ONLINE PRIVACY STATEMENT

Effective: November 1, 2009

At the National Honey Packers & Dealers Association (“NHPDA”) we recognize privacy is important. This statement applies to all of the products, services and websites offered by NHPDA only. Any affiliated organizations’ websites are not governed by this statement and visitors to those organizations’ websites should review privacy policies posted on therein for further information.

If you have any questions about this statement, please feel free to contact us through our website or write to us at:  Privacy Matters c/o NHPDA, Inc., 3301 Route 66, Suite 205, Building C, Neptune, New Jersey, 07753.

Collection of Information
We offer a number of services on our website which do not require you to register for an account or provide any personal information to us. In order to provide our full range of services, however, we may collect the following types of information:

Visitor-Provided Information - When you sign up for an account or other service with NHPDA that requires registration, we collect personal information, such as names, home and work postal/e-mail addresses, when voluntarily submitted by visitors to our website. We may also collect demographic information, such as your ZIP code, age, gender, and preferences. For certain services we also request credit card or other payment account information and billing addresses, which we maintain in an encrypted form on our secure servers or on the secure servers of a third-party payment processing service that is under contract with NHPDA.  The information you provide is used to fulfill your specific requests. We may combine the information you submit under your account with information you submitted elsewhere or with third parties to provide you with a better experience and to improve the quality of our services. For certain services, we may give you the opportunity to opt out of combining such information.

If you supply us with your postal/e-mail address, you may receive periodic mailings from us with information on new products, services or upcoming events. If you supply us with your telephone number, you may receive telephone calls from us with information regarding requests or questions you have made.

NHPDA processes personal information on its servers in the United States of America. We may process personal information to provide our own services. In some cases, we may process personal information on behalf of and according to the instructions of a third-party, such as payment processing service.

Cookies/Tracking Technology – When you visit the NHPDA website, we may send one or more cookies (small files containing a string of characters) that uniquely identify your internet browser. We use cookies to improve the quality of our service by storing user preferences and by tracking user trends, such as how people use our website and related services. Personal information cannot be collected through the use of cookies or other tracking technology; however, if you previously provided personally identifiable information, cookies may be tied to that information.  Aggregate cookie and tracking information may be shared with affiliated third parties. Most internet browsers are initially set up to accept cookies but you can manually set your internet browser to refuse all cookies or to indicate when a cookie is being sent to your computer. Please be advised, however, some features of the NHPDA website may not function properly if your cookies are disabled entirely.

Log Information – When you use NHPDA services, our servers automatically record information that your internet browser sends when visiting our website.  These server logs may include information such as your web request, Internet Protocol address, internet browser type, internet browser language, the date and time of your request and one or more cookies that may uniquely identify your internet browser.

User Communications – When you send e-mail or other communications to NHPDA, we may retain those communications in order to process your inquiries, respond to your requests and improve our services.

Affiliated Websites – We offer some of our services in connection with other websites. Personal information you provide to those sites may be sent to NHPDA in order to deliver the service. We process such information in accordance with this statement. The affiliated websites may have different privacy practices and we encourage you to read their privacy policies.

Links – NHPDA may present links in a format that enables us to keep track of whether these links have been followed. We use this information to improve the quality of our online services and advertising.

Information Sharing
NHPDA only shares personal information with other companies or individuals outside of NHPDA in the following limited circumstances:

1.              With your consent;

2.              For the purposes of processing personal information on our behalf. We require these parties agree to process such information based on our instructions and in compliance with this statement;

3.              When it is reasonably necessary to:

a.              Satisfy any applicable law, regulation, legal process or enforceable governmental request;

b.              Detect, prevent or otherwise address fraud, security or technical issues; or

c.              Protect against imminent harm to the rights, property or safety of NHPDA, its users or the public as required or permitted by law; and

4.              If NHPDA becomes involved in a merger, acquisition or any other form of sale of some or all of its assets.

Information Security
We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. We restrict access to personal information to NHPDA employees, contractors and agents who need to know that information in order to operate, develop or improve our services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.

Data Integrity
NHPDA processes personal information only for the purposes for which it was collected and in accordance with this Statement.  We review our data collection, storage and processing practices to ensure that we only collect, store and process the personal information needed to provide or improve our services. We take reasonable steps to ensure the personal information we process is accurate, complete and current, but we depend upon our users to update or correct their own personal information whenever necessary.

When you use NHPDA services, we make good-faith efforts to provide you with access to your personal information and either to correct this data if it is inaccurate or to delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes. We ask that individual users identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systemic, require disproportionate technical effort, jeopardize the privacy of others, would be extremely impractical, or for which access is not otherwise required. In any case where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate technical effort. Some of our services have different procedures to access, correct or delete your personal information.

Enforcement
NHPDA regularly reviews its compliance with this statement.  Please direct any questions or concerns regarding this statement or NHPDA’s treatment of personal information to us at info@NHPDAus.org or by writing to us at Privacy Matters, c/o NHPDA, Inc., 3301 Route 66, Suite 205, Building C, Neptune, New Jersey 07753. When we receive formal written complaints at this address, it is NHPDA’s policy to make best efforts to contact the complaining party regarding his or her concerns. When complaints regarding the transfer of personal data cannot be resolved between NHPDA and the user, we will cooperate with the appropriate regulatory authorities, including local data protection authorities, to resolve same.

Changes to Statement
Please note that this statement may change from time to time. We will use our best efforts to refrain from reducing your rights under this statement and we expect that most such changes would be minor. Regardless, we will post any statement changes on this page and, if the changes are significant, we will provide a more prominent notice. Each version of this statement will be identified at the top of the page by its effective date and we will also keep all prior versions of this statement in an archive for your review.

If you have any additional questions or concerns about this statement, please contact us at info@NHPDAus.org or Privacy Matters, c/o NHPDA, Inc., 3301 Route 66, Suite 205, Building C, Neptune, New Jersey, 07753.


TERMS OF USE

Effective: November 1, 2009

This webSite is operated by the National Honey Packers & Dealers Association (“NHPDA”) and its corporate affiliates (collectively “us” or “we”). By accessing or using our webSite at www.NHPDAus.org (“Site”), you (“User”) signify you have read, understand and agree to be bound by these Terms of Use (“Terms of Use” or “Agreement”), whether or not you are a registered member of NHPDA. We reserve the right, at our sole discretion, to change, modify, add or delete portions of these Terms of Use on this page at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the effective date for the revised Terms of Use. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or future Terms of Use, do not use or access (or continue to use or access) the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

Registration Data/Account Security
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and properly update the registration data and any other information you provide to NHPDA, in order to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.

Proprietary Rights in Site Content/Limited License
All content on the Site and available through the Site, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other filed, and their selection and arrangement (“Site Content”), are the proprietary property of NHPDA, its users or its licensors with all rights reserved. No Site content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted or sold in any form or by any means, in whole or in part, without NHPDA’s prior written permission.  Provided you are granted access to the Site, you are granted a limited license to access and use the Site and the Site content and to download or print a copy of any portion of the Site content to which you have properly gained access solely for your personal, non-commercial use, provided you keep all copyright or other proprietary notices intact. You may not upload or republish Site content on any Internet, Intranet or Extranet Site or incorporate the information in any other database or compilation and any other use of the Site content is strictly prohibited. Such license is subject to these Terms of Use and does not permit use of data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or Site content other than as specifically authorized herein, without the prior written consent of NHPDA, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.

Trademarks
The National Honey Packers & Dealers Association, NHPDA and other NHPDA graphics, logos, designs, page headers, button icons, scripts and service named are trademarks or trade dress of NHPDA in the United States and/or other countries. NHPDA’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated or used, in whole or part, without the prior written permission of NHPDA.

User Conduct
You understand the Site is available for your personal, non-commercial use only. You represent, warrant and agree no materials of any kind submitted to the Site through your account will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.

In addition, you agree not to:

    * use the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;

    * use automated scripts to collect information from or otherwise interact with the Site;

    * register for more than one (1) User account, register for a user account on behalf of an individual other than yourself or register for a sser account on behalf of any group or entity;

    * impersonate any person or entity or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;

    * solicit passwords or personally identifying information for commercial or unlawful purposes;

    * upload, post, transmit, share, store or otherwise make available 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 hardware or telecommunications equipment;

    * intimidate or harass another;

    * upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law;

    * create a false identity on the Site; or

    * upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of NHPDA, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose NHPDA or its users to any harm or liability of any type.

Copyright Complaints
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the Site any materials that violate another party’s intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as describes herein in accordance with the Digital Millennium Copyright Act.  If you believe any material on the Site infringes upon any copyright which you control or own, you may send a written notification of such infringement to the NHPDA office.

Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act and other applicable law, NHPDA adopted a policy of terminating, in appropriate circumstances and at NHPDA’s sole discretion, members who are deemed to be repeat infringers. NHPDA may also, at its sole discretion, limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Third-Party WebSites and Content
The Site may contain (or you may be sent through the Site) links to other webSites (“Third-Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third-parties (“Third-Party Applications, Software or Content”). Such Third-Party Sites and Third-Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by NHPDA and NHPDA is not responsible for any Third-Party Sites accessed through the Site or any Third-Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third-Party Sites or the Third-Party Applications, Software or Content.  Inclusion of, linking to or permitting the use or installation of any Third-Party Applications, Software or Content, you do so at your own risk and you should be aware that NHPDA’s terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site to which you navigate from the Site or relating to any applications you use or install from the Third-Party Site.

Privacy
We care about the privacy of our users. You may click here to review our Online Privacy Statement. By using the Site, you are consenting to have your personal data transferred to and processed in the United States.
 
Disclaimers
NHPDA is not responsible or liable in any manner for any User Content or Third-Party Applications, Software or Content posted on the Site or in connection with the Site, whether posted or caused by users of the Site, by NHPDA, by third parties or by any equipment or programming associated with or used in the Site.  Although NHPDA provides rules for user conduct, NHPDA does not control and is not responsible for what users post, transmit or share on the Site and is not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third-Party Applications, Software or Content.  NHPDA is not responsible for the conduct, whether online or offline, of any user of the Site.

The Site may be temporarily unavailable from time to time for maintenance or other reasons. NHPDA assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to or alteration of user communications. NHPDA is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer equipment, software, failure of email on account of any technical problems or traffic congestion on the Internet or at any webSite or combination thereof, including injury or damage to the user’s or any other person’s computer or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Site. Under no circumstances will NHPDA be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone’s use of the Site, any User Content or Third-Party Applications, Software or Content posted on or through the Site or transmitted to users or any interactions between users of the Site, whether online or offline.

THE SITE, AND THE SITE CONTENT ARE PROVIDED “AS-IS” AND NHPDA DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NHPDA CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE. NHPDA DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE OR ANY PLATFORM APPLICATIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR ITS SERVERS OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.  WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE FROM OR THROUGH THE SITE AND ANY PLATOFROM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.

NHPDA reserves the right to change any and all content, software and other items used or contained in the Site offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by NHPDA.

Limitation on Liability
IN NO EVENT SHALL NHPDA OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF NHPDA IS AWARE OR HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NHPDA’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO NHPDA, BUT IN NO CASE SHALL NHPDA’S LIABILITY EXCEED $1,000. YOU ACKNOWLEDGE IF NO FEES ARE PAID TO NHPDA YOU SHALL BE LIMITED TO INJUNCTIVE RELEIF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM NHPDA, REGARDLESS OF THE CAUSE OF ACTION.

Termination
NHPDA may terminate your membership and/or prohibit you from using or accessing the Site (or any portion, aspect or feature of the Site) for any reason or no reason at any time in its sole discretion, with or without notice.

Governing Law; Venue and Jurisdiction
By visiting or using the Site, you agree that the laws of the State of New Jersey, without regard to principles of Conflicts of Laws, will govern these Terms of Use and any dispute of any sort that might arise between you and NHPDA or any of our affiliates. You agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of New Jersey and you hereby consent to and waive all defenses of lack of Personal Jurisdiction and Forum Non Conveniens with respect to venue and jurisdiction in the state and federal courts of New Jersey.

Indemnity
You agree to indemnify and hold NHPDA, its subsidiaries and affiliates and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with your use of the Site, your conduct in connection with the Site or with other users of the Site or any violation of these Terms of Use or of any law or the rights of any third party.

Submissions
You acknowledge and agree that any questions, commences, suggestions, ideas, feedback or other information about the Site (“Submissions”), provided by you to NHPDA are non-confidential and shall become the sole property of NHPDA. NHPDA shall own exclusive rights, including all intellectual property rights and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgement or compensation to you.

Definitions and Constructions
Unless otherwise specified, the terms “includes,” “including,” “e.g.,” “for example” and other similar terms are deemed to include the term “without limitation” immediately thereafter. Terms used in these Terms of Use with the initial letter capitalized will have the meaning attributed to them in these Terms of Use.

Entire Agreement
These Terms of Use constitute the entire agreement between you and NHPDA regarding the use of the Site, superseding any prior agreements between you and NHPDA relating to your use of the Site.

Non-Waiver
The failure of NHPDA to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance.

Severability
If any provision in these Terms of Use is held invalid, the remainder of these Terms of Use shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

If you have any additional questions or concerns about these Terms of Use, please feel free to contact us at info@NHPDAus.org or Privacy Matters, c/o NHPDA, Inc., 3301 Route 66, Suite 205, Building C, Neptune, New Jersey, 07753.


REFUND POLICY

Effective: November 1, 2009

The National Honey Packers & Dealers Association (“NHPDA”) has established the following Refund Policy:

NHPDA Membership Fees
Payments for NHPDA memberships are non-refundable and non-transferrable. Questions regarding any membership fees or other charges one wishes to dispute should be directed to NHPDA at (732) 922-3008 or by mail at NHPDA, 3301 Route 66, Suite 205, Building C, Neptune, New Jersey 07753.

NHPDA Meeting Registration Fees
Registrants seeking refund of their meeting registration fees must submit their request, in writing, to NHPDA so it is received by NHPDA prior to or on the pre-registration deadline for the specific meeting. Payments for NHPDA meeting registrations are generally non-refundable after the pre-registration deadline; however, refund requests made after the pre-registration deadline may be granted on a case-by-case basis, provided the request is received in writing.

National Honey Packers & Dealers Association
3301 Route 66, Suite 205, Bldg. C, Neptune, NJ 07753
(732) 922-3008 • Fax: (732) 922-3590 • info@nhpda.org

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