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NACCU Terms of Use
These terms of use are an agreement between National Association of
Credit Card Users ("NACCU") and users of its website ("you" or "user").
This agreement (the "Agreement") also governs your use of the services
made available through its website (the "Website"). By using the
Website, you acknowledge that you have reviewed and agree to all of the
terms of this Agreement and agree to be bound by them in connection with
your use of the Website. NACCU reserves the right to modify or
supplement any or all of the terms of this Agreement from time to time
without notice to you.
NACCU reserves the right, in its sole discretion, to restrict, suspend
or terminate access to all or any part of the Website or to change,
suspend or discontinue all or any aspect of the Website, including the
availability of any feature, database, information or content, at any
time and without prior notice or liability.
As you use the Website, you may encounter windows and links that take
you to web pages or websites of other companies to make their products
and services available to you or to enable you to communicate directly
with those companies. Your use of such web pages or websites, while
subject to the terms of this Agreement, is also subject to and governed
by the terms and guidelines, if any, contained within such web page or
website. You acknowledge that you are aware of and accept the terms and
conditions of NACCU’s Privacy Policy.
You are not authorized to use this Website in any jurisdiction
where the terms of this Agreement are not enforceable.
Content
The Website includes articles and information which NACCU believes will
be of interest to its users.
Some of the articles and information have been developed by
NACCU. Other articles and
information are provided by third-party sources.
NACCU cannot ensure that information it provides is accurate,
exhaustive or complete on every subject or that it will necessarily
include all of the most recent information available on a particular
topic. You are solely responsible for use of and reliance on this
information. Information,
software, text, photographs, graphics, links and other material
(collectively, the "Content") provided on the Website are protected by
copyright, trademark or other proprietary rights of NACCU, or third
parties. NACCU grants you a
limited nonexclusive license to use the information on the Website for
your personal and noncommercial use.
You may download or copy the Content for personal use only,
provided that you maintain all copyright and other notices contained
therein. Copying or storing of any Content for other than personal use
is expressly prohibited without prior written permission.
Otherwise, you may not copy, store in electronic form, modify,
print, transmit, transfer or sell, create derivative works from,
distribute, perform, display, or in any way exploit any of the Content,
in whole or in part, without obtaining permission of the copyright
owner, except as expressly permitted in this Agreement or permitted
under copyright law.
Submission of Content
The Website includes an interactive portion that allows users to submit
information, materials and other content. If you submit any content to
NACCU, you agree and represent that you are the sole owner of the
content or you have obtained written permission from the owner of any
copyrighted or other proprietary information, that submission,
publication, distribution or use of the content by NACCU will not
infringe any rights of any third party, and you are be solely
responsible for any damages resulting from such submissions. You are be
solely responsible for obtaining such permission and agree to indemnify
NACCU for any claim that information or materials submitted by you
infringe any third-party intellectual property right. You agree not to
upload, post or email any
content or information that (a) is libelous, defamatory, obscene,
pornographic, abusive, harassing or threatening, (b) contains viruses or
other contaminating or destructive features, (c) violates the rights of
others, such as content that infringes any copyright, trademark, patent,
trade secret or violates any right of privacy or publicity, (d) offends
the community standards of users of the Website (e) interferes with or
disrupts the Website, (f) harass another user or (g) otherwise violates
any applicable law.
You grant NACCU a nonexclusive, royalty-free, irrevocable license to
use, copy, edit, modify, transmit, publish, distribute sublicense and to
create a derivative work of any content submitted by you through the
Website, including but not limited to distribution as part of NACCU’s
services or in NACCU’s electronic and print publications, without
compensation or attribution to you.
NACCU has no obligation to publish, display or use any content
submitted by you nor does it have any obligation or liability for any
unauthorized copying, publication or distribution of such content.
Registration
To use portions of the Website, you must be registered and provide
personal data including contact information. You agree to provide true
and accurate information in connection with your registration and to
promptly notify NACCU of any changes in the registration information.
This Website is not intended for use by persons under the age of 18.
By registering with NACCU or using the Website, you agree that,
to the extent set forth in the NACCU Privacy Policy and subject to the
limitations set forth therein, we may disclose any information you
provide or that we obtain concerning your use of the Website. You are
fully liable for all use of the Website accessed through your
registration information, including any use by a user not authorized by
you who accesses the Website using your registration information. You
should promptly notify NACCU of any unauthorized use of your
registration information or other breach of security.
Information from and Contacts with Third Parties
Through our Website, you may have access to information about events,
products and services of other companies who have arranged to post
advertisements on, and make other information available through, our
Website (“Third Party Providers”).
All such information has been provided by that Third Party
Provider. We do not
endorse, credential or accredit the events, products or services of
Third Party Providers and make no representations or warranties about
the type of products or services, quality, cost, or business practices
of those Third Party Providers.
You are responsible for all activities between you and a Third
Party Provider.
NACCU may include or provide links on the Website to other websites on
the Internet, which may include information, opinions or recommendations
of various individuals, organizations or companies. In providing such
links, NACCU does not represent to you that it has investigated the
content of such information, opinions or recommendations, and does not
warrant or guarantee the accuracy of such information or necessarily
endorse any such opinions, recommendations, websites, individuals,
organizations or companies. You acknowledge and agree that NACCU has no
control over such sites and is not responsible for the availability of
such external sites. You should contact the site administrator or
Webmaster for other websites if you have any concerns regarding such
links or the content located on such other websites
Exchange of Information
In connection with using the Website, you may provide or receive
information by email. Although email is generally reliable, email can be
transmitted improperly or wrongfully intercepted. NACCU does not warrant
or guarantee that the transmission of email messages will be
uninterrupted or transmitted without error.
Disclaimer of Warranties and Limitation of Liability
THE MATERIALS ON THIS WEBSITE ARE PROVIDED TO YOU "AS IS, AS AVAILABLE."
NACCU AND ITS AGENTS AND LICENSORS DO NOT WARRANT THE ACCURACY,
TIMELINESS, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH
NACCU. NOR DO THEY GUARANTEE THAT THE WEBSITE WILL BE ERROR-FREE OR
CONTINUOUSLY AVAILABLE OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT
AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NACCU
DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE
RESULTS OF THE USE OF THE INFORMATION ON THIS WEBSITE OR IN THIRD-PARTY
SITES OR YOUR RELIANCE THEREUPON IN TERMS OF THEIR CORRECTNESS,
ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU, AND NOT NACCU
ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR
CORRECTION.
UNDER NO CIRCUMSTANCES SHALL NACCU OR ITS AFFILIATES, AGENTS OR
LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES (WHETHER
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
OTHERWISE, OR WHETHER RESULTING FROM TORT, CONTRACT OR OTHER THEORIES OF
LAW) INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES AND LOST PROFITS, IN
CONNECTION WITH, OR IN ANYWAY ARISING OUT OF, (1) THE USE OR INABILITY
TO USE THIS WEBSITE AND ITS CONTENT; (2) ANY GOODS OR SERVICES OBTAINED
THROUGH THIRD PARTIES REFERENCED OR MADE AVAILABLE ON OR THROUGH THIS
WEBSITE; (3) ANY ERRORS OR OMISSIONS IN THE CONTENT OR INFORMATION ON
THE WEBSITE; OR (4) ANY COMPUTER VIRUS OR OTHER PROGRAMMING DEVICE, EVEN
IF NACCU IS ADVISED OF THE POSSIBILITY THEREOF.
IF YOU BECOME DISSATISFIED WITH THIS WEBSITE, OR THE TERMS, CONDITIONS
OR POLICIES GOVERNING THIS WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THIS WEBSITE. THIS LIMITATION ON DAMAGES IS ESSENTIAL
TO THE AGREEMENT BETWEEN YOU AND NACCU AND THE WEBSITE WOULD NOT BE
PROVIDED FREE OF CHARGE WITHOUT SUCH LIMITATION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO PORTIONS OF THE ABOVE EXCLUSIONS
MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF NACCU, ITS
AFFILIATES, AGENTS AND LICENSORS SHALL BE LIMITED TO THE GREATEST EXTENT
PERMITTED BY LAW.
Indemnification
You agree to indemnify, defend, and hold NACCU harmless from and against
any and all claims from third parties arising out of or in any way
related to and any and all claims, losses, damages and expenses
(including attorneys' fees) resulting from your use of the Website or
breach of these terms and conditions, regardless of the form of action.
You agree that any supplier of any portion of NACCU Content is entitled
to enforce its rights against you as though that supplier is a party to
these terms and conditions.
General Terms
This Agreement, all intellectual property issues, and your rights and
obligations are governed by the laws of the United States of America and
the State of Arizona governing contracts wholly entered into and wholly
performed within Arizona and any action to enforce these terms and
conditions or in any manner related to NACCU will be brought exclusively
in the federal or state courts located in Phoenix, Arizona and you agree
to submit to the jurisdiction of such courts.
This Agreement constitutes the entire agreement between you and NACCU
with respect to the Website, and supersedes all previous written or oral
agreements with respect to such subject matter. If any inconsistency
exists between the terms of this agreement and any additional terms and
conditions posted on the Website, the terms will be interpreted as to
eliminate any inconsistency, if possible, and otherwise, the additional
terms and conditions will control. The provisions of this Agreement will
be deemed severable and the invalidity or unenforceability of any
provision will not affect the validity or enforceability of the other
provision hereof. Any provision determined to be invalid or
unenforceable will be modified, to the extent possible, to be valid and
enforceable so as to retain the intent of the parties.
Copyright Infringement
If you believe that your work has been copied in a way that constitutes
copyright infringement, please provide the NACCU’s copyright agent the
following information:
1. an electronic or
physical signature of the person authorized to act on behalf of the
owner of the copyright interest;
2. a description of the
copyrighted work that you claim has been infringed;
3. a description of where
the material that you claim is infringing is located on the Website;
4. your address, telephone
number, and email address;
5. a statement by you that
you have a good faith belief that the dispute use is not authorized by
the copyright owner, its agent, or the law;
6. a statement by you, made
under penalty of perjury, that the above information in your Notice is
accurate and that you are the copyright owner or authorized to act on
the copyright owners behalf.
NACCU’s Copyright Agent for Notice of claims of copyright infringement
can be reached at:
Copyright Agent: Lowell
Adkins
Address: 9201 N 25th
Avenue Suite 188
Telephone: 602-395-8989
Facsimile: 602-395-9090
Email: execdir@naccu.org
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