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National Alliance for Youth Sports, Inc. Web Site
Acceptable Use Policy

YOU MUST ACCEPT THE TERMS OF THE ACCEPTABLE USE POLICY BEFORE USING THIS WEB SITE.

PLEASE READ THE TERMS AND CLICK EITHER ACCEPT OR DENY AT THE BOTTOM OF THIS PAGE.


Acceptance of Terms

By using this Web site, located at http://www.nays.org, or as otherwise located from time to time (hereinafter the "NAYS Site"), you agree to the terms and conditions of this Acceptable Use Policy (the "Policy"). If you do not agree with this Policy, please do not use the NAYS Site.

This NAYS Site is owned by and maintained for the National Alliance for Youth Sports, Inc., a Florida not for profit company ("NAYS").  NAYS reserves the right to modify this Policy at any time. You are encouraged to check the Policy on the NAYS Site each time you use the NAYS Site.

Your continued use of this NAYS Site after you click "I ACCEPT" below indicates you agree to the terms of the most current version of this Policy, as amended from time-to-time.

Use of the NAYS Site

You agree not to modify, publish, transmit, publicly display, participate in the transfer or sale, create derivative works, or in any way commercially exploit any of the  materials on the NAYS Site, including, but not limited to the text, messages, software, photos, video, graphics, music and sound, (collectively referred to herein as the "Content").  You further agree not to use the NAYS Site for any commercial purposes.  At any time, NAYS may change the Content or the products and services referred to within.

NAYS reserves the right to terminate your access to the NAYS Site at any time, with or without notice, in the event of your breach or anticipated breach of  this Policy or for any other reason.  [If NAYS terminates your access without cause and you paid a subscription fee under a written subscription agreement with NAYS, NAYS may adjust your account pursuant to the terms of such agreement.]

User Accounts

You may only use the portion of the NAYS Site which you have been authorized to use.  If access is password protected, you may not make this password available to others or use the password(s) of others to gain access to such areas.  Account sharing is strictly prohibited.  Accounts which have been transferred to other parties, or which show activity in violation of this condition, may be terminated without notice.  If you think you have compromised your password, you must contact NAYS immediately, in order to cancel and issue a new password.

By accessing and using the NAYS Site, you represent, covenant and warrant that all information, data and materials posted on or transmitted through the NAYS Site do not and will not violate any law or infringe on anyone else's legal rights. Furthermore, you agree not to engage, or assist others to engage, in using the NAYS Site in connection with any illegal purpose, including, but no limited to:

(i)         Attempting to interfere with or compromise the operation of the NAYS Site or intercepting, redirecting or interfering with messages or data intended for transfer to other parties;

(ii)         Accessing without authorization any computers, accounts or networks or attempting to penetrate security measures (a/k/a "hacking"), and any other activity that might be used to attempt to penetrate a system (i.e., stealth scans or other information gathering activity). 

(iii)        Engaging in any activity, posting or transmitting data or other material that infringes upon or misappropriates intellectual property rights, such as copyright, trademark, trade secret, patent, privacy, publicity, moral rights, or other personal or proprietary rights;

(iv)        Permitting use of the NAYS Site in any manner to transmit or store libelous, slanderous or defamatory statements or otherwise statements that constitute false or misleading indications of origin or statements of fact;

(v)         Permitting use of the NAYS Site as a means to threaten, offend, harass, stalk, or otherwise violate the legal rights of others;

(vi)        Transmitting or distributing information regarding the creation and sending of, files that contain a virus, worm, or Trojan Horse, or by pinging, floating, mail bombing or denial of service attacks;

(vii)       Publishing, advertising, storing, posting, or distributing child pornography, obscene or other unlawful material or information;

(viii)       Sending volumes of unsolicited e-mails or materials, commercial or otherwise (sometimes referred to as "spam").

(ix)        Advertising, transmitting or otherwise making available any software, program, product, information or service that is designed to violate this Policy, or otherwise engaging in activities, whether lawful or unlawful, that we determine to be harmful to customers, operations, reputation, goodwill, partners and/or affiliates.

Chat Rooms and Bulletin Boards

Your use of chat rooms, bulletin boards and similar areas available on the NAYS Site is subject to this Policy.  NAYS expressly reserves the right, but not the obligation, to monitor any and all use of the NAYS Site, to remove any content and to terminate your access to any and all areas of the NAYS Site.

User Grant of Limited License

User hereby grants to NAYS a worldwide, royalty-free, perpetual and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display any message or information posted on this NAYS Site (including any chat rooms, bulletin boards or similar areas) and any e-mail sent by you to NAYS, and to incorporate same in other works in any form, media or technology now known or later developed.  By submitting information to the NAYS Site you irrevocably waive, and transfer and assign to NAYS, any copyrights, "moral rights" or any other rights you may claim in such materials.

Links and International Use

NAYS has not reviewed all of the Web sites linked to or from this NAYS Site.  NAYS is not responsible for the availability of these external Web sites, nor does NAYS endorse the contents, advertising, products, services or other materials made available on or through any other Web sites.

NAYS makes no representations that the Content is appropriate or available for use in locations outside the U.S.   Your use of this NAYS Site from locations outside of the U.S. may be illegal or prohibited.  If you choose to access this NAYS Site from outside the U.S. , you do so at your own risk and are responsible for continued compliance with any local laws or regulations.

Accuracy of Information

While NAYS makes every effort to include accurate and up-to-date information on this NAYS Site, it makes no representations as to the accuracy, timeliness or completeness of that information. This NAYS Site may include publications with technical inaccuracies, omissions or typographical errors that  may be corrected as they are discovered.

Indemnification

Upon the request of NAYS, you agreed to defend, indemnify, save and hold harmless NAYS and its parents, subsidiaries or affiliates and each of the  foregoing party's, directors, officers, employees, agents, contractors, successors and assigns from all liabilities, claims, awards, expenses and judgments, including reasonable attorneys fees and cost that arise from your use or misuse of this NAYS Site in any manner.  NAYS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate fully with NAYS in asserting any available defenses, and you agree (promptly upon demand by NAYS) to reimburse NAYS for the entire amount spent by NAYS in asserting any available defense.

Privacy Policy

For more information on your privacy regarding this NAYS Site, please refer to NAYS' Privacy Policy, which may be accessed by clicking on the link.

Disclaimer of Warranties

THIS NAYS SITE AND ALL CONTENT, INCLUDED OR AVAILABLE ON THE NAYS SITE ARE PROVIDED “AS IS” AND "AS AVAILABLE" WITH ALL FAULTS.  THE CONTENT IS PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDED, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY AND ACCURACY (ALL OF WHICH ARE DISCLAIMED).  NAYS DOES NOT REPRESENT OR WARRANT THAT YOUR USE OF THE NAYS SITE WILL BE UNINTERRUPTED, ERROR FREE , SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY CONTENT IS ACCURATE OR CORRECT.   YOUR USE OF THIS NAYS SITE IS SOLELY AT YOUR OWN RISK. 

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL NAYS, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES, AND EACH OF THE FOREGOING PARTY'S DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, AND ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULTS FROM THE USE OF OR INABILITY TO USE THIS NAYS SITE .  THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITIES ARE BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF NAYS HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES.  NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE) THE ENTIRE LIABILITY OF NAYS UNDER ANY PROVISION OF THESE RULES SHALL NOT EXCEED THE PRIOR SIX (6) MONTHS OF SUBSCRIPTION FEES YOU PAID TO NAYS.  BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES NAYS'S ONLINE LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW THEREUNDER.

Copyright and Trademark Information

This NAYS Site and its Content contains copyrighted material, trademarks, and other proprietary information.  All rights, title and interest in the selection, coordination, arrangement and enhancement of the Content are specifically reserved to NAYS or its licensors.  Your internal reproduction of the NAYS Site is permitted only to the extent necessary to allow you to utilize the NAYS Site.  Permission is granted to electronically copy and print hard copies of pages from the NAYS Site solely for personal purposes, and any such copies must bear the copyright notice included on each Web page.  You may not "deep link" or frame any pages on he NAYS Site.  You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.  If you believe that any of your work has been copied and is accessible on this NAYS Site in a way that constitutes copyright infringement, please notify NAYS in writing at the address below.

You may link your Web Site to the NAYS Site.  If you wish to use a logo as a link from your web site to this NAYS Site, contact the NAYS Webmaster at webmaster@nays.org for permission.  You agree not to change or delete any proprietary notices contained as part of the NAYS Site.

National Alliance for Youth Sports, NAYS, the NAYS Site, the URL(s), as well as all related trademarks, trade names, page headers, custom graphics, buttons, images and any other Content to the NAYS Site are subject to trademark, service mark, trade dress, copyright, patent and/or other proprietary and intellectual property protections, rights or licenses held by NAYS, its subsidiaries and affiliates.  Other trademarks, product names and company names or logos used on this NAYS Site are the property of each of their respective owners.  Except as expressly authorized by NAYS in writing, the use of any trademarks, trade names, logos, images, graphics or content from the NAYS Site is strictly prohibited.

Contact Information

This NAYS Site is owned by National Alliance for Youth Sports, Inc. and the mailing address is:

2050 Vista Parkway

West Palm Beach, Florida 33411 US

You may also contact us by telephone at (561) 684-1141 or by e-mail at webmaster@nays.org.

Applicable Law and General Terms

This NAYS Site and NAYS have a physical presence in West Palm Beach, Florida, U.S.A.   By purposely accessing this NAYS Site and agreeing to this Policy, you and NAYS agree that the laws of the State of Florida and of the U.S.A. will govern all matters relating to this Policy, and the use of this NAYS Site, without giving effect to any of the conflicts of law principles thereunder.  You and NAYS also agree and hereby submit to the exclusive personal jurisdiction and venue of the federal and state Courts located in and for Palm Beach County, Florida U.S.A.  The prevailing party in any action to interpret or enforce this Policy shall be entitled to reasonable attorneys' fees and costs, in addition to any other relief entitled to it.

Any failure by NAYS to enforce any of its rights under this Policy or applicable laws shall not constitute a waiver of such rights.  If any provision of this Policy shall be deemed unlawful or unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable from this Policy and shall not affect the validity and enforceability of any remaining provisions hereunder.  This Policy contains the entire agreement between you and NAYS relating to the matters contained herein.

PLEASE INDICATE YOUR ACCEPTANCE OR REJECTION OF THIS POLICY BY CLICKING ON ONE CHOICE BELOW:

© 2001 National Alliance for Youth Sports, Inc. ALL RIGHTS RESERVED.