Terms of Service
1. ACCEPTANCE OF TERMS
NACRS, its officers and agents, individually, collectively, jointly or severally (hereafter referred to as "we," "us," "our," "NACRS," or the "Trust Organization") welcomes you. We provide information, materials, products and services to you, subject to the following Terms of Service (the "TOS"), which may be updated or modified by us from time to time without notice to User/Buyer/Purchaser/Trader/Exchanger/Obtainer/Client (hereafter referred to as "you," "your"). You can review the most current version of the TOS at any time at http://www.nacrs.org/tos.html. In addition, when using our particular products and services, you and we shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules (including but not limited to our Legal Disclaimer and Privacy Policy) are hereby incorporated by reference into the TOS. We may also offer other services that are governed by different Terms of Service to be determined at our discretion.
2. DESCRIPTION OF PRODUCTS AND SERVICES
We provide you with highly specialized products and services including but not limited to a variety of information, learning materials, procedures, preparation, and branded forms and documents through our network of properties which may be obtained or accessed through any various medium, device, or method now known or hereafter developed (the "Service"). You also understand and agree that the Service may include communication with you necessary for us to provide you with the Service. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the development or release of new properties, shall be subject to the TOS.
3. APPLICATION FOR PRODUCTS AND SERVICES
Application Data and certain other information about you are subject to our Privacy Policy. For more information, see our full privacy policy at http://www.nacrs.org/privacypolicy.html. You understand that through your use of the Service you consent to the collection and use of this information (as set forth in the Privacy Policy).
4. INDEMNITY
You agree to be fully responsible for the success or failure of any of the information, materials, products and services provided by us. You assume full and total liability for any and all acts done based upon said information, materials, products and services. You further agree to indemnify and hold us, our officers, agents, or other relatives harmless from any and all claims, legal actions, orders, warrants, judgments, demands, liabilities, losses, depositions, summonses, lawsuits, reasonable attorneys' fees, costs, fines, liens, levies, penalties, damages, interests, and expenses whatsoever, both absolute and contingent, as are due and as might become due, now existing and as might hereafter arise, and as might be suffered or incurred by, as well as imposed on, you for any reason, purpose, and cause whatsoever due to, arising out of, or in connection with your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any laws or rights of another. You further expressly covenant and agree that we shall not under any circumstance, nor in any manner whatsoever, be considered an accomplice, accessory, or a party (including but not limited to either directly, indirectly, or collaterally) to any and all acts done by you.
5. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion, aspect, or element of the Service whatsoever, use of the Service, or access to the Service.
6. MODIFICATIONS TO SERVICE AND RIGHT OF REFUSAL
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. We also reserve the right to rescind, cancel, or terminate any contract or agreement with or without prior notice. We also reserve the right to refuse to do business, provide the Service, or otherwise contract with you with or without showing cause or justification. You agree that we shall not be liable to you or to any third party for any modification, suspension, discontinuance or refusal of the Service.
7. DEALINGS WITH THIRD PARTIES
Your correspondence or business dealings with, or participation in promotions of, third parties found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Service.
8. LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because We have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
9. NACRS' PRIVATE RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain exclusive, private, proprietary, and copyrighted information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in the Service or Software or information presented to you through the Service or Software is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by us or our licensees, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
We grant you a personal, non-transferable and non-exclusive right and license to use the Service and object code of the Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, analyze the principal components or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Service or Software. You agree not to modify the Service or Software in any manner or form, or to use modified versions of the Service or Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by us for use in obtaining or accessing the Service.
10. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON A "CASE-BY-CASE" AND INDIVIDUALIZED BASIS. NACRS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. NACRS MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICE OR SOFTWARE WILL BE CORRECTED OR CORRECTED FREE-OF-CHARGE.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e. THE SERVICE IS NOT FOR EVERYONE. A SMALL PERCENTAGE OF USERS MAY FIND THE SERVICE OR SOFTWARE TO BE AGAINST THEIR PERSONAL CONSCIENCE. CERTAIN PORTIONS, ASPECTS, OR ELEMENTS OF THE SERVICE MAY INDUCE PREVIOUSLY UNKNOWN FEARS OR DISCOMFORT EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR FEARS OR DISCOMFORT. IF YOU ARE UNSURE ABOUT, IGNORANT OF, OR UPSET BY CERTAIN INFORMATION OR KNOWLEDGE ACCESSIBLE THROUGH NACRS, THEN YOU MAY WISH TO CONDUCT YOUR OWN INDEPENDENT RESEARCH BEFORE USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT A PROFESSIONAL IF YOU EXPERIENCE ANY OF ADVERSE EFFECTS OR HAVE ANY LEGAL QUESTIONS OR NEED LEGAL, ACCOUNTING OR OTHER PROFESSIONAL ADVICE WHILE USING THE SERVICE.
11. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU 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 NACRS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR COMMUNICATIONS RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. YOU FURTHER EXPRESSLY UNDERSTAND AND AGREE THAT THE PROPERTY AND FUNDS OF THE TRUST ORGANIZATION ONLY ARE LIABLE FOR ANY AND ALL CONTRACT, FINANCIAL OR OTHER OBLIGATIONS; INDIVIDUAL TRUSTEE(S), TRUST OFFICER(S), CONTRACTOR(S), INTEREST-HOLDER(S), AUTHORIZED REPRESENTATIVE(S), SOLICITOR(S) AND AGENT(S) ARE NOT PERSONALLY LIABLE.
12. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
"Let the investor beware". The Service is provided for informational purposes only, and no content included in the Service is intended for trading or investing purposes. We and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.
13. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.
14. NOTICE
We will not provide you with notices, including those regarding changes to the TOS, by either email, regular mail, or otherwise, other than in the manner stated in section 1 of this Agreement.
15. TRADENAME AND TRADEMARK INFORMATION
The NACRS trade-name, NACRS logo, NACRS coat-of-arms, Commercial Process, Express Trust and nacrs.org trademarks and service-marks, other NACRS logos and product and service names are trademarks of NACRS (the "NACRS Marks"). Without NACRS's prior express written permission, you agree not to display or use in any manner, the NACRS Marks.
16. GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and us and governs your use of the Service, superseding any prior agreements between you and us with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other of our products, services, third-party content, or third-party software.
Choice of Law and Forum. The TOS and the relationship between you and us shall be governed by the general common law of contracts, the general law merchant (general common law in America), and law of nations, and not the laws of any particular State, United States or any political subdivision of United States, or any particular Nation, without regard to any conflict of law provisions. You and we agree to submit to the personal and exclusive jurisdiction of the original district court for the United States, district of Nevada (sic) the location of which to be determined by the circuit rider for said court in the state of Nevada.
Waiver and Severability of Terms. Our failure to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your contracts with us are non-transferable and any rights to the Service terminate upon your death. Upon receipt of a copy of a death certificate, your contracts may be terminated and all personal information kept during the contract permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
