NAF Terms and Conditions of Use These Terms were last updated: June 2015
NAF (“We,” ”Us,” or “Our”) welcomes you to Our website (the “Website”). We provide the content and services available on the Website to you subject to the following terms and conditions of use (the “Terms”). By accessing or using any portion of the Website or any service or content on the Website, you are acknowledging that you have read, understand, and accept these Terms and agree, without limitation or qualification, to be bound by these Terms. If you do not agree to be bound by these Terms, please do not access or use this Website. 1. Changes to these Terms. We reserve the right, in Our sole discretion, to change, add or remove portions of these Terms at any time and for any reason. If We change these Terms, We will post the revised document here, and such changes will be effective immediately upon that posting. Accordingly, you should periodically review these Terms when accessing or using the Website. Each use of the Website constitutes your agreement to be bound by and comply with the then-current Terms. If at any time you no longer agree to be bound by or comply with these Terms, then you should stop accessing and using the Website. 2. Privacy. Please review Our Privacy Policy so that you may understand how We collect, use, share and protect personal information gathered from the Website. By using the Website, you also agree to the terms of Our Privacy Policy. 3. Ownership and Intellectual Property. The Website, and all content available on the Website, including, but not limited to, text, graphics, logos, button icons, images, audio clips, video clips, data compilations, code and software, and any combinations or compilation thereof (collectively, the “Content”), is the property of NAF or Our affiliates, partners or licensors, and is protected by applicable copyright and/or other intellectual property rights and laws of the United States and other countries. If you believe that any user Content or other material posted on the Website infringes your copyright then notify Us in accordance with these Terms, We will address your concerns in accordance with the provisions of the Digital Millennium Copyright Act. To file a notice of infringement, you must provide a signed, written notice that includes each of the following: (a) a description of the copyright work that you claim has been infringed, including tis location, with sufficient detail so as to permit Us to find and verify its existence; (b) Your contact information, including name, address, telephone number, and email address; (c) A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or law; (d) A statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf; and (e) An electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest. Please consult your legal counsel for further details or see 17 U.S.C. §512(c)(3). NAF’s Agent for Notice of claims of copyright infringement can be reached as followed: webmaster@naf.org In addition, any trademarks, logos, and service marks owned by NAF or Our affiliates and displayed on the Website (collectively, the “Trademarks”) are the registered and unregistered marks of NAF or Our affiliates, licensors or partners, and are protected by United States and international trademark laws. All other Trademarks not owned by NAF or Our affiliates, partners or licensors that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Us. Except as expressly permitted in Sections 4, 5 or Section 6 below, or as required under applicable law, neither the Content, the Trademarks, nor any other portion of the Website may be used, reproduced, downloaded or stored (except for caching or as necessary to view content), duplicated, copied, distributed, transmitted, performed, published, licensed, sold, resold, accessed, modified, used to create derivative works or otherwise exploited, in full or in part, for any purpose without Our prior written consent. No act of downloading or otherwise copying from the Website, even with Our permission, will transfer title to any Content or Trademarks to you. We hereby expressly reserve all rights not expressly granted in and to the Website, the Content and Trademarks. 4. Your Use of the Website. We grant you a limited, revocable, and non-exclusive right to access and use the Website and the Content, and to print a reasonable number of pages from the Website, for your informational purposes only. However, We do not give you the right to, and you may not: (a) use the Website in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); (b) make any use of the Website or its Content for any commercial use, including resale, recirculation or redistribution, or use or allow the use of the Website or its Content by or for the benefit of, any other person or entity, except with Our express prior written permission or as expressly permitted below in Section 6; (c) circumvent, disable, or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content; (d) modify, transmit, participate in the sale or transfer of, or create derivative works based upon any Content unless expressly permitted elsewhere in these Terms of Use; (e) use any meta tags or any other “hidden text” utilizing Our name or the Trademarks without Our prior written consent; (f) use software robots, spiders, crawlers, or similar data gathering and extraction tools, whether automated or manual, to access, acquire, copy or monitor any portion of the Website or any Content without Our prior written consent; or (g) knowingly or intentionally take any other action that may impose an unreasonable burden or load on Our Website, its servers or infrastructure. (h) knowlingly or intentionally messaging or disrupting the analytics trackers on the website We make no claims regarding the use of the Website or access to the Content outside of the United States. Access to the Website or Content may not be legal by certain persons or in certain countries. If you access the Website or Content from outside the United States, you do so at your own risk and are responsible for compliance with the laws of such jurisdiction. Any unauthorized use by you of the Website or Content will terminate your limited rights to use the Website and Content without prejudice to any other remedy We may have under applicable law. 5. Submitting Materials to Our Website. Certain features of the website may allow you to provide Us with comments, suggestions, ideas, questions, data or other material (collectively “Submissions”). Except with respect to personal information, any Submissions that you provide to Us will be considered non-proprietary and non-confidential. Subject to the terms of Our Privacy Policy, by posting or otherwise providing Us with any Submission, you hereby grant to Us a non-exclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to use, copy, transmit, translate, modify, distribute, display, publish or otherwise exploit that Submission in any form, media, technology, whether now known or later developed, and for any purpose including, without limitation, developing, distributing and promoting NAF and Our products and services. If you make a Submission, you represent and warrant to Us that you own or otherwise have the rights necessary to provide the Submission to Us. While We encourage you to state what is on your mind, you may not post, upload, transmit, or otherwise make available any content through the Website that: (a) is promotional in nature, including solicitations, junk mail, spam, chain letters, pyramid schemes or the like; (b) is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy (including by sharing their private or personal information), hateful, or racially, ethnically or otherwise objectionable; (c) falsely identifies yourself or your e-mail address, impersonates any other person or entity, or otherwise misleads Us or other Website users as to the origin of any Submission; (d) violates or infringes the copyright, trademark, or other intellectual property rights of any third party, or is provided or posted without the permission of the owner(s) of such rights; (e) contains software viruses or other computer code, files or programs designed to interrupt, destroy, harm or limit the functionality of any computer software or hardware or telecommunications equipment; or (f) is otherwise deemed by Us in Our sole discretion to be inappropriate for the Website. You are solely responsible for the Submissions that you provide, including the content of any comments or information posted by you or otherwise through your account, or for the content of any information accessible through any links to third party sites contained within your Submission. We have the right, but not the obligation, to monitor Submissions posted to the Website to determine compliance with these Terms and to satisfy any law, regulation or authorized government request, and may edit or remove any Submission provided to or posted on the Website for any reason. Notwithstanding the foregoing, any monitoring or review of Submissions that We may conduct does not mean that We necessarily endorse, support, sanction, encourage, or agree with the comments, opinions or statements that are contained in those Submissions, and NAF does not verify that those comments posted are truthful, accurate or reliable. 6. Linking to the Website. We also grant you a limited, revocable and non-exclusive right to link to the Website for your personal and non-commercial purposes only as follows: If you include a link from any other website to Our Website, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of this Website. In addition, the website from which you link to the Website may not: (a) link to the Website in any manner such that the Website is “framed,” surrounded or obfuscated by any third party content, materials or branding or use other “in-line” linking methods for the Website or its Content; (b) replicate Our Content in whole or in part; (c) imply that We are endorsing your website or its content, services or products, unless you have Our prior written consent to expressly do so; (d) misrepresent your relationship with NAF (e) contain content that could be construed as distasteful, obscene, pornographic, offensive, infringing or otherwise inappropriate or unlawful; (f) portray NAF in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate NAF with undesirable products, services, or opinions; or (g) use any Trademark without Our prior written permission. (h) encourage traffic to your website for sole the purpose of increasing traffic or views to your own website We reserve all of Our rights under the law to insist that any link to the Website be discontinued, and to, in Our sole discretion, revoke your right to link to the Website. If We request that you remove any link to the Website, upon receipt of such request, you shall immediately remove such link. 7. Third Party Links. For your convenience, We may provide on the Website links to websites of other persons or entities. We are not responsible for the content of any non-NAF websites to which the Website links or is linked to, including any social network websites such as Twitter or Facebook that We may use to promote NAF and Our activities. Links appearing on the Website are for convenience only and are not an endorsement by Us, or Our affiliates or partners, of the referenced content, product, service, or supplier. Your linking to any non-NAF websites is at your own risk. We are in no way responsible for examining or evaluating, and do not warrant the offerings of, non-NAF websites linked to or from the Website, nor do We assume any responsibility or liability for the actions, content, products, or services of such websites, including, without limitation, their privacy statements and terms and conditions. You should carefully review the terms and conditions and privacy policies of all non-NAF websites that you visit. 8. Accuracy of Information. We attempt to be as accurate as possible on the Website; however, to the full extent permitted by applicable law, We make no representations or warranties that the Website, the Content, or information available on the Website including user Submissions, is accurate, complete, reliable, current, or error-free, and We expressly disclaim any and all liability for errors or omissions in, or the unavailability of, the Website, the Content or other such information. Any Content or information on the Website is subject to change without notice. 9. Representations and Warranties. YOU AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND YOU ACKNOWLEDGE THAT THE WEBSITE AND ALL CONTENT THEREIN ARE PRESENTED “AS IS” AND “AS AVAILABLE.” TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO AND DISCLAIM ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS, THE WEBSITE, OR THE CONTENT OR TRADEMARKS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, AVAILABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. 10. Limitation of Liability. YOU AGREE THAT NAF, AND OUR AFFILIATES, PARTNERS, LICENSORS, OFFICERS, DIRECTORS, MEMBERS, OWNERS, AGENTS AND EMPLOYEES (THE “NAF PARTIES”) WILL NOT BE RESPONSIBLE OR LIABLE, UNDER ANY CIRCUMSTANCES, FOR OR IN RELATION TO ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR INTERRUPTIONS TO THE WEBSITE; (c) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, LOSS, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT THE PRESENCE OF OR HYPERLINKING TO OR FROM NON-NAF LINKS ON THE WEBSITE; (e) COMPUTER VIRUSES, TROJAN HORSES, WORMS OR OTHER HARMFUL COMPONENTS, SYSTEM FAILURE OR MALFUNCTION WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE WEBSITE, INCLUDING DURING HYPERLINKING TO OR FROM NON-NAF WEBSITES; (f) INJURY OR DAMAGES ARISING OUT OF YOUR USE OF THE WEBSITE; OR (g) EVENTS BEYOND NAF’S REASONABLE CONTROL. FURTHER THE NAF PARTIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE WEBSITE OR THE CONTENT OR TRADEMARKS (OR YOUR USE THEREOF) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF NAF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE NAF PARTIES’ TOTAL LIABILITY TO YOU hereunder or otherwise related to the website or the content or trademarks (or your use thereof) FOR ANY AND ALL DAMAGES, LOSSES, LIABILITIES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) EXCEED $50.00 USD. SOME JURISDICTIONS LIMIT THE EXCLUSION OF DAMAGES OR LIMITATION OF LIABILITY, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF ANY PART OF THE EXCLUSIONS OR DAMAGES OR LIMITATION OF LIABILITY SET FORTH ABOVE IS UNENFORCEABLE UNDER APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE NAF PARTIES WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY SUCH LAW. 11. Indemnification. You agree, at your own expense, to defend, indemnify and hold the NAF Parties harmless from and against any losses, liabilities, damages or costs incurred by the NAF Parties, including reasonable attorneys’ fees, resulting from any third-party claim, action, threat or demand arising out of or relating to (a) your use of the Website, Content or Trademarks, including any Submissions; (b) your violation of these Terms or any law or the rights of any third party; or (c) any Submission that you input, post, upload, distribute, e-mail, transmit or otherwise make available through the Website. You may not in any event settle any such third party claim, action or demand without Our written consent. NAF reserves the right to, in its sole discretion and at its own expense, participate in or assume the exclusive defense and control of any such third-party claim, action, threat or demand otherwise subject to indemnification by you. 12. Governing Law and Venue. These Terms are governed by the laws of the State of New York, without regard to any conflict of law principles thereof that might lead to the application of the laws of another jurisdiction. You hereby irrevocably consent to the exclusive personal jurisdiction of, and venue in, the state and federal courts located in New York, New York, with respect to any disputes arising out of or relating to your use of the Website, and you hereby irrevocably waive all defense of lack of personal jurisdiction and forum non-conveniens. Any cause of action or claim you may have arising out of or relating to the Terms of Use or the Website must be commenced within one (1) year after the case of action accrues. Otherwise, such cause of action or claim is permanently barred. 13. Termination. We have the right to restrict, suspend or terminate your access to the Website if, in Our sole discretion, you fail to comply with any provision of these Terms. We may also discontinue or change the Website or any service therein, or its availability to you, at any time and for any reason, and without prior notice or liability. 14. General. These Terms, together with Our Privacy Policy, constitute the complete and exclusive agreement between you and NAF concerning your use of the Website, and supersede and govern all prior proposals, agreements or other communications. Nothing contained in these Terms shall be construed as creating any agency, partnership, or other form of joint enterprise between NAF and you. Nothing contained in these Terms provides any person or entity not a party to these Terms of Use with any remedy, claim, liability, reimbursement, or cause of action, or creates any third party beneficiary rights. Our failure to enforce or exercise any provision or right hereof shall not constitute a waiver of such provision or right, nor shall Our waiver of a breach of any provision hereof be taken or held to be a waiver of that provision at any other time. In the event that any provision of these Terms shall be declared unenforceable or invalid under any applicable law by a court of competent jurisdiction, such provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in force and effect. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, Our original objectives and intent as reflected in the original provision. The provisions set forth in the following Sections, and any other right or obligation of the parties in this Agreement that, by its nature, should survive termination or expiration of this Agreement, will survive any expiration or termination of this Agreement: Section 3, 8, 9, 10, 11, and this Section 17.
