NACA Website Terms of Use

NACA Website Terms of Use

As a registered member of the NACA Online Community, you have agreed to the terms and conditions below. These Terms of Use are displayed on the member registration form and each time a member edits their profile. They are provided here on the FAQ page for reference.

Terms and Conditions

In using this website you are deemed to have read and agreed to the following terms and conditions:

Terminology. The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Member”, “User”, “You” and “Your” refers to you, the person accessing this website and accepting NACA’s terms and conditions. “NACA”, “Ourselves”, “We” and “Us”, refers to NACA. “Party”, “Parties”, or “Us”, refers to both or either only the user and ourselves. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Limited Access. The membership On-Line Community is only available to NACA’s members. NACA reserves the right to restrict access to this or other or all areas of the website. If NACA provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. NACA may disable your user ID and password in its sole discretion without notice or explanation. Notwithstanding NACA’s rights under these terms and conditions in relation to user content, does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

Definition of “User Contents, Postings and Messages”. In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
Your participation constitutes your grant to NACA, a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. NACA reserves the right to edit or remove any material submitted to this website, or stored on NACA’s servers, or hosted or published upon this website. You also grant to NACA the right to sub-license these rights, and the right to bring an action for infringement of its rights, independent of your user’s rights.

Limitations on Use. NACA reserves the right to remove inappropriate, illegal or offensive content posted by members including but not limited to the following:

Use of the website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

Use of this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

Conduct of any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without NACA’s express written consent.

Use of the website to transmit or send unsolicited commercial communications, to promote businesses or other activities and services or for any marketing purpose without NACA’s prior, express written consent.

Posted content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or a third party (in each case under any applicable law).

User must not submit any content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

User must not indicate endorsements (by NACA or other entities/businesses) of any services or goods mentioned in any user’s postings.

No Warranties.
This website is provided “as is” without any representations or warranties, express or implied. NACA makes no representations or warranties in relation to this website or the information and materials provided on this website. NACA does not warrant that this website will be constantly available, or available at all; or that the information on this website is complete, true, accurate or non-misleading. Nothing on this website constitutes, endorsement, approval or is meant to constitute, advice of any kind.

Violation of Terms of Service. Any violation of these terms of service or of NACA’s Bylaws and Code of Conduct or policies by user may result in the loss of access to the member only areas of the website and possible cancellation of NACA membership in accordance with the Bylaws. Loss of membership will result in loss of membership access to the website.

Disclaimer, Exclusions and Limitations. Postings or other messages about views and opinions do not represent NACA itself. The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, NACA is not liable for damages arising out of or in connection with use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

Copyright Notice, Logo and Other Intellectual Property Rights. Copyright and other relevant intellectual property rights exist on all text relating to NACA’s services and the full content of this website. This Company’s logo is a registered trademark of this Company and can only be used to denote NACA’s goods and services.

Disclaimer, Exclusions and Limitations.
Postings or other messages about views and opinions do not represent NACA itself. The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, NACA is not liable for damages arising out of or in connection with use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

Copyright Notice, Logo and Other Intellectual Property Rights. Copyright and other relevant intellectual property rights exist on all text relating to NACA’s services and the full content of this website. This Company’s logo is a registered trademark of this Company and can only be used to denote NACA’s goods and services.

Force Majeure. Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.

Waiver. Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

General.
The laws of Kansas and United States of America govern these terms and conditions. By accessing this website you consent to these terms and conditions and to the exclusive jurisdiction of Kansas or federal courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of NACA to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of NACA.

Notification of Changes. NACA reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms.

These terms and conditions form part of the Agreement between the Member-User and NACA. Your accessing of this website confirms your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein.