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A guide to your use of NACME.org
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We are pleased to share our terms of use. We recommend that you
scroll down or click the link below to review these terms at your
first opportunity.
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NACME.org Terms of Use
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ACCEPTANCE OF TERMS
This Internet Web site (http://www.nacme.org/) is offered to
you conditioned on your acceptance without modification of
the terms, conditions, and notices contained herein. Your use
of this Web site constitutes your agreement to all such
terms, conditions, and notices. The NACME Online Guide is
published, maintained and administered by NACME (NACME).
NACME provides its service to you, subject to the following
Terms of Service ("TOS"), which may be updated by us from time
to time without notice to you. You can review the most current
version of the TOS at any time by visiting http://www.nacme.org/help/terms.html.
In addition, when using any part of NACME's site, you and NACME
shall be subject to any additional posted guidelines or rules
applicable to such services, which may be posted from time
to time. All such guidelines or rules are hereby incorporated
by reference into the TOS.
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DESCRIPTION OF SERVICE
NACME currently provides users with access to a varied
collection of resources on its Online Guide Web site,
including the college search and other resources
(collectively referred to as the "Service"). Your acceptance
of our terms indicates you also understand and agree that
the Service may include advertisements. Unless explicitly
stated otherwise, any new features that augment or enhance
the current Service shall be subject to the TOS. You
understand and agree that the Service is provided "AS-IS"
and that NACME assumes no responsibility for the timeliness,
deletion, mis-delivery or failure to store any user
communications or personalization settings.
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YOUR REGISTRATION OBLIGATIONS
There is currently NO registration function on our web site.
While site registration may be offered as a feature in the
future, it will not be mandatory.
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NACME PRIVACY POLICY
Registration Data and certain other information about you is
subject to our Privacy Policy. For more information, see our
full privacy policy by clicking here.
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SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to
comply with all local rules regarding online conduct.
Specifically, you agree to comply with all applicable laws
regarding the transmission of technical data exported from the
United States or the country in which you reside.
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INDEMNITY
You agree to indemnify and hold NACME, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners,
and employees, harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to or
arising out of information you obtain from, or submit or
transmit to the Service, your use of the Service, your
connection to the Service, your violation of the TOS, or your
violation of any rights of another.
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GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that NACME may establish general practices and
limits concerning use of the Service. You agree that NACME has
no responsibility or liability for the deletion of or failure
to store any messages and other communications or other
information or data maintained or transmitted by the Service.
You acknowledge that NACME reserves the right to cancel
registrations that are inactive for an extended period of time.
You further acknowledge that NACME reserves the right to
change these general practices and limits at any time, in
its sole discretion, with or without notice.
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MODIFICATIONS TO SERVICE
NACME 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. You agree that
NACME shall not be liable to you or to any third party for
any modification, suspension or discontinuance of the
Service.
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TERMINATION
You agree that NACME, in its sole discretion, may terminate
your password, registration (or any part thereof) or use of
the Service, and remove and discard any information submitted
by you to the Service, for any reason, including, without
limitation, for lack of use or if NACME believes that you
have violated or acted inconsistently with the letter or
spirit of the TOS. NACME may also in its sole discretion and
at any time discontinue providing the Service, or any part
thereof, with or without notice. You agree that any
termination of your access to the Service under any provision
of this TOS may be effected without prior notice, and
acknowledge and agree that NACME may immediately deactivate
or delete your registration and/or bar any further access to
the Service. Further, you agree that NACME shall not be
liable to you or any third-party for any termination of your
access to the Service.
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DEALINGS WITH ADVERTISERS
While NACME will make every reasonable effort to prescreen
its advertisers, Your correspondence or business dealings
with, or participation in promotions of, advertisers found
on or through the Service, including payment and delivery of
related goods or services, and any other terms, conditions,
warranties or representations associated with such dealings,
are solely between you and such advertiser. You agree that
NACME shall not be responsible or liable for any loss or
damage of any sort incurred as the result of any such dealings
or as the result of the presence of such advertisers on
the Service.
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LINKS
The Service may provide, or third parties may provide, links
to other World Wide Web sites or resources. Because NACME
has no control over such sites and resources, you acknowledge
and agree that NACME is not responsible for the availability
of such external sites or resources, and does not endorse
and is not responsible or liable for any Content, advertising,
products, or other materials on or available from such sites
or resources. You further acknowledge and agree that NACME
shall not be responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be caused by or
in connection with use of or reliance on any such Content,
goods or services available on or through any such site or
resource.
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DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
- Your use of the Service is at your sole risk. The
Service is provided on an "as is" and "as available" basis.
NACME expressly disclaims all warranties of any kind,
whether express or implied, including, but not limited to
the implied warranties of merchantability, fitness for a
particular purpose and non-infringement.
- NACME makes no warranty that (i) the Service will meet
your 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 othermaterial purchased or obtained by
you through the Service will meet your expectations, and
(v) any errors in the Service will be corrected.
- Any material downloaded or otherwise obtained through
the use of the Service is done at your own discretion and
risk and that you will be solely responsible for any
damage to your computer system or loss of data that results
from the download of any such material.
- No advice or information, whether oral or written,
obtained by you from NACME or through or from the Service
shall create any warranty not expressly stated in the TOS.
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LIMITATION OF LIABILITY
You expressly understand and agree that NACME 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 NACME has been advised of the possibility of such
damages), resulting from: (i) the use of 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; or (v) any other matter relating to the Service.
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EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain
warranties or the limitation or exclusion of liability for
incidental or consequential damages. Accordingly, some of
the above limitations of sections 12 and 13 may not apply
to you.
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NOTICE
Notices to you may be made via either email or regular mail.
The Service may also provide notices of changes to the TOS
or other matters by displaying notices or links to notices
to you generally on the Service.
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LOGO AND WORDMARKS
Without NACME's prior permission, you agree not to display
or use in any manner, the NACME name or logo, or any other
symbols, images or character combinations represented in
this site.
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GENERAL INFORMATION
The TOS constitute the entire agreement between you and
NACME and govern your use of the Service, superceding any
prior agreements between you and NACME. You also may be
subject to additional terms and conditions that may apply
when you use affiliate services, third-party content or
third-party software. The TOS and the relationship between
you and NACME shall be governed by the laws of the State
of New York without regard to its conflict of law provisions.
You and NACME agree to submit to the personal and exclusive
jurisdiction of the courts located within the county of New
York, New York. The failure of NACME to exercise or enforce
any right or provision of the TOS shall not constitute a
waiver of such right or provision. If any provision of the
TOS is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as
reflected in the provision, and the other provisions of the
TOS remain in full force and effect. You agree that
regardless of any statute or law to the contrary, any claim
or cause of action arising out of or related to use of the
Service or the TOS must be filed within one (1) year after
such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and
have no legal or contractual effect.
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FOR MORE INFORMATION
For more information on these terms, our Web site or NACME,
contact:
Kevin Woloshyn
Director, Communications
NACME
440 Hamilton Ave, Suite 302
White Plains, NY 10601-1813
(914) 539-4010
kwoloshyn@nacme.org
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