End User License Agreement
Last Updated: January 28, 2025This End User License Agreement ("Agreement") is a legal agreement between you ("User," "you," or "your") and North East Biosolids & Residuals Association ("NEBRA," "we," "us," or "our") governing your use of the NEBRA web application and related services (collectively, the "Service").
BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICE.
1. License Grant
Subject to your compliance with this Agreement, NEBRA grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes in connection with managing your organization's membership and related activities with NEBRA.
2. Account Registration and Security
2.1 You must register for an account to access certain features of the Service. You agree to:
Provide accurate, current, and complete information during registration
Maintain and promptly update your account information
Maintain the security and confidentiality of your login credentials
Notify us immediately of any unauthorized access or use of your account
2.2 You are responsible for all activities that occur under your account. NEBRA is not liable for any loss or damage arising from your failure to protect your account credentials.
3. Third-Party Integrations
3.1 The Service may integrate with third-party services, including but not limited to Intuit QuickBooks, Stripe, and Emma. Your use of these integrations is subject to the terms and conditions of those third-party services.
3.2 QuickBooks Integration: By connecting your QuickBooks account to the Service, you authorize NEBRA to access your QuickBooks data as described in our Privacy Policy. You represent that you have the authority to grant such access and that your use of the integration complies with Intuit's terms of service.
3.3 Stripe Integration: Payment processing services are provided by Stripe and are subject to the Stripe Services Agreement. By using our Service, you agree to be bound by Stripe's terms.
3.4 You may disconnect any third-party integration at any time through your account settings. Disconnection will revoke our access to that third-party service but will not delete data previously synchronized.
4. Acceptable Use
You agree NOT to:
Use the Service for any unlawful purpose or in violation of any applicable laws
Attempt to gain unauthorized access to any part of the Service or its related systems
Interfere with or disrupt the integrity or performance of the Service
Transmit any viruses, malware, or other malicious code
Reverse engineer, decompile, or disassemble any part of the Service
Use automated means to access or scrape data from the Service without authorization
Share your account credentials with any third party
Misrepresent your identity or affiliation with any person or organization
5. Intellectual Property
5.1 The Service and its original content, features, and functionality are owned by NEBRA and are protected by copyright, trademark, and other intellectual property laws. This Agreement does not grant you any rights to use NEBRA's trademarks, logos, or other brand features.
5.2 You retain ownership of any data you submit to the Service. By submitting data, you grant NEBRA a non-exclusive license to use, process, and store that data solely for the purpose of providing the Service to you.
6. Subscription and Payment
6.1 Certain features of the Service may require a paid subscription. Subscription fees, billing cycles, and payment terms will be disclosed at the time of purchase.
6.2 Subscriptions automatically renew unless cancelled before the end of the current billing period. You may cancel your subscription at any time through your account settings or by contacting us.
6.3 All fees are non-refundable except as required by law or as expressly stated in this Agreement.
7. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEBRA DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED.
NEBRA DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY DATA SYNCHRONIZED FROM THIRD-PARTY SERVICES SUCH AS QUICKBOOKS. YOU ARE RESPONSIBLE FOR VERIFYING THE ACCURACY OF SUCH DATA.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEBRA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.
IN NO EVENT SHALL NEBRA'S TOTAL LIABILITY EXCEED THE AMOUNTS PAID BY YOU TO NEBRA IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
9. Indemnification
You agree to indemnify, defend, and hold harmless NEBRA and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Service, your violation of this Agreement, or your violation of any rights of another party.
10. Termination
10.1 NEBRA may suspend or terminate your access to the Service at any time, with or without cause, with or without notice.
10.2 You may terminate your account at any time by contacting us or through your account settings.
10.3 Upon termination, your right to use the Service will immediately cease. Sections of this Agreement that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, disclaimers, limitations of liability, and indemnification.
11. Governing Law and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of the United States and the State of Rhode Island, without regard to its conflict of law provisions. Any disputes arising under this Agreement shall be resolved in the state or federal courts located in Rhode Island, and you consent to the personal jurisdiction of such courts.
12. Changes to This Agreement
NEBRA reserves the right to modify this Agreement at any time. We will provide notice of material changes by posting the updated Agreement on this page and updating the "Last Updated" date. Your continued use of the Service after any changes constitutes acceptance of the modified Agreement.
13. Severability
If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
14. Entire Agreement
This Agreement, together with our Privacy Policy, constitutes the entire agreement between you and NEBRA regarding your use of the Service and supersedes all prior agreements and understandings.
15. Contact Information
If you have any questions about this Agreement, please contact us at:
North East Biosolids & Residuals Association (NEBRA)
P.O. Box 207 · Hope, RI 02831 USA
Email: info@nebiosolids.org
Website: https://www.nebiosolids.org/