Last Updated: June 1, 2016
Rights and Restrictions Relating to Site Content
License Grant. We may provide via the Site information, data, text, images and other materials created by us or our licensors or uploaded to the Site by our members, other users and/or third party partners (the “Content”). The Content available through this Site is our property or the property of our members, other users, third party partners and/or licensors, and is protected by state, national and international copyright, trademark and other intellectual property laws. Unless otherwise specified or authorized by us, the Site is intended for your personal, noncommercial use only. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any Content from the Site without our authorization. If you download material from the Site for your personal, non-commercial use, you must keep intact all copyright and other proprietary notices. You may not otherwise reproduce or distribute any of the Content of the Site without our prior authorization. Of course, you’re free to encourage others to access the information themselves on our Site and to tell them how to find it.
Trademarks. The NCCAA trademarks and service marks that appear on the Site are the property of NCCAA. You agree not to display or use in any manner any such marks or names without our prior permission.
Linking and Framing. You may establish a hypertext link to this Site, including display of Site RSS feeds, so long as the link does not state or imply any sponsorship of, or affiliation with, your site by us. However, you may not, without our prior permission, frame any of the content of the Site, or incorporate into another website or other service any material or content belonging to us or any of our licensors.
NCCAA Membership/Restricted Access Area
While some areas of our Site are available to the public, many of the features and services that are available on the Site are made available only to NCCAA members (the “Restricted Access Areas”). If you (or your institution, agency or organization) are not an NCCAA member but would like to join, you can request membership by visiting the “Join NCCAA” section of the Site and completing the membership application for the category of membership you seek. The NCCAA membership form will require you to submit certain personally identifying information, such as billing information and general contact information. Your membership application may be reviewed by us before access to the Restricted Access Areas is granted.
As part of the membership application process, you also will be asked to create a username and password for access to the Restricted Access Areas of the Site. We reserve the right to reject or terminate the use of any username that we deem offensive or inappropriate. You will have the opportunity to change your password by logging in to the Restricted Access Areas of our Site and clicking on “Update Your Details/Change Password.” You are responsible for maintaining the confidentiality of your username and password, and are responsible for all activities (whether by you or by others) that occur under your member account. You agree to notify us immediately of any unauthorized use of your username, password or account or any other breach of security relating to our Site, and to ensure that you log out from your member account at the end of each browsing session.
Responsibility For User-submitted Content
Our Site may include interactive features, such as discussion groups, comment fields, and other features that allow NCCAA members and other Site users to post content and materials for display on the Site. You will be solely responsible for any and all content and materials of whatever nature that you post on, transmit to or link to from the Site. You agree to indemnify and hold NCCAA and its agents, representatives, directors, officers, employees and licensors, harmless from any liability of any nature arising out of or related to any content or materials submitted to or displayed on the Site by you or by others accessing your member account.
By submitting material to the Site, you represent that you are the owner of the material, or are making your submission with the express consent of the owner, and you grant us, our partners, agents, representatives, and service providers, the worldwide, royalty free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, disclose, distribute, adapt, broadcast, translate, create derivative works from, perform and publish such material (in whole or in part) on the Site, or otherwise, and/or to incorporate it into other works in any form, media or technology now known or later developed. You also agree that we may identify you as the author of any of your postings by name, email address or username as we deem appropriate.
You agree not to use any portion of this Site to post or otherwise make available any content or material or, as applicable, to engage in any conduct or activity:
- that is profane, sexually explicit, tortious, vulgar, obscene, libelous, abusive, or unlawful, or infringes the rights of others or interferes with the ability of others to access or use the Site;
- that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- that impersonates any person or entity, including, but not limited to, a Site administrator or another member or user, or that falsely states or otherwise misrepresents your affiliation with a person or entity;
- that includes personal or identifying information about another person without that person’s explicit consent;
- that is false, deceptive, misleading, or deceitful;
- that infringes any copyright, patent, trademark, trade secret or other rights of any party;
- that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- that constitutes or includes unsolicited or unauthorized advertising, promotional materials, “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; or
- that interferes with or disrupts the Site or servers or networks connected to the Site, or disobeys any requirements, procedures, policies or regulations of networks connected to the Site.
This Site may (now or in the future) offer the ability for you to submit payment for membership fees, NCCAA Certification fees, or other services or features offered by NCCAA. You (and the institution, agency or organization on whose behalf you are acting) agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to only to make purchases for yourself or for a person, institution, agency, or organization on whose behalf you are legally permitted to do so. If you make a purchase for a third party that requires you to submit such party’s personal information to us, you represent that you have obtained the express consent of such party to provide that personal information.
Suspension and Termination of Access
Links to Third-Party Sites
Our Site may include links to websites offered or maintained by third parties. Linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. Because we have no control over such websites, you acknowledge and agree that we are not responsible for the availability of such external websites, and are not responsible or liable for any content, including, without limitation, advertising, products, or other materials, on or available from such sites.
Use of Contact Information
Any and all contact information that is displayed on the Site, including the information contained in any member directories or other directories that may be provided on the Site, is provided for informational purposes only and is not to be used for marketing, telemarketing or solicitation purposes, regardless of whether such marketing, telemarketing or solicitation is commercial, non-commercial, charitable or political in nature.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
No Warranties. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS SITE AND ALL MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE, OUR AGENTS, REPRESENTATIVES, DIRECTORS, OFFICERS, EMPLOYEES AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH THE SITE, NOR DO WE GUARANTEE THAT THE MATERIALS, INFORMATION OR SERVICES WILL BE ERROR-FREE, SECURE OR CONTINUOUSLY AVAILABLE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO WARRANTY THAT (I) THE SITE WILL MEET YOUR REQUIREMENTS, (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (IV) ANY ERRORS IN THE SITE WILL BE CORRECTED. IF YOU DOWNLOAD OR OTHERWISE OBTAIN ANY MATERIAL(S) THROUGH THE SITE YOU DO SO AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT. Finally, we are not responsible for the conduct, whether online or offline, of any user of the Site.
Limitation of Liability. UNDER NO CIRCUMSTANCES WILL WE OR OUR AGENTS, REPRESENTATIVES, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, LIABILITY 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 WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM (A) YOUR USE OF, OR INABILITY TO USE, THE SITE, OR (B) ANY MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH THE SITE. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN WHICH CASE OUR LIABILITY AND THE LIABILITY OF OUR AGENTS, REPRESENTATIVES, DIRECTORS, OFFICERS, EMPLOYEES AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.)
Your interactions with companies, organizations and/or individuals found on or through our Site are solely between you and such companies, organizations and/or individuals. We will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings and, if there is a dispute between users, or between a user and a third party, we are not obligated to become involved.