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NAMSA

Website Terms of Use

 

AGREEMENT BETWEEN USER AND NAMSA

The NAMSA Website is comprised of various web pages, our mobile website, and any other web-based platform operated by NAMSA (collectively, the “Website”). NAMSA, together with its affiliates (hereinafter referred to as “NAMSA,” “us,” “we,” “our,” or “Company), has created the following Terms of Use to apply to all users of the Website.

The NAMSA Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. By using the NAMSA Website, you agree to be bound by the Terms of Use, including the Binding Arbitration Clause and Class Action Waiver described below, and the Privacy Policy. Your use of the NAMSA Website constitutes your agreement to the Terms of Use and the Privacy Policy.

For information related to NAMSA’s data privacy practices and data protection, please visit NAMSA’s Privacy Policy or contact NAMSA at privacy@namsa.com.

MODIFICATION OF THESE TERMS OF USE

NAMSA reserves the right to change the terms, conditions, and notices under which the NAMSA Website is offered, including but not limited to the charges associated with the use of the NAMSA Website. If we modify the Terms of Use, such changes will be effective upon posting. It is your obligation to check our current Terms of Use for any changes.

LINKS TO THIRD PARTY SITES

The NAMSA Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of NAMSA and NAMSA is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. NAMSA is not responsible for webcasting or any other form of transmission received from any Linked Site. NAMSA is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by NAMSA of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the NAMSA Website, you warrant to NAMSA that you will not use the NAMSA Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the NAMSA Website in any manner which could damage, disable, overburden, or impair the NAMSA Website or interfere with any other party’s use and enjoyment of the NAMSA Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the NAMSA Websites.

USE OF COMMUNICATION SERVICES

The NAMSA Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

NAMSA has no obligation to monitor the Communication Services. However, NAMSA reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. NAMSA reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

NAMSA reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in NAMSA’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. NAMSA does not control or endorse the content, messages or information found in any Communication Service and, therefore, NAMSA specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized NAMSA spokespersons, and their views do not necessarily reflect those of NAMSA.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO NAMSA OR POSTED AT ANY NAMSA WEBSITE

NAMSA does not claim ownership of the materials you provide to NAMSA (including feedback and suggestions) or post, upload, input or submit to any NAMSA Website or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting NAMSA, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. NAMSA is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in NAMSA’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

CHILDREN’S INFORMATION

Our Website is intended only for users over the age of eighteen (18).

We do not target to minors, who are under thirteen (13) (or a higher age threshold where applicable). You agree that you are not under thirteen (13) years of age. We do not intend to collect or process any information from anyone under the age of thirteen (13). If we become aware that a user is under thirteen (13) (or a higher age threshold where applicable) and has provided us with information, we will take steps to comply with any applicable legal requirement to remove such information. Contact us if you believe that we have mistakenly or unintentionally collected information from a person under the age of thirteen (13).

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE NAMSA WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. NAMSA AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE NAMSA WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE NAMSA WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

NAMSA AND/OR OUR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE NAMSA WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. NAMSA AND/OR OUR SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NAMSA, OUR EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SERVICE PROVIDERS, LICENSORS AND/OR OUR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE NAMSA WEBSITE, WITH THE DELAY OR INABILITY TO USE THE NAMSA WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE NAMSA WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE NAMSA WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF NAMSA OR ANY OF OUR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE NAMSA WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE NAMSA WEBSITE. IN ANY EVENT, THE AGGREGATE LIABILITY OF US AND OUR AFFILIATES AND OUR SERVICE PROVIDERS UNDER THESE TERMS OF USE SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($500.00).

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

SERVICE CONTACT : namsa.com/locations-contact

TERMINATION/ACCESS RESTRICTION

NAMSA reserves the right, in its sole discretion, to terminate your access to the NAMSA Website and the related services or any portion thereof at any time, without notice.

GOVERNING LAW

To the maximum extent permitted by law, these Terms of Use are governed by the laws of the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in San Mateo County, California, U.S.A. in all disputes arising out of or relating to the use of the NAMSA Website. Use of the NAMSA Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this paragraph.

ARBITRATION CLAUSE AND CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS

  1. Arbitration Notice

    You and NAMSA agree that if there is any dispute or claim arising from or related to the Website, these Terms of Use, and/or the Privacy Policy it will be resolved by confidential binding arbitration in San Mateo, California, rather than in court, after first giving Notice of the Dispute (“Notice”) to the other party and the opportunity to discuss resolution within thirty (30) days of such Notice. The Notice to the Company should be sent to: NAMSA, privacy@namsa.com. This Notice must include a description of the nature and basis of the claims the party is asserting, and the relief sought.

    If you and NAMSA are unable to resolve the claims described in the Notice within thirty (30) days after the Notice is sent, you or NAMSA may initiate arbitration proceedings. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the provisions of these Terms of Use as a court would. YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT.

    The Federal Arbitration Act and federal arbitration law apply and the American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.

    The arbitration shall be held in the State of California or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or us may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and us subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and us, unless the arbitrator requires otherwise.

    The arbitrator will decide the substance of all claims in accordance with the laws of the State of California, including recognized principles of equity, and will honor all claims of privilege recognized by applicable law. The arbitrator’s award shall be confidential, final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

    Notwithstanding any provision in these Terms of Use to the contrary, you and us agree that if us makes any change to this Section (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a proceeding against us prior to the effective date of the change. Moreover, if we seek to terminate this Section, any such termination shall not be effective until thirty (30) days after the version of the Terms of Use containing this Section is posted to the websites, and shall not be effective as to any claim that was filed in a proceeding against us prior to the effective date of termination.

    CLASS ACTION WAIVER: YOU AND NAMSA AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

  2. Claims and Disputes Must be Filed Within One Year

    To the extent permitted by law, and without limiting the effect of any disclaimer contained herein, any cause of action or claim you may have with respect to your use of the Website, including, without limitation, any website or mobile application or other Website-related product, services, or other content must be commenced within one (1) year after the claim or cause of action arises. This section applies to you and your heirs, successors and assigns.

SEVERABILITY

To the extent that any provision of these Terms of Use is deemed to be unlawful, void, or unenforceable, including the binding arbitration clause and class action waiver, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use. Such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION

These Terms of Use are effective until terminated. We may terminate this agreement at any time without notice to you and may deny you access to the Website.

GENERAL

Unless otherwise specified herein, these Terms of Use this agreement constitutes the entire agreement between the user and NAMSA with respect to the NAMSA Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and NAMSA with respect to the NAMSA Website. These Terms of Use are written in the English language. We do not guarantee the accuracy of any translated versions of these Terms. To the extent any translated versions of these Terms of Use conflict with the English language version, the English language version of these of Use shall control.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the NAMSA Website are: Copyright 2021 NAMSA Inc. and/or its suppliers. All rights reserved.

TRADEMARKS

All registered and unregistered trademarks visible or accessible through our Website are trademarks of NAMSA, or licensors and may not be copied, imitated, or used in whole or in part without the prior written permission of NAMSA, or its owners. All page headers, customer graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of ours or our affiliates and may not be copied, imitated or used in whole or in part without prior written permission of us.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.

HOW TO CONTACT US

Please contact NAMSA at the following contact information regarding any questions or concerns. We will use commercially reasonable efforts to promptly respond.

NAMSA World Headquarters
6750 Wales Road
Northwood, OH USA 43619
866.666.9455 (toll-free)
419.666.9455 (outside of U.S.)
privacy@namsa.com

 

Last Update: June 11, 2021