ACCEPTANCE OF TERMS
- This Web site (www.NACMEBacksMe.org/) is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this Web site constitutes your agreement to all such terms, conditions, and notices. NACMEBacksMe.org is published, maintained, and administered by the National Action Council for Minorities in Engineering, Inc. (NACME). NACME provides its service to you, subject to the following Terms of Service (“TOS”), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time by visiting www.NACMEBacksMe.org/terms.html. In addition, when using any part of NACMEBacksMe.org, you and NACME shall be subject to any additional posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
DESCRIPTION OF SERVICE
- NACME currently provides users with access to a varied collection of resources on its NACMEBacksMe.org site, including the college search and other resources (collectively referred to as the “Service”). Your acceptance of our terms indicates you also understand and agree that the Service may include advertisements. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TOS. You understand and agree that the Service is provided “as-is” and that NACME assumes no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communications or personalization settings.
YOUR REGISTRATION OBLIGATIONS
- There is currently no registration function on this Web site. Although site registration may be offered as a feature in the future, it will not be mandatory.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
- Recognizing the global nature of the internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
- You agree to indemnify and hold NACME, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of information you obtain from, or submit or transmit to the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
GENERAL PRACTICES REGARDING USE AND STORAGE
- You acknowledge that NACME may establish general practices and limits concerning use of the Service. You agree that NACME has no responsibility or liability for the deletion of or failure to store any messages and other communications or other information or data maintained or transmitted by the Service. You acknowledge that NACME reserves the right to cancel registrations that are inactive for an extended period of time. You further acknowledge that NACME reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
MODIFICATIONS TO SERVICE
- NACME reserves 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. You agree that NACME shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
- You agree that NACME, in its sole discretion, may terminate your password, registration (or any part thereof), or use of the Service, and remove and discard any information submitted by you to the Service, for any reason, including, without limitation, for lack of use or if NACME believes that you have violated or acted inconsistently with the letter or spirit of the TOS. NACME may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that NACME may immediately deactivate or delete your registration and/or bar any further access to the Service. Further, you agree that NACME shall not be liable to you or any third party for any termination of your access to the Service.
DEALINGS WITH ADVERTISERS
- Although NACME will make every reasonable effort to prescreen its advertisers, your correspondence or business dealings with, or participation in promotions of, advertisers 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 advertiser. You agree that NACME 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 advertisers on the Service.
- The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because NACME has no control over such sites and resources, you acknowledge and agree that NACME is not responsible for the availability of such external sites or resources, and does not endorse and is 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 NACME 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.
DISCLAIMER OF WARRANTIES
- You expressly understand and agree that: Your use of the Service is at your sole risk. The Service is provided on an “as-is” and “as-available” basis. NACME 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. NACME 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 will be corrected. 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. No advice or information, whether oral or written, obtained by you from NACME or through or from the Service shall create any warranty not expressly stated in the TOS.
LIMITATION OF LIABILITY
- You expressly understand and agree that NACME shall not be liable 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 NACME has been advised of the possibility of such damages), resulting from: (i) the use of or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages 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.
EXCLUSIONS AND LIMITATIONS
- Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages.
- Notices to you may be made via either e-mail or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
LOGO AND WORDMARKS
- Without NACME’s prior permission, you agree not to display or use in any manner the NACME name or logo, the NACMEBacksMe.org name or logo, or any other symbols, images, or character combinations represented in this site.
- Photos.com; ©Jason Stitt, ShutterStock.com; ©JupiterImages Corporation; ©Elena Elisseeva, ShutterStock.com; ©Digital Skillet, iStockPhoto.com; ©Frank Koester; ©Photobank.ch, Shutterstock.com.
- The TOS constitute the entire agreement between you and NACME and govern your use of the Service, superseding any prior agreements between you and NACME. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. The TOS and the relationship between you and NACME shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and NACME agree to submit to the personal and exclusive jurisdiction of the courts located within the county of New York, New York. The failure of NACME 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. 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.
FOR MORE INFORMATION
For more information on these terms, our website, or NACME, contact:
Brenda Krulik, Director, Communications
440 Hamilton Ave, Suite 302
White Plains, NY 10601-1813
(914) 539-4010 ext. 291