NACS WWW Terms of Use Agreement

By utilizing the NACS web sites, you ("User") acknowledge that you have read, understood and agree to comply with the terms and conditions stated within this agreement ("Agreement").

 

NACS may amend these terms and conditions at any time. User's continued use of this web site constitutes acceptance of the terms and conditions stated at the time of use.

 

User Conduct

User agrees that all the information posted or accessed will be used only for informational or educational purposes. There may be no commercial or other unauthorized use of interactive features. User may not conduct business, or actively solicit actions which are prohibited by law or which violate any federal, state or local laws. In addition, this site cannot be used to exchange information, services, materials or software in return for payment of any sort (trade of like items, special discounts, cash, etc.) without the prior written approval of NACS.

 

Users of this site must also agree not to distribute, post, publish or otherwise communicate any content which advertises or solicits others to engage in non-competitive activities. Anti-trust law forbids discussing or entering an agreement or understanding concerning any matter which is inconsistent with the proposition that each company must exercise its independent business judgment in pricing its services or products, dealing with its customers and suppliers, and choosing the markets in which it will compete. Users of this site must not enter any agreements, understandings, or discussions concerning:

 

  • prices, discounts, and terms or conditions of sale;
  • profits, profit margins, and cost data;
  • market shares, sales territories, and markets;
  • the allocation of customers or territories;
  • selection, rejection or termination of customers or suppliers;
  • restricting the territory or markets in which a company may sell;
  • restricting the customers to whom a company may sell;
  • refusal to deal with a corporation because of its pricing or distribution practices;
  • whether or not the pricing practices of any industry member are unethical or constitute an unfair trade practice.

By using the site, you agree that you will not post any of the following material in site bulletin boards, interactive features or other forums ("postings"):

 

  • Material which defames, abuses or threatens others.
  • Statements that are bigoted, hateful or racially offensive.
  • Material that advocates illegal activity or discusses illegal activities with the intent to commit them.
  • Unauthorized copyrighted material.
  • Material that contains vulgar, obscene or indecent language or images.
  • Advertising or any form of commercial solicitation.
  • Material that does not pertain to the room or bulletin board's given topic.

Statements or postings which violate the above terms will be deleted upon discovery. All interactive features are monitored, and NACS reserves the right to edit or remove any information posted to this site.

 

Registration Obligations

To access certain portions of this web site, Users must become registered members of NACS. Users agree to provide truthful and accurate information during the registration process or when prompted to submit information through a form or e-mail request from authorized NACS staff. Users also agree to maintain the accuracy of any submitted data. If User provides any information that is untrue, inaccurate or incomplete, NACS reserves the right to terminate User's membership and suspend User's use of any and all services offered through this web site.

 

Corporate Identification and Trademarks

All registered and/or unregistered trademarks and/or service marks (collectively, "Marks") used or referred to on this web site are the property of NACS and/or its affiliates, unless otherwise noted. Users may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify these Marks in any way without NACS' prior written permission. The use of NACS' Marks on any other web site is prohibited.

 

Privacy

NACS collects information about the Users of this web site. Collection of this information is governed by NACS' Online Privacy Policy.

 

Proprietary Rights to Content

All materials contained on this web site are copyrighted except where explicitly noted otherwise. © National Association of College Stores, Inc. All rights reserved.

 

User acknowledges and agrees that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in this web site ("Content") is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. User understands and agrees that User is permitted to use this Content only as expressly authorized by this Agreement and User may not copy, reproduce, distribute or create derivative works from this Content without NACS' prior, express authorization.

 

Links to Third Party Sites

NACS provides Users with links to other web sites. These third party sites are not under the control of NACS and User acknowledges that NACS is not responsible or liable for any content, advertising, products or other materials available from such third party sites. User also agrees that NACS shall not be liable for any loss or damage of any sort incurred as the result of using any third party's web site.

 

Limitation of Liability

USER EXPRESSLY UNDERSTANDS AND AGREES THAT NACS SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPT OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THIS WEB SITE, OR RESULTING FROM ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEB SITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED, EVEN IF NACS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OF DAMAGE.

 

NOTE: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

 

Disclaimer of Warranties

This site is being provided by NACS, but the opinions expressed by users do not necessarily reflect the opinions and beliefs held by NACS. In addition, NACS makes no warranty that this web site will meet your requirements or that it will be uninterrupted, timely, secure or error free; nor does NACS make any warranty as to the results that may be obtained from the use of this web site or as to the accuracy or reliability of any information obtained through this web site. USER UNDERSTANDS AND AGREES THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEB SITE IS DONE AT USER'S OWN RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT.

 

UNLESS EXPRESSLY STATED OTHERWISE, NACS PROVIDES THIS SITE CONTENT "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT ALLOWABLE BY LAW. THIS INCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL NACS OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE CONTENT, EVEN IF NACS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

NOTE: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

 

Indemnification

User agrees, at User's expense, to indemnify, defend and hold harmless NACS, its officers, directors, employees, agents, affiliates, distributors and licensees from and against any judgment, losses, deficiencies, damages, liabilities, costs and expenses (including reasonable attorneys' fees and expenses) incurred in connection with or arising from any claim, demand, suit, action or proceeding arising out of User's breach of this Agreement or in connection with User's use of this web site or any product or service related thereto.

 

Governing Law

This Agreement and the relationship between User and NACS shall be governed by and construed in accordance with the laws of the State of Ohio without regard to its conflict of laws provisions. Any controversy or claim arising out of or relating to this Agreement or relating to use of this web site and the material contained in this web site shall be resolved in an Ohio court. User agrees that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement must be filed within one (1) year after such claim or cause of action arises or will be forever barred.

 

Waiver/Severability

The waiver by either party of a breach or right under this Agreement will not constitute a waiver of any subsequent breach or right. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which will otherwise remain in full force and effect.

 

Reservation of Rights

Any rights not expressly granted herein are reserved.

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