USE OF THIS SITE IS SUBJECT TO THE TERMS AND CONDITIONS CONTAINED IN THE WEBSITE USE AGREEMENT BELOW. BY ACCESSING OR USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THE WEBSITE USE AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THE WEBSITE USE AGREEMENT, YOU MAY NOT ACCESS OR USE THIS SITE.
WEBSITE USE AGREEMENT
This Internet Website Use Agreement (this “Agreement”) is between you and the National Athletic Honor Society (“NAHS”). Use of this Website (the “Site”) signifies your agreement to the terms and conditions set forth herein.
2. Right to Modify this Agreement. NAHS reserves the right, at their discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time, and such modification shall be effective immediately upon either posting of the modified Agreement or notifying you. You agree to review this Agreement periodically to ensure that you are aware of any modifications. Your continued access or use of the Site shall be deemed your conclusive acceptance of the modified Agreement.
3. User Identification. You will be responsible for maintaining any user identification and password issued to you. You shall not divulge your password or allow any other person to access the Site on your account.
4. Anti-Discrimination. NAHS does not discriminate based on sex, age, gender, sexual orientation, gender orientation, ethnicity, disability, culture, religion or socio-economic status.
5. Site Ownership and Content. The Site is owned and operated by NAHS and contains material which is derived in whole or in part from NAHS and other sources and is protected by international copyright, trademark and other intellectual property laws.
6. License to You. Subject to and as limited by the terms of this Agreement, NAHS grants you a limited, non-transferable, non-exclusive license to use the material displayed on the Site for non-commercial purposes. The content of the Site is only for your personal, non-commercial use. You may download and copy downloadable items displayed on the Site for personal, noncommercial use only, provided that you maintain all copyright and other notices contained in such content. Before making copies of downloadable items, you will destroy existing copies of such items in your possession or control. You agree that you may not maintain more than one copy of the content of the Site at any given time.
7. Protection of Site. The Site is protected by copyright, and the copyright to materials displayed therein is owned by NAHS, or the party credited as the provider of the content. You will abide by any and all additional copyright notices, information, or restrictions contained on the Site. You may not transfer copies of any of the content of the Site to any person. Except as permitted under this Agreement, copying, storing, displaying, reproducing, distributing, selling, licensing, publishing or creating derivative works of any content on the Site is expressly prohibited without the prior written permission from NAHS or the copyright holder identified in the individual content copyright notice. Without limiting the generality of the foregoing, you also agree not to use any robot, spider or other automated device to monitor or copy the content of the Site. Also, without limiting the generality of the foregoing, nothing on the Site may be reverse-engineered, disassembled, decompiled, or retransmitted in any way through any medium or otherwise translated into any language or computer language. You are expressly prohibited from framing or linking or otherwise using or displaying the Site in such a manner so that it appears to be part of your own or someone else's website. You shall not deep link to any page on the Site or otherwise link in a manner that bypasses the Site’s home page.
8. Modification of the Site. NAHS may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site feature, database, or content. NAHS may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. NAHS reserves the right, in their discretion, to correct any errors or omissions in any portion of the Site.
9. License to NAHS. By posting messages, uploading files, inputting data, or engaging in any other form of communication (individually or collectively, Communications) to the Site, you hereby grant to NAHS a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to (a) use, copy, sublicense, adapt, distribute, reproduce, transmit, publicly perform, display, modify and edit any such Communications; and (b) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to Communications. The foregoing grants shall include the right to exploit any proprietary rights in any such Communications, including but not limited to rights under copyright, trademark, servicemark, or patent laws under any relevant jurisdiction. You hereby waive all rights to any claim against NAHS for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.
10. Confidentiality of Your Information. You acknowledge that transmissions to and from the Site are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to the Site, no confidential, fiduciary, contractually implied or other relationship is created between you and NAHS other than pursuant to this Agreement.
11. Your Representations, Warranties and Covenants. You represent, warrant and covenant that in your use of the Site, including any bulletin boards or chat rooms: (a) you shall not alter or tamper with the presentation of the Site or upload, post or transmit to or distribute or otherwise publish through the Site any materials which: (i) restrict or inhibit any other user from using and enjoying the Site, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind, (viii) constitute or contain false or misleading indications of origin or statements of facts, (ix) contain a virus, contaminants or other corrupted data or (x) contain any message which is harmful, hateful, threatening or abusive; (b) you shall not use the Site: (i) to harass or stalk or in any way violate the rights of any other person, (ii) to intercept email or other communications not intended for you, (iii) to spam or otherwise send email for purposes of unsolicited advertising or for sending a mass unsolicited message, or (iv) in such a manner that you limit the availability of NAHS’s resources or the Site for others; and (c) that you are at least eighteen (18) years old. Each time you upload a file or post to the Site, you represent and warrant that you own or otherwise control the rights or have the necessary consents to do so.
12. Indemnification of NAHS. You hereby agree to indemnify, defend and hold NAHS, and all their officers, directors, owners, agents, contractors employees, information providers, suppliers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties, including, without limitation, attorneys fees and costs, in connection with any claim arising out of any breach by you of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any claim. NAHS and all indemnified parties reserve the right, at their own expense, to participate in the defense or settlement or to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of NAHS.
13. Other Sites. The Site contains links and pointers to the other related World Wide Web Internet sites, resources, and sponsors of the Site. Links to and from the Site to other third party websites do not constitute an endorsement by NAHS or any of their subsidiaries or affiliates of any third party resources, or their contents. For example, websites accessed by or through links contained on the Site may contain false or misleading representations, defamatory material, material that infringes intellectual property rights of others, or material that some people may find inappropriate or offensive. NAHS disclaims any and all responsibility for content contained in any third party materials provided through links from the Site.
14. Information on the Site. NAHS does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Site. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk.
15. Review of Postings. NAHS does not and cannot review all materials posted to the Site by users, NAHS is not responsible for any such materials posted by users. However, NAHS reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, and to refuse to post or to remove any information or materials, in whole or in part, that are defamatory, fraudulent or violative of the intellectual property rights of another person or entity or that, in NAHS’s discretion, are otherwise objectionable or in violation of this Agreement.
16. Limitation of Liability
(a) THE SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE OR ACCESSED THROUGH THE SITE, IS PROVIDED "AS IS" TO THE FULLEST EXTENT PERMISSIBLE BY LAW. NAHS AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, AND EXPRESSLY DISCLAIM ANY SUCH REPRESENTATIONS OR WARRANTIES, FOR THE CONTENT ON THE SITE, THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY OF SUCH CONTENT, THE MATERIALS INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE BY OR THROUGH THE SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE. FURTHER, NAHS AND ITS AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NAHS AND ITS AFFILIATES DO NOT WARRANT AND EXPRESSLY DISCLAIM ANY WARRANTY THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT LOSS OF DATA WILL NOT OCCUR, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS OR CONTAMINANTS.
(b) TO THE MAXIMUM EXTENT AUTHORIZED BY LAW, NAHS WILL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR FOR LOSSES WHICH YOU MAY INCUR IN CONNECTION WITH THE SITE OR THE INTERNET GENERALLY, OR YOUR USE THEREOF, OR IN CONNECTION WITH ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON THE SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF NAHS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE OR LOSS. YOU UNDERSTAND THAT, TO THE MAXIMUM EXTENT AUTHORIZED BY LAW, YOUR SOLE AND EXCLUSIVE REMEDY AGAINST NAHS WILL BE TO DISCONTINUE USING THE SITE.
17. Governing Law. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW JERSEY WTHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. The parties agree that in any action arising out of this Agreement or relating to the operation of the Site or content appearing therein, they irrevocably agree to submit to the jurisdiction of the Superior Court State of New Jersey, Bergen County or the United States District Court for the State of New Jersey, Newark, and to the maximum extent permitted by law, agree that these courts shall be the venue of choice for any such action. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys fees. Without limiting the effect of any disclaimer contained herein, any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises.
18. Entire Agreement and Severability. This Agreement constitutes the entire agreement between NAHS and you with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect.
19. Assignability. NAHS may assign their rights and duties under this Agreement to any party at any time and without notice to you.
20. Termination. Either you or NAHS may terminate your use or rights to access any or all portions of the Site at any time, with or without cause, upon giving notice. Paragraphs 7, 9, 12, 13, 14, 16, 17, and 20 shall survive the termination of this Agreement.
INFORMATION WE COLLECT
We do not collect any personal information from visitors browsing the public areas of our Site. We do collect data such as the Internet Protocol (IP) address and domain name of a visitor’s computer. This information is used only as anonymous aggregate data to help us customize our website content and advertising to make our sites more useful. We may share this anonymous data with advertisers, business partners, sponsors and other third parties.
There are a number of situations in which you may be asked to provide certain personal information such as your name, your school or business name, mailing address, phone, fax and e-mail. NAHS will ask you to provide this information, for example, to apply for membership or to access our Members-Only resources, to register for conferences or seminars, or to order products and services from NAHS. Additionally, for some emails that we send in HTML format to our members through our list-serves and electronic newsletters, we track whether a recipient subsequently clicks through to links provided in the message and collect specific information such as: email address of a user, the date and time of the user's "click," a message number, name of the list from which the message was sent, tracking URL number and destination page. We use this information solely to enhance our products and their distribution to our members. This information is not sold or distributed in any other manner.
WHEN WE DISCLOSE YOUR INFORMATION
To other members: NAHS provides an online Membership Directory available only to other NAHS members. Unless a member specifically opts out, the personal information provided in his or her membership application is included in the Directory and will be accessible to other NAHS members online.
To third parties: The name, title, school or business name, and mailing address of registrants to our conventions and seminars may be shared with the sponsors of these meetings for meeting promotional purposes or with third parties that offer products and services that may be of interest to the registrants. Additionally, we sell member mailing information that includes name, title, school or business name, and mailing address through a third party vendor. We do not include phone numbers, fax numbers or e-mail addresses. You can remove yourself from this mail list by contacting our Membership Department at firstname.lastname@example.org. NAHS uses email, phone numbers and fax numbers to fulfill member benefits and to promote our own programs, products and services. We may send a limited number of emails promoting the products or services of our top sponsors. You may elect to opt-out of receiving these emails from NAHS by contacting our Membership Department at email@example.com.
Credit Card Account Information.
We do not disclose credit card account information provided by our members and customers. When members and customers choose to pay using their credit cards, we submit the information needed to obtain payment to the appropriate clearinghouse for processing. All credit card numbers provided to NAHS are stored on a computer that is not connected to the Internet. After you type or call it in, your complete credit card number is transferred to this secure machine across a proprietary one-way interface. This computer is not accessible by network or modem, and the number is not stored anywhere else, with the exception of facilitating our normal data backup requirements.
LINKS TO OTHER WEBSITES
HOW WE PROTECT YOUR INFORMATION
NAHS places a premium on making sure that personal identifying information remains private and secure and is not subject to misuse or manipulation. Our Site has industry standard security measures in place, including storage of personal identifying information in a secure environment, to protect against the loss, misuse, and alteration of the information under NAHS’s control. Although we have endeavored to create a secure and reliable Site, the confidentiality of any communication or material transmitted via the Internet cannot be guaranteed. Accordingly, you should consider carefully if you want to submit sensitive information via the Internet.
HOW TO MAKE CHANGES OR CORRECTIONS TO YOUR INFORMATION
At any time, you may contact NAHS to correct, modify, or delete the information you provide to NAHS. In addition to the ability to make direct changes to the information stored in connection with your user/member profile, you may also e-mail firstname.lastname@example.org with any requests or changes.