 1 through 6 above:

  1. ETA, LLC shall remove or disable access to the material that is alleged to be infringing;
  2. ETA, LLC shall forward the written notification to the alleged infringer;
  3. ETA, LLC shall take reasonable steps to promptly notify the complaining party that it has removed or disabled access to the material.

 

COMPLETE AGREEMENT

Except as expressly provided in another agreement on the LAHDNAC Site, these Agreement terms constitute the entire agreement between you and ETA, LLC with respect to the use of the LAHDNAC Site and associated Content.

*       *       *       *       *       *       *

LAHDNAC Terms of Service

Last Updated Date: May 16, 2022

This Master Subscription Agreement (this “Agreement”) is by and between Evan Terry Associates, LLC, (“ETA, LLC,” “we,” “us,” “our”), and you (“Customer,” “you,” “your”) (ETA, LLC and Customer each a “Party” and, together, the “Parties”). This Agreement applies to the use of services through LAHDNAC.com (the "LAHDNAC Site"). This Agreement is subject to change by us without prior written notice at any time, in our sole discretion. Any changes to this Agreement will be in effect as of the "Last Updated Date" referenced above. You should review this Agreement prior to using any services that are available through the LAHDNAC Site. Your continued use of the LAHDNAC Site after the "Last Updated Date" will constitute your acceptance of and agreement to such changes.

Read the below terms and conditions carefully.  By using services from the site, you accept and are bound by these terms and conditions.  You may not use services from this Site if you do not agree to and abide by this agreement. 

RECITALS 

A     Customer desires to procure certain software-as-a-service solution(s) (“Services”) from ETA, LLC under this Agreement.

B.    ETA, LLC desires to provide such Services to Customer under the terms and conditions of this Agreement and one or more Order Forms issued pursuant thereto.

Accordingly, in consideration of the foregoing and the mutual covenants contained herein and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties, intending to be legally bound, agree as follows:

1. CUSTOMER’S USAGE RIGHTS, RESTRICTIONS, & RESPONSIBILITIES

 1.1          Access to the Services.  Subject to the terms and conditions of this Agreement and Customer’s payment of all applicable fees, ETA, LLC grants Customer a limited, non-exclusive, non-sublicensable, non-transferable (except as expressly permitted herein) right to access and use the Services described in one or more Order Forms solely for Customer’s internal business purposes.

1.2          User Subscriptions.          Each named individual who is an employee, consultant, contractor, or agent of Customers who has been supplied a user identification and password for the Services by Customer or by ETA, LLC at Customer’s request (“User”) must have a paid subscription for the Services, whether paid by User or by another.  User subscriptions are for named Users and cannot be shared or used by more than one User, but may be transferred to new Users from Users who no longer require ongoing use of the Services.  ETA, LLC reserves the right to monitor Customer’s and its Users’ compliance with any usage restrictions in this Agreement.

 

1.3          Customer’s Responsibilities.  Customer is responsible for (a) the confidentiality of User access credentials that are in your possession or control; (b) the activity of Customer’s Users in the Services; and (c) Customer’s compliance with this Agreement.  Customer must notify ETA, LLC immediately if it becomes aware, or reasonably suspects, that the security of Customers’ account(s) has been compromised.  Customer is also responsible for storing, maintaining, and backing up any and all data submitted by Users, or otherwise on your behalf, into the Services (“Customer Data”).

 1.4          Restrictions.       Except as expressly authorized by ETA, LLC prior to each instance, Customer shall not: (a) permit any third party to access or use the Services (other than Customer’s Users); (b) derive the source code or use tools to observe the internal operation of the Services; (c) copy, modify, or make derivative works of the Services; (d) use the Services or any materials provided by us to build a competitive product or service or to benchmark with a non-ETA, LLC product or service; (e) remove any proprietary markings or notices from any materials provided to Customer by ETA, LLC; (f) create internet links to or from, or frame or mirror any part of the Services; or (g) use the Services: (i) to send spam, duplicative, or unsolicited messages in violation of applicable laws or regulations; (ii) to send or store material that violates the rights of a third party; (iii) to send or store material containing viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents, or programs; (iv) in a way that interferes with or disrupts the integrity, security, availability, or performance of the Services; or (v) for any other illegal or unlawful purpose.  Customer may not knowingly facilitate or aid a third party in any of the foregoing activities.  A knowing breach of this section, or Customer’s failure to promptly cure any breach of this section, is a material breach of this Agreement.  

1.5          Third-Party Software.      Customer acknowledges and agrees that the Services may require third-party software to operate. Except to the extent third-party software is provided by ETA, LLC to enable Customer to access and operate the Services, (a) Customer is solely responsible for obtaining the right to use all of the third-party software that the Software requires to operate from the owner of such third-party software, and paying directly to such owner the license fees for such third-party software; and (b) ETA, LLC has no responsibility, liability, or obligation with respect to any third-party software.

2. AVAILABILITY AND SUPPORT

2.1          Availability.         We will use reasonable efforts to maintain availability of the Services 24 hours a day, 7 days per week, except for scheduled maintenance, of which we shall give at least 24 hours’ notice via the Services. While maintenance is typically conducted outside of ordinary working hours, we cannot guarantee that it will be exclusively conducted outside of ordinary working hours.  We do not offer service credits for service outages.

2.2          Customer Support.           We will provide you with the customer support related services set forth on the LAHDNAC Site in accordance with our then-current service level standards which are available on the LAHDNAC Site.

 

2.3          Beta and Early Access Services. From time to time, ETA, LLC may make some early access services available to Customer via the Beta Services. You may choose, but are not required, to try these Beta Services. Beta Services may contain bugs or errors and any participation in or use of the Beta Services is at your own risk. You recognize and understand that Beta Services are provided on an “as is” basis exclusive of any warranty whatsoever. ETA, LLC may discontinue the Beta Services at any time in its sole discretion.

2.4          Professional Services.     We may also provide other services, such as implementation and training. Any such services are outside the scope of the Services provided under this Agreement and require a separate written agreement between the parties.

3. FEES AND PAYMENT TERMS

3.1          Fees and Expenses. The subscription fees for the Services (“Fees”) shall be invoiced and due and payable as set forth in the invoice.  All payment obligations are non-cancellable and, all amounts paid are non-refundable.  All fees are quoted and invoiced in U.S. dollars.  A 1.5% per month interest fee will be charged on all past due invoices.

3.2          Taxes. All Fees are exclusive of applicable taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for their payment, excluding taxes on ETA, LLC’s net income.

3.3          Suspension of Access.  In addition to any other rights we may have, ETA, LLC reserves the right to suspend Customer’s access to the Services if Customer has amounts more than thirty (30) days past due, until all such amounts are paid in full.  

3.4          Order Acceptance and Cancellation.  You agree that your order is an offer to buy, under this Agreement, all services included in your order. All orders must be accepted by us, or we will not be obligated to sell the services to you. We may choose not to accept orders at our sole discretion.

3.5          Prices.   All prices, discounts, and promotions posted on the LAHDNAC Site are subject to change without notice. The price charged for a service will be the price advertised on the LAHDNAC Site at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable. The price charged will be clearly stated in your order confirmation email. Price increases will only apply to orders placed after the time of the increase. Posted prices do not include any taxes or charges for shipping and handling, should they apply. All such taxes and charges will be added to your total price and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

 

3.6          Payment Methods.  Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept Visa, Mastercard, American Express, and Discover credit cards for all purchases. For purchase Order, or pay by check or money order, please contact us at support@LAHDNAC.com. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the LAHDNAC Site at the time of your order.

4. TERM AND TERMINATION

4.1          Term. This Agreement commences on the Effective Date and continues in effect until the end of the Subscription Term set forth in the applicable Order Form or as otherwise provided herein.  Unless otherwise stated in the applicable Order Form, after the Initial Subscription Term as specified in the applicable Order Form, the Subscription Term shall automatically renew each year for subsequent one (1) year terms (a “Renewal Subscription Term”), and Customer will be obligated to pay the Fees for the Services for such year in accordance with the applicable Order Form unless Customer notifies ETA, LLC in writing at least thirty (30) days before the end of the then-current term that Customer no longer desires to use the Services under the applicable Order Form.

4.2          Subscription Changes.    If you add subscriptions after the beginning of a subscription term, the initial term of the new subscriptions will run for the remainder of the then-current subscription term.  You may reduce the number of subscriptions, effective only upon expiration of the then current subscription term, by providing us with at least 30 days’ prior, written notice.  This Agreement will remain in effect until all subscriptions have expired.

4.3          Legacy Services. ETA, LLC may, in its sole discretion, discontinue certain Services (“Legacy Services”) upon provision of at least forty-five (45) days’ notice to you. In the event ETA, LLC discontinues a Service prior to the end of your Subscription Term, ETA, LLC will make the Legacy Service available for the remainder of your Subscription Term, after which the Legacy Services will be unavailable or will refund the prorated value of your subscription service.

4.4          Free Trial.  If you register for a free trial, ETA, LLC will make the applicable Service available to you on a trial basis free of charge until the earlier of (a) the end of the free trial period for which you registered to use the applicable Service, or (b) the start date of any Subscription Term as specified in any Order Form, or (c) termination by ETA, LLC in its sole discretion. Trial terms and conditions may appear on the trial registration page. Any such additional terms and conditions shall apply in addition to those in this Agreement, and are incorporated into this Agreement by reference.

4.5          Termination; Suspension.   Either Party may terminate this Agreement (and all Order Forms hereunder) by giving written notice to the other Party in the event the other Party is in material breach of this Agreement (including for non-payment by Customer) and shall have failed to cure such breach within thirty (30) days of receipt of written notice thereof from the non-breaching Party.  ETA, LLC may also elect to suspend your access to the Services if you materially breach this Agreement.

4.6          Effect of Termination.

(a)   Upon termination of this Agreement or any Order Form: (i) Customer and all Users must immediately cease using the Services; (ii) each Party shall return all other Confidential Information (as defined below) of the other Party to such other Party, or else shall permanently destroy all Confidential Information of the other Party, at the other Party’s request, but may retain Confidential Information to the extent required by law or governmental authority or that is automatically backed up in accordance with the receiving party’s generally applicable backup policies; and (iii) Customer shall promptly pay ETA, LLC all unpaid Fees incurred prior to termination or expiration of this Agreement or the applicable Order Form. Unless expressly set forth herein to the contrary, termination of this Agreement and the licenses granted hereunder shall not entitle Customer to any refund of any Fees. 

(b)   If requested by you within 30 days before the effective date of termination or expiration of this Agreement (“Retention Period”), we will make a file of Customer Data available to you for downloading. After the Retention Period, we will have the right to delete all Customer Data and will have no further obligation to make it available to you. We recommend that you download a copy of this data before the Retention Period expires.

(c)   Any provision of this Agreement that expressly or by implication is intended to operate after expiration or termination of this Agreement shall remain in full force and effect.

5. Proprietary Rights 

5.1          Services. Subject to the limited rights expressly granted hereunder, as between the parties we own all rights, title and interest, including all intellectual property rights, in and to the Services, including any configurations, customizations, modifications, enhancements, updates, and revisions thereof. All rights not expressly granted in this Agreement are reserved by us. The ETA, LLC names and logos and the product names associated with the Services are our or our licensors’ trademarks, and no right or license is granted under this Agreement to use them.

5.2          Customer Data.

(a) You represent and warrant that you have obtained all required permissions, consents, and licenses in order to grant us access to the Customer Data.  Subject to the limited rights expressly granted hereunder, as between the parties you own all rights, title, and interest, including all intellectual property rights, in and to Customer Data. You grant us, our affiliates and subcontractors a worldwide, royalty-free, non-exclusive license to host and use the Customer Data to the extent necessary to provide the Services and perform our rights and obligations under this Agreement.

(b) Subject to the foregoing, you grant ETA, LLC, our affiliates, and subcontractors, a worldwide, non-exclusive license to use aggregated Customer Data for our own research purposes.

 

5.3          Logos and Marks. You grant ETA, LLC a limited, non-exclusive, royalty free license to use your logos in ETA, LLC’s advertising, literature, and websites, solely in connection with the marketing and resale of the Services.

5.4          Feedback. You may, but are not required to, provide us with ideas, suggestions, requests, recommendations or feedback about the Services (“Feedback”). If you do so, you grant us and our affiliates a non-exclusive, worldwide, perpetual, irrevocable license to use, exploit, reproduce, incorporate, distribute, disclose, and sublicense the Feedback for any purpose.

6. WARRANTIES

6.1          Warranties.

(a)   Each Party represents and warrants to the other Party that it has the legal power and authority to enter into this Agreement, including any Order Forms pursuant hereto.

(b)   We warrant that: (i) the Services will perform materially in accordance with ETA, LLC’s written specifications as detailed on the LAHDNAC Site; (ii) we will not materially decrease the functionality of the Services during a current paid subscription term; and (iii) we will provide the Services using reasonable skill and care.

6.2          Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS, AND ETA, LLC DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL OTHER REPRESENTATIONS, WARRANTIES, AND GUARANTEES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THOSE (A) OF MERCHANTABILITY OR SATISFACTORY QUALITY, (b) OF FITNESS FOR A PARTICULAR PURPOSE, (C) OF NON-INFRINGEMENT, (D) ARISING FROM CUSTOM, TRADE USAGE, COURSE OF PRIOR DEALING, OR COURSE OF PERFORMANCE, AND (E) WITH RESPECT TO THE ACCURACY, COMPLETENESS, OR RELIABILITY OF THE SERVICES.

6.3          Remedies. If you notify us in writing that the Services do not conform with any of the warranties in this section, we will use reasonable efforts to investigate and correct any such non-conformance promptly and at no additional cost to you. You will use reasonable efforts to mitigate any damage you may incur as a result of such non-conformance. Subject to your right to terminate this Agreement for cause, this section constitutes your sole and exclusive remedy for breach of the warranties in section 6.1.

 7. CONFIDENTIALITY

7.1          Disclosure and Use. Neither Party will disclose the Confidential Information of the other Party to any person, other than the employees and contractors of the receiving Party who need to know such information to carry out the purposes of this Agreement. In addition, neither Party will use the Confidential Information of the other Party except for purposes related to their performance pursuant to this Agreement. Each Party will be responsible for any prohibited disclosure or use of the other Party’s Confidential Information by the receiving Party’s employees and contractors. Each Party shall protect the other Party’s Confidential Information using not less than the same degree of care with which it treats its own Confidential Information of like nature, but at all times shall use at least reasonable care.

7.2          Confidential Information. For the purposes of this Agreement, "Confidential Information" means the terms and conditions of this Agreement and any Order Forms, any information concerning the architecture, code, design, functionality, marketing, pricing, or Users of the Services, Customer Data, and all information communicated to one Party by the other Party, whether before or after the Effective Date, which the receiving Party should reasonably understand to be confidential or proprietary given the nature of the information or the circumstances of its disclosure.  Notwithstanding the foregoing, Confidential Information shall not include information which is (a) already known by the receiving Party without an obligation of confidentiality; (b) publicly known or that becomes publicly known through no unauthorized act of the receiving Party or its employees or agents; (c) rightfully received from a third party without an obligation of confidentiality; (d) independently developed without use of the disclosing Party’s Confidential Information; or (e) information that was authorized for disclosure in writing by the disclosing Party.

7.3          Disclosure Exceptions. A Party may disclose the other Party’s Confidential Information to the extent required to comply with a law or court order, provided that the receiving Party promptly notifies the disclosing Party of the requirement to disclose such information and cooperates with the other Party in an attempt to obtain an injunction preventing such disclosure or other protective order.

7.4          Equitable Remedies. Each Party acknowledges that any threatened or actual breach of this Section shall constitute immediate, irreparable harm to the disclosing Party for which equitable remedies may be awarded by a court of competent jurisdiction without the need to post a bond or other security. 

8. INDEMNIFICATION

8.1          Our Indemnification. Subject to section 9, we will indemnify and hold you and your officers, directors, employees, and agents harmless from and against any and all costs, damages, losses, liabilities and expenses, including reasonable attorneys’ fees and costs (collectively, “Damages”), to the extent arising out of a third party claim alleging that the Services infringe or misappropriate the intellectual property rights of a third party, except to the extent that the alleged infringement is based on: (a) a modification of the Services by anyone other than us; (b) use of the Services in combination with any software, hardware, network or system not supplied by us if the alleged infringement relates to such combination; or (c) use of the Services in a manner contrary to our written instructions or specifications. If the Services infringe, or we reasonably believe they may infringe, intellectual property rights, we may, at our own expense and option: (i) procure the right for you to continue use of such Services; (ii) modify such Services so that they become non-infringing without material loss of functionality; or (iii), if (i) or (ii) are not feasible, terminate the Agreement and refund you a pro-rata portion of any prepaid fees for the Services covering the period when you were unable to use the Services due to the infringement claim. The indemnification obligations set forth above represent OUR sole and exclusive liability and YOUR exclusive remedy for any DAMAGES described in this section.

8.2          Indemnification by You. You will indemnify and hold us and our affiliates, officers, directors, employees, and agents harmless from and against any and all Damages to the extent arising out of a third-party claim alleging that your collection, retention, or use of Customer Data, including your breach of your obligations in Section 5.2(a), or your use of the Services in breach of this Agreement infringes the rights of, or has caused harm to, a third party or has violated applicable law.

8.3          Indemnification Procedure. In the event of a potential indemnity obligation under this Section, the party claiming the indemnity shall provide to the other party: (a) prompt written notice of the claim such that the other party’s ability to defend the claim is not prejudiced; (b) sole control of the defense and settlement of the claim; and (c) all reasonable assistance, at the other party’s expense. Without the prior written consent of the party claiming the indemnity, the other party shall not settle or consent to an adverse judgment in any such claim that adversely affects the rights or interests of, or imposes additional obligations on, the party claiming the indemnity.

9. LIMITATIONS AND EXCLUSIONS

9.1          Limitation of Liability. IN NO EVENT SHALL ETA, LLC’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT, WARRANTY, OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER HEREUNDER IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.

9.2          Exclusion of Certain Damages. IN NO EVENT SHALL ETA, LLC HAVE ANY LIABILITY TO CUSTOMER FOR ANY LOST PROFITS, LOSS OF USE, LOSS OR CORRUPTION OF DATA, COSTS OF COVER, LOSS OF BUSINESS OR GOODWILL, WORK STOPPAGE, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER IN CONTRACT, TORT, WARRANTY, OR UNDER ANY OTHER THEORY OF LIABILTY, REGARDLESS OF WHETHER ETA, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.3          Customer’s Responsibility and Instructions. Except as expressly and specifically provided in this Agreement, Customer assumes sole responsibility for results obtained and conclusions drawn from the use of the Services by Customer. ETA, LLC shall have no liability for any damage caused by errors or omissions in any information, instructions, or scripts provided to ETA, LLC by the Customer in connection with the Services, or any actions taken by ETA, LLC at the Customer’s direction.

10. GENERAL PROVISIONS

 

10.1        Alternative Dispute Resolution. Before either Party initiates any legal proceeding, any matter in controversy will first be referred to the appropriate executives of the Parties, who shall take all reasonable steps to attempt to resolve the controversy.  This provision shall not be construed as limiting a Party’s right to immediately seek injunctive or other equitable relief if warranted.

10.2        Governing Law; Venue. This Agreement and all disputes, claims, and other matters arising hereunder (including non-contractual disputes or claims) (individually, or collectively, a “Dispute”) shall be governed exclusively by, and construed exclusively in accordance with, the laws of the state of Alabama, without regard to its conflicts of laws provisions.  All Disputes between you and ETA, LLC arising out of or relating to this Agreement, including without limitation Disputes based on or arising from an alleged tort, will be resolved by binding arbitration in accordance with Title 9 of the U.S. Code and the Commercial Arbitration Rules of the American Arbitration Association ("AAA"). Disputes will be arbitrated in Birmingham, Alabama, U.S.A. Defenses based on statutes of limitation and similar doctrines will be applicable in any such proceeding, and commencement of an arbitration proceeding under this Agreement will be deemed commencement of an action for such purposes. You and ETA, LLC agree that each may bring claims against the other only in your individual capacity and not as a plaintiff or class member in any purported class or representative action. Notwithstanding the foregoing, ETA, LLC reserves the right to resolve or bring any Dispute in a court of competent jurisdiction in the state or federal courts of Alabama and the parties irrevocably agree that, except when the Dispute is arbitrated, the exclusive venue for all Disputes between the parties will be the state and federal courts of Alabama, to which jurisdiction each party hereby irrevocably submits. Each party waives any objection or defense that it is not personally subject to jurisdiction of the state and federal courts of Alabama; that venue of the action is improper; and that the action, suit or proceeding is brought in an inconvenient forum. In addition to any other mode of service of process authorized by law, each party consents to service of process by registered or certified mail.

10.3        Force Majeure. A Party’s breach of this Agreement (other than a breach of its obligation to pay money) because of an act of God, act of government, civil commotion, earthquake, epidemic, explosion, fire, flood, labor strike, national emergency, quarantine, riot, terrorist attack, war, or any other event outside of such Party’s reasonable control (“Force Majeure Event”) will not give rise to a claim for damages by the other Party. The Party affected by a Force Majeure Event will advise the other Party in reasonable detail of the event (including the estimated duration of the event) as promptly as practicable and keep the other Party reasonably apprised of progress in resolving the event.

10.4        No Assignment. Customer may not assign any of its benefits or delegate any of its duties under this Agreement without the prior written consent of ETA, LLC. Notwithstanding the foregoing, Customer may assign its rights and delegate its duties under this Agreement to a successor to all or substantially all of Customer’s assets and operations, provided that such successor is (a) not a direct or indirect competitor of ETA, LLC or any of its affiliates, and (b) reasonably deemed by ETA, LLC to be creditworthy. This Agreement will be binding upon and inure to the benefit of each Party and its permitted successors and assigns.

 10.5        No Third-Party Beneficiaries. Except as expressly set out in this Agreement, a person who is not a party to this Agreement will have no rights to enforce it.

10.6        Future Functionality. You agree that your purchase of subscriptions is neither contingent upon the delivery of any future functionality or features nor dependent upon any oral or written public comments we make with respect to future functionality or features.

10.7        Non-Solicitation. Customer agrees that, during the term of this Agreement and for one year thereafter, it shall not solicit, offer employment to, employ, engage as an independent contractor, or otherwise obtain the services of any person employed or engaged as a full-time independent contractor then or within the preceding one year by ETA, LLC.

10.8        Independent Contractor. ETA, LLC shall render all Services hereunder as an independent contractor and not as an agent, employee, joint venturer, or partner of Customer.

10.9        Notices. All notices and other communications made pursuant to this Agreement shall be in writing and shall be deemed to have been duly received or made when personally delivered or when sent via registered or certified mail or by other delivery services providing evidence of delivery to the addresses of the Parties set forth below.

10.10      Severability. Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction will not invalidate the remaining provisions of this Agreement or affect the validity or enforceability of such provision in any other jurisdiction. In addition, any such prohibited or unenforceable provision will be given effect to the extent possible in the jurisdiction where such provision is prohibited or unenforceable.

10.11      Entire Agreement. This Agreement, including any Order Forms, constitutes the entire agreement and understanding between the Parties and supersedes all prior agreements and understandings, both written and oral, with respect to the subject matter of this Agreement. In the event of a conflict between any of the terms of this Agreement and the terms of an Order Form, the terms of the Order Form shall control.

10.12      Modification; Waiver.  The terms and conditions of this Agreement may be modified or waived only by a written document executed by the Parties. The waiver by either Party of any right provided under this Agreement shall not constitute a subsequent or continuing waiver of such right or of any other right under this Agreement.

10.13      Counterparts.  This Agreement may be executed in any number of counterparts, each of which when executed and delivered shall constitute an original of this Agreement, but all the counterparts shall together constitute the same agreement.  No counterpart shall be effective until each Party has executed at least one counterpart. 

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LAHDNAC SITE PRIVACY POLICY

Last Updated Date: May 16, 2022

At Evan Terry Associates, LLC (“ETA, LLC”), we respect the privacy of our customers. We have implemented this privacy policy (the “Privacy Policy”) to explain to you how we use and protect personal information we may gather from you when you use the LAHDNAC website (the “Website”), a mobile version of the Website (the “Mobile Website”), or an application rendition of the Website running on a mobile device (the “Mobile App”), (collectively referred to herein as the “LAHDNAC Site”).   

People have different privacy concerns.  ETA, LLC’s goal is to be clear about what information we collect, so that you can make meaningful choices about how it is used.  For example, you are voluntarily providing information to us in exchange for us providing services to you or enhanced service levels.  By using the LAHDNAC Site, you consent to the collection, use and disclosure of your information, as described in this Privacy Policy.  If you do not agree to the terms of this Privacy Policy, please do not use the LAHDNAC Site.

WHAT INFORMATION IS COLLECTED

Personal Information You Provide Voluntarily

ETA, LLC attempts to collect the minimum amount necessary to facilitate information requests by you, to improve the LAHDNAC Site and your customer experience and to make future visits to the LAHDNAC Site easier and more personalized for you.  If you purchase a service from ETA, LLC, we request certain personally identifiable information from you during the registration process. The personal information we may collect includes, but is not limited to, contact information (such as your name, address, telephone numbers and email address) and billing information (such as credit card number and expiration dates) in order to complete a registration or access level purchase.  Upon completion of a registration for the LAHDNAC Site, subscription identification and user name and password information may also be collected.  

Information Collected By Automated Means

As part of the standard operation of the LAHDNAC Site, certain information may be automatically provided to our website computer servers by your computer.  For each visitor to the LAHDNAC Site, our website computer server (or a server with which we contract) automatically recognizes the visitors domain name or IP address (when available), and the visitor’s user name.  An IP address is a network address number assigned to your computer when you connect to the Internet.  As part of the protocol of the Internet, website computer servers can identify your computer by its IP address. In addition, we may collect your browser type and operating system.  Except as otherwise explained in this policy, we may combine the automated information we collect from you (as described above and as described below) with your personal information in order to tailor the LAHDNAC Site and enhance your online experience by saving your preferences and/or to help identify site features that may be of interest to you.  We may capture such information in access and device logs from our computer servers. 

We may access and record location-based information from your device accessing the LAHDNAC Site to assist us in providing services to you.  We do not use this information to specifically locate you for any reason other than to provide better service to you.  If you do not wish to allow us to use your location information then please do not use the services available through the LAHDNAC Site.  If you have allowed us to utilize your location information in the past and wish to revoke the permissions to do so, please turn off location services at the device level.  Failing to provide requested information will not inhibit your ability to browse the LAHDNAC Site, but it may prevent you from being able to access certain features of the LAHDNAC Site, complete certain transactions, or obtain information you may have requested from us.

Online Tracking

Cookies are short strings of text sent from a website computer server to a web browser when the browser accesses a website.  Cookies may be session-only or persistent.  Persistent cookies last for more than one visit and are typically used to allow a visitor to the LAHDNAC Site a more personalized experience.

By adjusting the settings in your browser, you can refuse to accept cookies, give yourself the opportunity to accept or reject cookies, or to simply receive notice of when cookies are being set. Refusing cookies may impinge or block altogether your user experience by eliminating personalization or other features.   However, it is important for you to understand that you may at any time set your browser accessing the LAHDNAC Site to restrict the type of information provided, block cookie creation or selectively accept cookie creation, and along with such choices you may reduce the quality and number of services that ETA, LLC may provide. 

In conjunction with these cookies, we may also use pixel tags (also known as clear gifs, web beacons or 1-by-1gifs) on the LAHDNAC Site and in our advertisements and links. We may work with affiliated companies (companies with which we have a contractual or corporate relationship) and our own service providers to help us track, collect and analyze this information. Pixel tags may be used to collect a variety of information about your visit to the LAHDNAC Site, including the pages you view, the features you use, the links you click and other actions you take.

In addition, cookies may also be placed by third parties during your visit to the LAHDNAC Site. Our affiliates and business partners may use these cookies in connection with their use of pixel tags for online preference marketing purposes (discussed below) or to assist us with some of the previously described functions.  We do not control these cookies. For example, one or more of the LAHDNAC Site pages may use Google Analytics to collect and process data associated with the LAHDNAC Site usage by its users.  If you wish to obtain further information about how Google collects and processes data that the LAHDNAC Site collects in order to use the Google Analytics service, you may do so by accessing the following Google site:  www.google.com/policies/privacy/partners/.

In some situations, we may use third-party advertising companies to serve ads for third parties on the LAHDNAC Site.  These third-party advertising companies may use this automated information about your visits to provide ads about goods and services of interest to you, and for online preference marketing purposes.  Other related information is also recorded such as if you are a new or returning user, session length and frequency and information you have entered to the LAHDNAC Site.  It also tracks if you may have performed certain actions on the LAHDNAC Site so that ETA, LLC or third parties may present content related to your activities, such as providing a training video or technical manual associated with your activities.  The providers of such information may not be under the control or direction of ETA, LLC.

Finally, ETA, LLC collects and maintains databases of User IDs so that it can track the activities of each user using the LAHDNAC Site across multiple devices and device sessions, and to correctly correlate subscription access rights, bookmarks, preferences, and data accessed by a user from multiple devices.

HOW COLLECTED INFORMATION IS USED

We use the information we collect for the following purposes:

  1. To assist you with making a request for information;
  2. To assist you with making a purchase;
  3. To conduct other transactions that you request;
  4. To service your account or subscription with us, respond to your questions and contact you when necessary;
  5. To provide continuity of sessions (often referred to as “session stitching” or “session unification”) in accessing the LAHDNAC Site across multiple devices to better improve your user experience;
  6. To provide you with offers and other information and opportunities and services as they may become available and that may be of interest to you;
  7. To assist us in providing better products and services (for example, we may contact you by telephone, mail or email to assist us in evaluating the performance of our staff, to assess the quality of products and services received and to help us improve the functioning of the LAHDNAC Site);
  8. To compile statistics and analysis about our customers’ use of the LAHDNAC Site, referred product offers, and services, which statistics are only used to enable us to provide better customer service, products, features and functionality to you and other customers in the future;
  9. To comply with regulatory requirements and to comply with federal and state requests for information, such as for example subpoenas and other judicial requests and orders, including such requests from authorities outside of the United States;
  10. To help us to operate, maintain and improve our systems and the LAHDNAC Site;
  11. To allow you to modify or cancel a request or purchase.

We may combine the information that you submit to us with information related to your transactions with us, as well as information we receive from other data providers, to assist us in processing requests, maintaining our data and optimizing our services. This Privacy Policy applies only to data collected on-line. If the same information about you is gathered from the LAHDNAC Site and also from other sources with different privacy policies, ETA, LLC may elect, in its sole discretion, to treat such information in accordance with the privacy policy that least restricts its use and disclosure of such information. 

ETA, LLC attempts to record information we collect for commercially reasonable periods of time or in accordance with specific policies or as required by law to be used for statistical, marketing, archiving, and other analytical purposes.  Information collected for a specified purpose will only be used for that purpose and, after a reasonable period of time, will no longer be actively stored when that purpose has been fulfilled.

PLEASE BE AWARE THAT, UNLESS PROHIBITED BY LAW, YOUR USE AND/OR CONTINUED USE OF THE LAHDNAC SITE SIGNIFIES YOUR EXPRESS CONSENT THAT ALL INFORMATION THAT ETA, LLC PROCESSES MAY BE TRANSFERRED TO OR STORED ON SERVERS AND PROCESSED OUTSIDE THE COUNTRY OF YOUR RESIDENCE, INCLUDING  FOR EXAMPLE THE UNITED STATES.

We may also share aggregated information about our customers with our advertisers and marketing partners.  Except as explained above, we will not share any of your personal information with any third party, unless we have received your express permission to do so.  With your prior notice and consent, we may share your name and email address with our co-branded partners and affiliates in order to provide the services you have requested and for marketing purposes.

LINKED WEBSITES

The LAHDNAC Site may contain links to other websites (such as those of our marketing partners or advertisers) which may have privacy policies that differ from our own.  We are not responsible for the activities and practices that take place on these third-party websites.   Accordingly, we recommend that you review the privacy policy posted on any website that you may access through the LAHDNAC Site.

CORRECTING OR CHANGING YOUR INFORMATION

We are very concerned about the accuracy, currency and completeness of the information we collect and make efforts we deem appropriate to ensure that the information we have is accurate and up-to-date. In addition to the options provided to you in this policy, if you wish to review, amend, correct, update or delete personally identifiable information we have collected about you online contact us at the information provided below.  Please also contact us if you have any questions about privacy on the LAHDNAC Site. You may contact us via email at Support@LAHDNAC.com, and we will attend to your request and make any necessary revisions.   

SECURITY PROCEDURES

We are very concerned with the security of your personally identifiable information and try to provide secure transmission of your information from your PC to our servers, or the servers with which we contract.  Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure.  As a result, while we strive to protect your personal information, we cannot guarantee the security of any information transmitted over the Internet.  Once we receive your information, we take steps that we believe are reasonably appropriate to protect its security, both internally and from outsiders, from loss, misuse, unauthorized access, disclosure, alteration and destruction, and to ensure the integrity of the data we collect. We use a combination of technological, physical, administrative and policy methods as well as organizational controls and non-disclosure or confidentiality agreements as we deem appropriate to protect this data.  If you have a user name and password for any of the features on the LAHDNAC Site, you have the responsibility of keeping your password secret. You should not reveal your password to anyone. We will not ask you in an unsolicited telephone call or email for your password.  In addition, you should take reasonable precautions when using a computer that is not your own or in a public setting.

COMPLIANCE AND COOPERATION WITH REGULATORY AUTHORITIES

We regularly review our Privacy Policy for compliance with federal and state regulations, as well as self-regulatory frameworks (e.g. the Network Advertising Initiative, a cooperative of companies committed to building responsible advertising policies across the Internet).  When we receive formal written complaints, we will contact the person who made the complaint to follow up. We work with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that we cannot resolve with our users directly.

CHANGES IN TERMS

We may update this Privacy Policy to reflect changes to our information practices.  If we make any material changes we will notify you by means of this site (or as otherwise deemed appropriate) at the time such changes become effective. We encourage you to periodically review this page for the latest information on our privacy practices.

GENERAL INQUIRIES REGARDING OUR PRIVACY POLICY

Should you have any questions regarding our Privacy Policy, please forward them to Support@LAHDNAC.com.

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