NORTHEAST POWER COORDINATING COUNCIL
TERMS OF USE FOR THE TOTAL TRANSFER CAPABILITY AND AVAILABLE TRANSMISSION
CAPABILITY WEB SITE
1.
Acceptance of Terms. THESE TERMS AND CONDITIONS ARE A LEGAL
CONTRACT BETWEEN YOU (THE "USER" OR "YOU") AND NORTHEAST
POWER COORDINATING COUNCIL, INC., THE SUCCESSOR ENTITY TO NORTHEAST POWER
COORDINATING COUNCIL ("NPCC, Inc."), FOR THE USE OF THIS TOTAL
TRANSFER CAPABILITY AND AVAILABLE TRANSMISSION CAPABILITY ("TTC-ATC")
WEB SITE OWNED BY NPCC, INC. (THE "TTC-ATC WEB SITE"). IN
CONSIDERATION OF USER BEING GIVEN ACCESS TO THE TTC-ATC WEB SITE, USER AGREES
TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE (THE "TERMS").
UNLESS USER EXECUTES THIS AGREEMENT BY CLICKING "I AGREE" BELOW,
USER WILL HAVE NO RIGHTS TO VIEW, VISIT, OR USE THE TTC-ATC WEB SITE, OR
TO DOWNLOAD ANY CONTENT CONTAINED ON THE TTC-ATC WEB SITE. IF YOU DO
NOT AGREE TO THESE TERMS, PLEASE EXIT THIS WEB SITE NOW.
2.
Description of Service. NPCC, Inc. maintains a TTC-ATC Web Site for the purpose of
providing Users with information regarding Total Transfer Capability and
Available Transmission Capability that is posted by various Open Access Same
Time Information Systems ("OASIS"), Transmission System Information
Networks ("TSIN") or Independent Service Operators ("ISOs"). In
each case, NPCC, Inc. mirrors the information made available by the various
participating OASIS, TSIN or ISO providers, and does not alter the information
or content provided thereby, in any respect. IN CERTAIN INSTANCES,
THE TTC-ATC INFORMATION AVAILABLE ON THE TTC-ATC WEB SITE MAY BE INACCURATE,
OUTDATED, MISLEADING OR INCORRECT AND USERS ARE URGED TO CONTACT THE RELEVANT
OASIS, TSIN, OR ISO PROVIDER(S), AS THE CASE MAY BE, TO CONFIRM THE RELIABILITY
OF THIS INFORMATION. Consistent with the provisions contained in Sections
3, 11, and 12 hereof, NPCC, Inc. disclaims any and all responsibility and/or
liability for the reliability, accuracy, correctness or timeliness of the
TTC-ATC information contained on the TTC-ATC Web Site.
2.1
NPCC,
Inc. does not provide any kind of advice that should be used to support or develop
market strategy or which should be used to make business decisions, either through
the TTC-ATC Web Site, the main NPCC, Inc. web site (located at www.npcc.org),
or elsewhere. The content provided by third parties or adapted by NPCC,
Inc. for inclusion on the TTC-ATC Web Site (the "TTC-ATC Content" or
the "Content") is necessarily general and its applicability to a Member,
person or entity may vary depending on individual facts and circumstances. NPCC,
Inc. specifically does not represent that any of the TTC-ATC Content is suitable
for User or for any third parties.
2.2 NPCC,
Inc., through the TTC-ATC Web Site, provides the User only with content services
and not with any hardware, software, or connectivity services that may be necessary
to access the TTC-ATC Web Site. The User is responsible for obtaining access
to the TTC-ATC Web Site and such access may involve third party service providers,
as well as third party fees (such as fees payable to Internet Service Providers
or airtime charges).
3.
Disclaimer.
3.1
THE
INFORMATION PRESENTED ON THIS TTC-ATC WEB SITE HAS BEEN COMPILED BY OR FOR NPCC,
INC. FOR GENERAL INFORMATION PURPOSES ONLY. THE INFORMATION POSTED ON THIS
TTC-ATC WEB SITE DOES NOT CONSTITUTE ADVICE THAT SHOULD BE USED TO SUPPORT OR
DEVELOP MARKET STRATEGY OR WHICH SHOULD BE USED TO MAKE BUSINESS DECISIONS OF
ANY KIND. USER USES THE TTC-ATC WEB SITE AT USER'S SOLE RISK. THE
TTC-ATC WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE ACCURACY,
COMPLETENESS, SEQUENCING OR TIMELINESS OF INFORMATION IS NOT GUARANTEED BY NPCC,
INC. AND INFORMATION IS SUBJECT TO CHANGE. DATED INFORMATION CONTAINED
ON THE TTC-ATC WEB SITE REFLECTS EACH AUTHOR'S ANALYSIS AS OF THE PUBLISHED DATE.
NPCC, INC. IS NOT UNDER ANY OBLIGATION TO UPDATE THE INFORMATION OR TO REFLECT
CIRCUMSTANCES THAT MAY OCCUR AFTER THE PUBLISHING OF SUCH INFORMATION ON THE
TTC-ATC WEB SITE.
3.2
TO
THE FULLEST EXTENT PERMITTED BY LAW, NPCC, INC. DISCLAIMS ALL REPRESENTATIONS
AND WARRANTIES, EXPRESSED OR IMPLIED INCLUDING, BUT NOT LIMITED TO:
3.2.1 ANY
WARRANTY FOR INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS
PROVIDED THROUGH OR IN CONNECTION WITH THE TTC-ATC WEB SITE;
3.2.2 ANY
WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT
OF INFORMATION, PRODUCTS OR SERVICES; AND
3.2.3 ANY
WARRANTIES THAT THE TTC-ATC WEB SITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES
OR OTHER HARMFUL COMPONENTS ALTHOUGH EVERY REASONABLE EFFORT IS MADE TO DETECT
SUCH HARMFUL COMPONENTS; AND
3.2.4 ANY
WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE, OR WARRANTIES OF NON-INFRINGEMENT.
4.
License and Use Provisions. The posting of documents
on the TTC-ATC Web Site is for the convenience of Users and NPCC, Inc.'s members
("Members"). The copyright for any Content on the TTC-ATC Web
Site is intended to protect the Users as well as any consultants or entities
performing work with or for NPCC, Inc. or its member base.
4.1
Copyrights. All
Content posted or otherwise available on the TTC-ATC Web Site is the exclusive
copyrighted material of the author(s) and/or NPCC, Inc.
4.2
License. A
license for the limited use of the Content is provided in this Section 3. You
are granted permission to display, copy, distribute and download the Content
on the TTC-ATC Web Site solely for internal use only; provided that You:
(i) keep intact all copyright and other proprietary notices; (ii) make no modifications
to the Content; and (iii) do not use the Content in a manner that suggests an
association with any products, services or brands. Except as explicitly
allowed herein, User may not display, distribute, download, copy, modify or create
derivative works of, or in any way commercially exploit, in whole or in part,
any portion of this TTC-ATC Web Site or the Content without the express prior
written consent of NPCC, Inc.
4.3
Any
requests to republish or redistribute the Content should be addressed to NPCC,
Inc. as directed in Section 18 hereof.
5.
User's Postings and User's Posted Documents.
5.1
User
acknowledges and agrees that User is responsible for the accuracy, timeliness
and completeness of all information provided to NPCC, Inc. in connection
with User's use of the TTC-ATC Web Site.
5.2
User
represents and warrants that User is the owner or licensee or otherwise has
the right to provide any information or materials (including pre-existing
materials) that User posts or transmits to be posted by NPCC, Inc. on the
TTC-ATC Web Site (including, without limitation, postings to chat rooms,
bulletin boards, and threaded discussions) (collectively, "Public Areas"). User
hereby grants to NPCC, Inc. an irrevocable, royalty-free, non-exclusive,
worldwide license to use, copy, display, create derivative works from, and
distribute any materials or information that User posts or has posted on
Public Areas or to incorporate such materials or information into any form,
medium or technology now known or hereafter created. User acknowledges
that by transmitting materials by means of the TTC-ATC Web Site or through
electronic mail, no confidential, fiduciary, contractually implied, or other
relationship is created between User and NPCC, Inc. User agrees that
any submissions to the Public Areas will be public and NPCC, Inc. will not
be responsible for the actions of other Users of the TTC-ATC Web Site with
respect to any information or materials User posts or has posted in the Public
Areas. User acknowledges that the postings and/or transmissions submitted
by User for posting by NPCC, Inc. to the Public Areas are not confidential
and that any information, material or communication posted by User may be
read or intercepted by others.
5.3
NPCC,
Inc. encourages User to take precautions and exercise discretion regarding
the extent of information that User discloses in the Public Areas or otherwise
to other Users of the TTC-ATC Web Site and to take precautions if ever and
whenever User elects to communicate or meet with other Users of the TTC-ATC
Web Site.
User hereby agrees that the posting of any information in the Public Areas and
any communication or meeting with other Users is done solely at User's own risk.
5.4
User
acknowledges and agrees that if NPCC, Inc. in its sole discretion deems any
material or information posted by User in the Public Areas or transmitted
via the TTC-ATC Web Site to be in violation of these Terms, including without
limitation that the content of such material or information is unlawful,
fraudulent, unacceptable, offensive, obscene, pornographic, defamatory, abusive,
threatening or otherwise objectionable, or contains blatant expressions of
bigotry, racism or hate, or encourages conduct that may give rise to civil
liability, NPCC, Inc. has the right, but not the obligation, to take any
and all reasonable actions to remove or restrict access to any such material
or information and to restrict, suspend or terminate User's use of the TTC-ATC
Web Site and delete the objectionable material or information. NPCC,
Inc. also reserves the right to report such activity to investigative and
law enforcement authorities.
6.
User's Conduct.
6.1
User
agrees not to use the TTC-ATC Web Site, or any links to or access to any
other web sites from the TTC-ATC Web Site, to:
6.1.1
collect,
access or post any information of a personal or private nature, including
the posting of cookies in aid thereof, or in violation of any federal, state
or foreign privacy laws, or in violation of the NPCC, Inc. Online Privacy
Policy (as defined below); or
6.1.2
resell
or transfer any Content; or
6.1.3
post
or transmit any advertisements or solicitations or post or transmit any
unlawful, fraudulent, libelous, defamatory or otherwise objectionable information
of any kind; or
6.1.4
restrict
or inhibit any other User from using and enjoying the TTC-ATC Web Site; or
invade the privacy of other Users of the TTC-ATC Web Site or any third parties;
or
6.1.5
impersonate,
or otherwise misrepresent User's affiliation with any other person or entity,
or disguise or misrepresent the origin of content that User transmits or
posts; or
6.1.6
post
or transmit any information or software which contains a virus, trojan horse,
worm or other harmful component or attempt to transmit to the TTC-ATC Web
Site electronic mail messages that could impair or interfere with the operations
of the TTC-ATC Web Site, NPCC, Inc. or the operations of any other User of
the TTC-ATC Web Site User; or
6.1.7
copy,
post, publish, transmit, reproduce, modify, create derivative works of, distribute
or in any way exploit any Content or information, software, or other material
obtained through the TTC-ATC Web Site (other than as expressly permitted
in Section 3); or
6.1.8
post
or transmit information, Content, software, components or other material
onto the TTC-ATC Web Site which will infringe upon the intellectual property
rights or other proprietary rights of any third party; or
6.1.9
violate
or facilitate any violation of any applicable local, state, federal, or international
law, statute, regulation, code, or ordinance, including, without limitation,
regulations promulgated by the U.S. Securities and Exchange Commission or
the rules of any national or other securities exchange; or
6.1.10
violate, attempt to violate or assist,
intentionally, negligently or otherwise, in any violation of the confidentiality
or security of any information provided to NPCC, Inc. by other Users; or
6.1.11
use any robot, spider or other automatic
device, or manual process to monitor or copy the TTC-ATC Web Site pages or
the Content contained therein without NPCC, Inc.’s prior expressed
written permission.
6.2
User
also agrees to comply with all laws regarding the transmission of technical
data exported from the United States or from the country from which User
transmits such data. With respect to each upload, or transfer to be
uploaded, of any file on the TTC-ATC Web Site, User represents and warrants
that User owns or otherwise has the rights or consents necessary to upload
and post the file and User grants to NPCC, Inc. as well as to every other
User of the TTC-ATC Web Site the right to download, copy, modify, distribute
and use such file.
6.3
Any
conduct by User that violates any of the above obligations contained in this
Section 6 or is in any way contrary to these Terms may result in the suspension
or termination of User's access to the TTC-ATC Web Site, at the sole discretion
of NPCC, Inc., in addition to any other remedies otherwise applicable in
law, regulation, or equity.
7.
Monitoring of the TTC-ATC Web Site.
7.1
NPCC has no obligation to monitor the TTC-ATC Web Site, but reserves the right
to monitor the TTC-ATC Web Site, and the use thereof by User, from time to
time and to disclose any information as necessary or appropriate to satisfy
any law, regulation or other governmental request, to operate the TTC-ATC
Web Site properly, or to protect itself or its Users.
7.2
NPCC does not review activity on the TTC-ATC Web Site as a general practice
and is not responsible for any content provided by a User or via the User's
access route, whether posted in a Public Area or privately transmitted.
User acknowledges and agrees that User is solely responsible for the
content of any information or material User makes available by means of the
TTC-ATC Web Site.
8.
Digital Millennium Copyright Act Notification of Alleged Copyright Infringement.
8.1
NPCC,
Inc. avails itself of the protection of the Digital Millennium Copyright
Act. NPCC, Inc. reserves the right to remove any Content or links that
allegedly infringe another person's copyright. Pursuant to Title 17,
United States Code, Section 512(c)(2), notifications of claimed copyright
infringement should be sent to
the NPCC, Inc.'s Designated Agent:
| Service Provider: |
Northeast
Power Coordinating Council, Inc. |
| Designated Agent: |
[insert
name/title here] |
| Address: |
1515
Broadway, 43rd Floor |
| |
New
York, NY 10036 |
| Telephone: |
212-840-1070 |
| Facsimile: |
212-302-2782 |
| E-Mail: |
|
To be effective, the notification must be a signed,
written communication sent to the Designated Agent that includes substantially
the following: (1) identification of the copyrighted work claimed to have
been infringed; (2) identification of the material that is claimed to be
infringing and that is to be removed; (3) contact information for the complaining
party; (4) a statement that the complaining party has a good-faith belief
that use of the material in the manner complained of is not authorized
by the copyright owner, its agent, or the law; and (5) a statement that
the information in the notification is accurate and, under penalty of perjury,
that the complaining party is authorized to act on behalf of the owner
of an exclusive right that is allegedly infringed.
9.
Limitation of Liability.
9.1
NPCC,
INC. SHALL NOT BE LIABLE OR DEEMED TO BE IN DEFAULT FOR UNAUTHORIZED ACCESS
TO THE TTC-ATC WEB SITE.
9.2
NPCC,
INC. DISCLAIMS ANY LIABILITY FOR AND USER AGREES NOT TO HOLD NPCC, INC. LIABLE
FOR ANY POSTING IN ANY PUBLIC AREA BY ANY USER.
9.3
STATEMENTS
MADE ON THE TTC-ATC WEB SITE, E-MAIL, FORUMS AND OTHER PUBLIC AREAS REFLECT
ONLY THE VIEWS OF THEIR AUTHORS. FORUM HOSTS, MODERATORS OR MERCHANTS
APPEARING ON THE TTC-ATC WEB SITE ARE NOT AUTHORIZED NPCC, INC. SPOKESPERSONS,
AND THEIR VIEWS DO NOT NECESSARILY REFLECT THE VIEWS OF NPCC, INC.
9.4
NPCC,
INC. IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER
USERS OR THIRD PARTIES. NPCC, INC. IS NOT LIABLE FOR ANY CONTENT PROVIDED
BY USER OR OTHER USERS, INCLUDING BUT NOT LIMITED TO FOR ERRORS OR OMISSIONS
IN THE CONTENT OR FOR DAMAGES RESULTING FROM USE OF THE CONTENT PROVIDED
BY USER OR OTHER USERS THAT IS E-MAILED, POSTED IN PUBLIC AREAS OR OTHERWISE
TRANSMITTED THROUGH THE TTC-ATC WEB SITE.
9.5
NPCC,
INC. HAS NO OBLIGATION TO, AND IS NOT LIABLE FOR THE DELETION OR FAILURE
TO STORE ANY MESSAGES, TRANSMISSIONS, POSTINGS OR CONTENT PROVIDED BY ANY
USER.
9.6
NPCC,
INC. WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL
OR ANY OTHER TYPES OF DAMAGES, INCLUDING PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING
WITHOUT LIMITATION BODILY INJURY, EMOTIONAL DISTRESS OR DISCOMFORT, OR PHYSICAL
DAMAGE ARISING OUT OF THE USE OF THE TTC-ATC WEB SITE OR ARISING OUT OF OR
RELATING TO COMMUNICATIONS AND/OR MEETINGS WITH OTHER USERS OF THE TTC-ATC
WEB SITE OR INTRODUCED TO USER THROUGH THE TTC-ATC WEB SITE.
9.7
NPCC,
INC. DOES NOT OFFER LEGAL, INVESTMENT OR REGULATORY ADVICE IN CONNECTION
WITH ANY SERVICES OR PRODUCTS OFFERED ON THE TTC-ATC WEB SITE. LEGAL,
INVESTMENT OR REGULATORY REFERENCES ON THE TTC-ATC WEB SITE ARE MEANT TO
INFORM USER OF ISSUES THAT MAY BE RELEVANT TO USER. SUCH REFERENCES
ARE MEANT TO FACILITATE INDEPENDENT RESEARCH INTO MATTERS COLLATERAL TO THE
TTC-ATC WEB SITE. USER SHALL BE SOLELY RESPONSIBLE FOR ALL LEGAL, INVESTMENT
AND COMPLIANCE MATTERS IN CONNECTION WITH THE SERVICES AND PRODUCTS OFFERED
ON THE TTC-ATC WEB SITE. ANY MESSAGES, ADVICE, OPINIONS OR OTHER INFORMATION
CONTAINED IN ANY PUBLIC AREA OR ELSEWHERE ON THE TTC-ATC WEB SITE, UNLESS
EXPLICITLY DESIGNATED TO THE CONTRARY, SHOULD NOT BE CONSTRUED AS PROFESSIONAL
ADVICE OR INSTRUCTION. IN NO EVENT SHALL NPCC, INC. BE LIABLE FOR ANY
DECISION MADE OR ACTION TAKEN BY USER IN RELIANCE UPON ANY NPCC, INC. CONTENT
OR ANY OTHER CONTENT AVAILABLE ON THE TTC-ATC WEB SITE.
9.8
ACCESSING
THE TTC-ATC WEB SITE OR THE NPCC, INC. CONTENT IN ANY JURISDICTION WHERE
THEY ARE ILLEGAL OR WHERE ACCESS WOULD VIOLATE UNITED STATES LAW IS FORBIDDEN. USER
UNDERSTANDS THAT USE OF THE TTC-ATC WEB SITE AND THE NPCC, INC. CONTENT IS
UNDERTAKEN AT USER'S OWN RISK AND USER IS RESPONSIBLE FOR COMPLIANCE WITH
ANY LOCAL LAWS AND REGULATIONS RELATION TO USER'S USE OF THE TTC-ATC WEB
SITE AND THE NPCC, INC. CONTENT.
9.9
USER
UNDERSTANDS THAT, EVEN IF NPCC, INC. HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, UNDER NO CIRCUMSTANCES SHALL NPCC, INC. BE LIABLE FOR ANY
GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY
OR PUNITIVE DAMAGES WHETHER IN AN ACTION UNDER THEORY OF CONTRACT, TORTIOUS
CONDUCT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR RELATING IN ANY
WAY TO THE TTC-ATC WEB SITE, INCLUDING WITHOUT LIMITATION, (A) USER'S USE
OR INABILITY TO USE THE TTC-ATC WEB SITE, OR (B) USER'S USE OF OR RELIANCE
ON ANY CONTENT ON THE TTC-ATC WEB SITE.
9.10
ANY
USER WHO IS DISSATISFIED WITH OR WISHES TO PROVIDE COMMENTS TO NPCC, INC.
ABOUT THE TTC-ATC WEB SITE MAY CONTACT NPCC, INC. AS PROVIDED IN SECTION
16. ULTIMATELY, HOWEVER, EACH USER'S SOLE REMEDY FOR DISSATISFACTION
WITH THE TTC-ATC WEB SITE IS TO STOP USING THE TTC-ATC WEB SITE.
9.11
IF,
FOR ANY REASON, THE FOREGOING LIMITATIONS ARE FOUND BY A COURT OF COMPETENT
JURISDICTION TO BE INVALID OR INAPPLICABLE UNDER THE CIRCUMSTANCES, USER
AGREES THAT NPCC, INC.'S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES
OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO ACTUAL DAMAGES, WITHOUT
REGARD TO ANY CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES PROVIDED BY ANY
SUCH APPLICABLE LAW.
10.
Limitation of Liability for Links to Third Parties. The
TTC-ATC Web Site may provide links to certain web sites sponsored and maintained
by third parties. Such web sites are publicly available and NPCC, Inc.
is providing access to such web sites through this TTC-ATC Web Site solely
as a convenience to its Members and Users. The content of other web
sites, services, goods or advertisements that may be linked to this TTC-ATC
Web Site is not maintained or controlled by NPCC, Inc, and NPCC, Inc. makes
no representations or warranties, express or implied, concerning the content,
accuracy, completeness, usefulness, availability or legality of such web
sites, as well as the functionality of the links themselves. The fact
that access to such web sites is provided does not constitute any endorsement,
authorization or sponsorship of such web sites by NPCC, Inc. User understands
and agrees to rely on such links to third party web sites solely at User's
own risk, and that NPCC, Inc. does not grant to User any rights in respect
of such web site.
11.
Indemnification.
11.1
User
agrees to indemnify, defend and hold harmless NPCC, Inc. from and against
any and all claims, damages, or losses including attorneys' fees and costs
incurred by NPCC, Inc. resulting from, damage of any kind arising out of
or relating to User's use of the TTC-ATC Web Site, or any site linked thereto,
including, but not limited to, any lost profits, lost opportunities, special
incidental, direct, indirect or consequential or punitive damages.
11.2
User
agrees that User will cooperate as reasonably required in the defense of
any such claims. NPCC, Inc. reserves the right, at its own expense,
to assume the exclusive defense and control of any matter otherwise subject
to indemnification by User, and User shall not in any event settle any such
claim or matter without the written consent of NPCC, Inc.
12.
Applicable Law.
12.1
These
Terms will be governed by and construed in all respects in accordance with
the laws of the State of New York, notwithstanding the actual state or country
of residence or incorporation of User, without regard to conflict of laws
provisions thereof.
12.2
Jurisdiction
for litigation of any dispute, controversy or claim arising out of or in
connection with these Terms shall be exclusively in the United States District
Court for the Southern District of New York or the Supreme Court of the State
of New York, County of New York and User irrevocably consents to personal
jurisdiction in these venues in relation to such litigation.
12.3
USER
AND NPCC, INC. WAIVE TO THE FULLEST EXTENT PERMITTED BY LAW ANY RIGHT TO
A TRIAL BY JURY WITH RESPECT TO ANY DISPUTE, CONTROVERSY OR CLAIM ARISING
OUT OF OR IN CONNECTION WITH THESE TERMS.
13.
Termination.
13.1
NPCC,
Inc may terminate the License granted herein and User's access to the TTC-ATC
Web Site at any time, and for any reason, in NPCC Inc.'s sole discretion,
by sending notice thereof to User.
13.2
Upon
termination of the License, User agrees: (a) to destroy all Content in User's
possession (including, any copies, electronic or otherwise, or modifications
or derivative works, and any copies of NPCC, Inc. Content incorporated into
work product (wherever maintained)); and (b) not to disclose to any third
parties any information, knowledge, or know-how concerning or relating to
the Content.
14.
Amendment of Terms. NPCC, Inc. reserves the right
to amend these Terms at any time. NPCC, Inc. will notify User of any
such changes to these Terms by posting the revised Terms on the TTC-ATC Web
Site. Unless otherwise specified, such changes shall be effective immediately
upon posting to the TTC-ATC Web Site. User has the obligation to review
changes to these Terms. User's continued use of the TTC-ATC Web Site
constitutes User's agreement to be bound by such changes to these Terms.
15.
User Representations. User represents and warrants
that User is at least 18 years of age and possesses the legal right, ability
and capacity to enter into this Agreement and to use the TTC-ATC Web Site
in accordance with the Terms.
16.
Contact Information. Any inquiries about the TTC-ATC
Web Site or Content should be directed to NPCC, Inc., 1515 Broadway, 43rd Floor,
New York, NY 10036 or administrator@npcc.org.