Human Performance Association and hpamembership.org Terms of Service

By using the hpamembersip.org web site (“Service”), or any services of Human Performance Association , you are agreeing to be bound by the following terms and conditions (“Terms of Service”). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS OUR SERVICES THROUGH YOUR ACCOUNT TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICE.

The Human Performance Association reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: https://hpaweb.org/home/terms-conditions/ Violation of any of the terms below may result in the termination of your Account. You agree to use the Service at your own risk.

A. Account Terms You must be 13 years or older to use this Service. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process. Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as your membership plan allows. You are responsible for maintaining the security of your account and password. HPA cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).

B. Payment, Refunds, Upgrading and Downgrading Terms All members must maintain paid up dues in order to retain access to the membership areas. All fees and charges incurred in connection with your Human Performance Association account will be billed to the credit card designated during the registration process for the Account, or subsequently designated by you, to the Human Performance Association. If you want to designate a different card or there is a change in credit card validity or expiration date, or if you believe someone has accessed the Site using your username and password without your authorization, you may change your card details by contacting a Human Performance Association representative by phone at (307) 637-0958 or by email at membershipservices@hpaweb.org  All yearly dues will continue and renew automatically, unless properly cancelled (see Section C #1) If you initially sign up for a plan which includes a free or discounted trial period, and you don’t cancel that account before the stated trial period expires, you will be billed for the full annual membership dues of the plan starting on the day the trial period ends. If you cancel prior to the processing of your first invoice following any trial period, you will not be charged. An upgrade to any plan from an Account in a trial period will end your trial immediately. You will be billed for your annual membership dues immediately upon upgrading. There will be no refunds or credits for partial year of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle. Downgrading your Service may cause the loss of features or capacity of your Account. The Human Performance Association does not accept any liability for such loss.

C. Cancellation and Termination You are solely responsible for properly canceling your account. You must contact a Human Performance Association representative by phone at (307) 637-0958 or by email at membershipservices@hpaweb.org to cancel your membership. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again. The Human Performance Association, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Human Performance Association service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content associated with your membership participation in postings, forums, etc.  The Human Performance Association reserves the right to refuse service to anyone for any reason at any time.

D. Modifications to the Service and Prices The Human Performance Association reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Prices of all Services, including but not limited to yearly membership fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Human Performance Association site (https://www.hpaweb.org) or the Service itself (http://www.hpamembership.org). The Human Performance Association shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

E. Copyright and Content Ownership   Other than documents published by the Association, we claim no intellectual property rights over the material you provide to the Service.  By posting materials and insights, participating in forum discussions, etc., you agree to allow others to view your Content. You shall defend the Human Performance Association against any claim, demand, suit or proceeding made or brought against the Human Performance Association by a third party alleging that Your Content, or Your use of the Service in violation of this Agreement, infringes or misappropriates the intellectual property rights of a third party or violates applicable law, and shall indemnify the Human Performance Association for any damages finally awarded against, and for reasonable attorney’s fees incurred by, the Human Performance Association  in connection with any such claim, demand, suit or proceeding; provided, that the Human Performance Association (a) promptly gives You written notice of the claim, demand, suit or proceeding; (b) gives You sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that You may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases the Human Performance Association of all liability); and (c) provides to You all reasonable assistance, at Your expense. The look and feel of the Service is copyright ©2014 the Human Performance Association, Inc.  All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from the Human Performance Association.

F. General Conditions Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis. Technical support is only provided to paying members and is only available via email. Support is only available in English. You understand that the Human Performance Association uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, the Human Performance Association, or any other the Human Performance Association service. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by the Human Performance Association. We may, but have no obligation to, remove Content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any the Human Performance Association customer, employee, member, or officer will result in immediate Account termination. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You must not upload, post, host, or transmit unsolicited email, or “spam” messages. The Human Performance Association does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected. You expressly understand and agree that The Human Performance Association shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Human Performance Association has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the Service. The failure of the Human Performance Association to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and the Human Performance Association and govern your use of the Service, superseding any prior agreements between you and the Human Performance Association (including, but not limited to, any prior versions of the Terms of Service). You agree that these Terms of Service and Your use of the Service are governed under Wyoming law. Questions about the Terms of Service should be sent to membershipservices@hpaweb.org.

Accuracy and Availability of Information The Site contains database information and other content compiled by the Human Performance Association. While we use commercially reasonable efforts to provide accurate information, the Human Performance Association gives no warranty as to the accuracy of the database and other content on the Site. The Human Performance Association reserves the right to withdraw or delete information or content from the Site at any time.

Entire Agreement; Severability; No Waiver This Agreement (including all documents incorporated by reference) is the entire agreement between the parties for its subject matter and supersedes all prior and contemporaneous communications between the parties. No term of this Agreement may be waived by the Human Performance Association except in a signed, non-electronic writing signed by an authorized representative of the Human Performance Association.

Privacy Policy

Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.

  • Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
  • We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
  • We will only retain personal information as long as necessary for the fulfillment of those purposes.
  • We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
  • Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
  • We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
  • We will make readily available to customers information about our policies and practices relating to the management of personal information.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.