Terms and Conditions
Terms and Conditions of Service
- General/Use of Site
- National Association of Republicans, NAR, www.narusa.com is a Nonpartisan Organization
- Statement of Non-Affiliation
- NAR Membership Benefits and Tiers
- NAR Auto Membership Renewals
- Cancellation Policy
- Intellectual Property Rights
- Confidentiality of Proprietary Information
- Acceptable Use
- Message Board and Other Interactive Features
- Third Party Sites
- Prohibited Postings
- Registration and Passwords
- Use of Directories
- Limitation of Liability
- Other Terms
- Choice of Law/Arbitration
General/Use of Site
Thank you for visiting the National Association of Republicans, Inc., NAR, www.narusa.com.
We welcome both members and non-members to use our site. Whether you are a visitor using the public-facing site at www.narusa.com or one of our members using the members-only features, your use of this site or the Services described below indicates your acceptance of these terms.
Our TERMS AND CONDITIONS apply to all activity occurring on this website (www.narusa.com ), including all pages on the NARUSA.com domain, any related domains, third-party domains hosting NAR intellectual property, NAR bulletin boards, blogs, social networking properties, member databases, and internal or e-mail submissions, regardless of whether they are specifically referenced herein (“the Services”).
By using the Services, you warrant that (a) you are competent to understand and abide by the terms; (b) you have read and understand the terms; (c) you agree that the terms are valid; (d) you have entered into a legal agreement with National Association of Republicans, Inc., (“NAR”); and (e) you agree to abide by the terms during your use of the Services.
Please be aware that NAR may amend the terms from time to time, with all changes posted here. Your continued use of the Services further warrants that you accept any amendments NAR may make.
National Association of Republicans, NAR, www.narusa.com is a Nonpartisan Organization
NAR is a for profit, nonpartisan organization that provides a social online and face to face networking community for like- minded republicans. NAR does not endorse, support, or oppose political candidates or parties.
Statement of Non-Affiliation
NAR is not associated or affiliated with any other political association, nor with any other organization or entity except for those specifically identified in the Services provided by NAR, including the National Association of Realtors or the National Rifle Association (NRA). NAR is not associated or affiliated with Ronald Reagan properties, assets or estate. Futhermore, NAR is not affiliated with the GOP, Republican National Committee or any other political entities.
If any other individual, organization or third-party of any type represents to a user that it is somehow affiliated with NAR, the user is asked to report and/or verify this representation to NAR by contacting email@example.com.
NAR Membership Benefits and Tiers
NAR provides it’s members a wealth of benefits, services, annual newsletters and resources to promote and facilitate a social networking community where like-minded republicans can build relationships, share ideas and communicate on issues surrounding America’s future. NAR offers many tiers of memberships. At NAR our membership tiers and fee structures are constantly changing, if you would like to learn more specific information regarding fees, products and services or general information on our current membership tiers or how to become a member you can inquire at firstname.lastname@example.org.
NAR Auto Membership Renewals
All NAR memberships are annual and begin on initial date of membership purchase. For your convenience, protection and to prevent lapses in your NAR membership and ancillary benefits through our partners, NAR makes every effort to communicate its billing and renewal policies and to remind members of their authorization to automatically renew their membership. NAR will automatically renew your membership at the end of each year using the credit card initially provided. NAR will send you a reminder within 30 – 90 days before processing your membership renewal.
Many of the NAR membership services are delivered immediately upon your membership enrollment date. NAR will automatically send you a membership confirmation email, which will contain your username, and password login credentials for members to begin immediate use the service. In addition members will be included in additional benefits and services through strategic business partners of NAR.
If you wish to discontinue your membership with NAR and opt out of automatic renewal, or change your current billing method, please contact our Renewal Department at (844) 627-5646, email us: email@example.com.
Additionally, NAR’s welcome email provides a link to these Terms & Conditions and requires that you read and acknowledge them prior to using the services. NAR’s system tracks and logs your acknowledgment of the Terms & Conditions, and NAR maintains a record of your access to the Services.
NAR delivers and makes available its most important proprietary benefits and services upon initial purchase and inception of membership. However, NAR policy is to give all members in all membership tiers and 30-calendar day grace/trial period to enjoy and take advantage of NAR benefits. At any time within the 30 calendar day grace/trial period a member wishes to cancel their membership for any reason they can simply do so by email at firstname.lastname@example.org after the 30 day period no returns, credit or refunds will be issued, as all membership purchases will deemed final.
*Note- 30-calendar day grace/trial begins the day your first annual NAR membership was billed/processed and ends 30 days thereafter.
Intellectual Property Rights
(A) NAR’s Limited License to You. This Site and all the materials contained on it are our property and/or the property of our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. We provide the Site for personal noncommercial use only. You may only use this Site and the materials on it as authorized by us. You may not use this Site or the materials on it in any manner that violates the privacy rights, publicity rights, copyrights, trademark rights, patent rights, contract rights, or any other rights belonging to us or a third party. We reserve the right, at any time and without notice, to suspend, cancel, or terminate your right to use the Site (or any portion of the Site) of our standards, violation (whether repeated or not) of copyrights or any other rights belonging to us or a third party. Unless authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by e-mail or other electronic means) any material from the Site.
(B) Your License to NAR. By posting or submitting any material (including, without limitation, text, photos, and videos) to the Site, you represent and warrant: (i) that you are the owner of the material, or that the owner of the material has consented to your use; and (ii) that you are thirteen years old or older. You will be solely responsible for any damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any uploading, posting, or submission.
As a member or non member of NAR any material, either partial or whole that is submitted, you grant to us the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display it (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology. This grant shall include the right to exploit any proprietary rights in any such material. You also grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, e-mail address, or Member name, as we deem appropriate.
(C) Notice of Copyright Infringement. If you are a copyright owner who believes your copyrighted material has been reproduced, posted, or distributed via the Site in a manner that constitutes copyright infringement, please report the violation to our designated copyright agent by sending written notice by U.S. Mail to NAR, 1 Rockefeller Plaza, 10th Floor, New York, NY 10020, Attn: Corporate Counsel, or by email to email@example.com. Please note that the contact information provided in this paragraph should only be used for reporting suspected copyright infringement.
Please include the following information in your written notice:
(1) a detailed description of the copyrighted work that is allegedly infringed;
(2) a description of the location of the allegedly infringing material on the Site;
(3) your contact information, including your address, telephone number, and, if available, e-mail address;
(4) your statement that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law;
(5) your statement, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf; and
(6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.
(D) Restrictions on Linking and Framing. You may establish a hypertext link to the Site, provided that the link does not state or imply any sponsorship of your site by NAR. However, you may not frame or inline link to any of the content of the Site, or incorporate into another Web site or other service any of our material or intellectual property without the written permission of NAR.
Confidentiality of Proprietary Information
Users agree that all Proprietary Information is confidential and that the sole ownership of such information rests with NAR and shall not be transmitted in any manner without the express, written authorization of NAR. Users further agree that all Proprietary Information is trade secret-protected, in that it is independently valuable, not generally known within the industry outside of NAR and its limited licensees to whom it is provided solely in furtherance of NAR’s mission, provides NAR with a competitive advantage in the marketplace, kept secret and subject to reasonable safeguards within the NAR organization and released only to those with a need to know or in accordance with a limited license, and not subject to reverse-engineering or independent discovery or duplication without substantial expertise or by improper means.
Users specifically agree that any unauthorized use of the Proprietary Information constitutes unlawful misappropriation as defined by the Uniform Trade Secrets Act, Section 757 of the Restatement of Torts, and various state and federal statutes.
Further, users agree that their uses of the Proprietary Information under the limited license granted herein shall be solely in furtherance of the Mission. Users acknowledge that any other use of Proprietary Information, including but not limited to unauthorized copying, editing or publication to third parties, constitutes misappropriation, which may subject the offending user to civil, and/or criminal liability as well as the remedies set forth above.
Finally, users acknowledge that Proprietary Information shall not be used in any circumstances detrimental to or competitive with NAR, and that any such misuse may subject the offending user to civil and/or criminal liability as well as the remedies set forth above.
If, in NAR’s sole discretion, a user is found to be in breach of these terms, NAR reserves the right to terminate this license as well as the offending user’s membership status. NAR expressly reserves all other rights and remedies available in the event of such a breach.
Users agree that the NAR membership experience may be devalued by users who violate these Terms & Conditions to the detriment of the NAR user community. To maintain the ongoing high quality of our community, users agree to the following acceptable uses of the Services and Proprietary Information:
- To use the Services and Proprietary Information only in accordance with the Terms & Conditions
- To maintain control over the secrecy of all access information, including usernames and passwords, used to gain access to the Services and Proprietary Information
- To refrain from any activity that is detrimental to NAR members, including posting disparaging information about other members
- To comply with the Local Chapter Bylaws and Agreement in all dealings associated with Local Chapters
- To refrain from any activity that is competitive with or detrimental to NAR or any of its affiliates or partners
- To refrain from any activity identified as fraudulent or without authorization under Title 18 U.S. Code Sec. 1030, including the reproduction, duplication, copying, selling or trading of the Services or Proprietary Information; the transmission through or implementation in the Services or Proprietary Information of adware, malware or computer viruses; and/or the deletion or interruption of the Services or Proprietary Information, with the exception of the user’s personal information when done in accordance with the membership agreement
- To refrain from engaging in any inappropriate behavior with other members, and from making inappropriate posts and comments
- To refrain from any other conduct which might place NAR members or NAR itself in a negative light. If, in NAR’s sole discretion, a user is found to be in breach of these terms, NAR reserves the right to terminate this license as well as the offending user’s membership status. NAR expressly reserves all other rights and remedies available in the event of such a breach. In the event NAR terminates your membership, no money will be returned to you.
Message Boards and Other Interactive Features
This Site may include interactive features, including, but not limited to, message boards, web logs, e-mail services, and areas that allow uploading of user-generated content (the “Interactive Features”). You are responsible for any material that you post on message boards or provide through any other Interactive Features on the Site. We do not control the messages, information, or files that you or others may provide through the Site. This Site, including its Interactive Features, shall be used for lawful purposes only; you shall not:
- Engage in any conduct that, in our sole judgment, restricts or inhibits any other user from using or enjoying the Site.
- Post or transmit any material that violates our rights or the rights of others, including, without limitation, privacy rights, publicity rights, copyrights, trademark rights, patent rights, contract rights, or any other right.
- Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies, or regulations of the networks we use to provide the Site.
- Use the Site in an unlawful, threatening, or abusive manner, including without limitation, to promote racism, bigotry, hatred, or physical harm of any kind against any group or individual.
- Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining, or other illicit means.
- Obtain or attempt to obtain any materials or information not intentionally made available through this Site.
- Use the Site to post or transmit any vulgar, obscene, or otherwise objectionable information of any kind, including without limitation, any transmissions that encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
- Use the Site to post or transmit any information, software, or other material that contains a virus or other harmful component.
- Use the Site to post, transmit, or in any way exploit any information, software, or other material for commercial purposes, or that contains advertising.
- Engage in advertising or commercial solicitation of any product or service, or to solicit donations of any kind on the Site, without our written consent of NAR.
- Gather, collect, copy, distribute or scrape NAR database or member profiles for business or commercial purposes including but not limited to, names, physical addresses, phone numbers, e-mail addresses or any other personal NAR member information that has been posted by users or other users of the Site
We shall have the right, but no obligation, to monitor all content and communications of the message boards to determine compliance with this Agreement and any other operating rules we establish. We shall have the right in our sole discretion to edit, refuse to post, or remove any material submitted to or posted on the message boards or other Interactive Features of the Site. Notwithstanding this right, users shall remain solely responsible for including but not limited to the content provided within their profile, or any messages, blogs, statements, omissions or communications. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice, or statement made whether provided by NAR members, non members, our employees, or a third party.
Under no circumstances will we be liable for any loss or damage of any kind caused by reliance on information obtained through postings or any communications or Interactive Features of the Site. We are not responsible for any offensive, defamatory, or obscene posting made on any portion of the Site. We reserve the right at all times to disclose any information we believe necessary to satisfy any law, regulation, or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are inappropriate, objectionable or in violation of these Terms of Service. We also reserve the right to deny access to the Site or any features of the Site to anyone who violates these Terms of Service, or who, in our sole judgment, interferes with the ability of others to enjoy our Web site or infringes the rights of others. Neither we nor any third-party content provider shall assume or have any liability for any action or inaction by us or any third-party content provider with respect to any conduct, communication, or posting on the message boards or other Interactive Features of the Site
Third Party Sites
Our Website may contain links to other third party websites (“Third Party Sites”). NAR makes no representations about any Third Party Sites or the content there of which you may access through this Website. You acknowledge that NAR has not reviewed all of these Third Party Sites, has no control over such Third Party Sites or the content thereof, and is not responsible for any of these sites or their content. Accordingly, you acknowledge and agree that access to any Third Party Site is at your own risk and NAR shall have no liability therefor. NAR is not responsible for the accuracy, reliability or completeness of any information, data, opinions, advice or statements made on these Third Party Sites. NAR shall not be liable for any damages or injury arising out of or relating to the content of any Third Party Site or your use thereof, and same are hereby waived. NAR provides these links merely as a convenience and the inclusion of such links does not imply an endorsement, sponsorship or recommendation by NAR of anything contained on Third Party Sites, or its products or services. NAR reserves the right to terminate any link at any time.
Moreover, a Third Party Site may provide a link to this Website (“Links”). This does not indicate an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with NAR. In most cases, NAR is not aware that a third party has linked to this Website. You acknowledge and agree that NAR shall not be liable for any damages or injury arising out of or relating to your use of this Website resulting from a Link to this Site from a Third Party Site, and same are hereby waived.
NAR cannot guarantee that any of the Third Party Sites or Links will be free from any viruses, time bombs, trojan horses, worms or any other damaging computer programming routines or harmful components. Moreover, NAR does not make, and you hereby expressly waive, any and all representations and warranties with respect to the availability, use, accuracy, reliability, or the results of the use of, the Third Party Sites and the Links and same are hereby waived. Accordingly, NAR hereby disclaims all warranties, express or implied, arising by operation of law or otherwise, including, but not limited to, the warranties of merchantability, fitness for a particular purpose and warranties concerning infringement or the like, all of which are hereby waived.
NAR has invested heavily and takes pride in its customer service and organizational leadership directed at building and maintaining a positive membership community. If any user has questions, comments or concerns about NAR membership, they may be directed to firstname.lastname@example.org.
Users agree that any false, inaccurate, misleading, disparaging or otherwise defamatory statements made about NAR and/or its members would cause immediate, irreparable harm to NAR and its membership community. Therefore, users agree not to engage in any conduct which in any way communicates such statements, including by posting them to any Internet site of any kind, whether controlled by a third-party or the user. In the event any user breaches this agreement, the user further agrees to the following:
- User authorizes NAR to contact the Internet provider in control of the site on which any such statements are posted and demand immediate removal of the statements
- To the extent such statements are posted on a site controlled solely by the user, user agrees to immediately remove the statements upon notification by NAR and, should user refuse to do so, user will be responsible for NAR’s reasonable fees and expenses to seek removal of the statements
- User agrees that such statements have caused NAR and/or its membership community to suffer immediate, irreparable harm sufficient to warrant a court to award temporary injunctive relief should such relief be necessary for removal of the statements
- User agrees to cooperate in every respect with regard to the removal of such statements, including to execute any documents necessary to effect the removal If, in NAR’s sole discretion, a user is to be in breach of these terms, NAR reserves the right to terminate this license as well as the offending user’s membership status. NAR expressly reserves all other rights and remedies available in the event of such a breach.
You shall not post, display or otherwise transmit via the Website any item, link, description or information that: (i) is false, inaccurate, misleading, disparaging, defamatory, libelous or slanderous to NAR or its business or any and all of its past or present officers, directors, shareholders or other members in any form or substance whatsoever; (ii) tortuously interferes with the current and prospective contracts and relationships of NAR, its affiliates, or subsidiaries; (iii) is or may be fraudulent or involve the sale of counterfeit or stolen items; (iv) links to or provides other listings (other than the links specifically approved in writing by NAR in advance); (v) misappropriates or infringes upon the rights of any third party, including without limitation, any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (vi) violates any applicable laws, including without limitation, those governing export control, consumer protection, unfair competition, antitrust, anti-discrimination or false advertising; (vii) is or may be obscene, pornographic, indecent or unlawful, in any form or substance whatsoever; or (viii) contains any viruses, time bombs, trojan horses, worms, or other computer programming routines or harmful components that may damage or interfere with the operations of the Site or any user (collectively, “Prohibited Postings”). NAR expressly disclaims any and all liability based upon your acts or omissions with respect to the Website, including Prohibited Postings. Moreover, NAR expressly reserves the right, but does not undertake the responsibility, to monitor this Website for the contents of postings. You acknowledge and agree that NAR shall not be liable for any damages or injury resulting from such monitoring or election not to do so. To the fullest extent permitted under applicable law, you agree to defend, indemnify, and hold harmless NAR, its shareholders, directors, officers and affiliates from and against any and all liabilities, damages, losses, obligations, penalties, claims, actions, litigation, proceedings, demands, defenses, judgments, suits, costs, disbursements and expenses, including but not limited to reasonable attorney’s fees and expenses of whatsoever kind and nature, directly or indirectly arising out of, relating to, or resulting from Prohibited Postings or similar acts or omissions by you or any of your employees, consultants, agents, representatives or affiliates.
You understand and agree that informational content posted by other members including, without limitation, computer files, software, graphics, sound files and text (“User Content”), whether publicly displayed by member on the databases are the responsibility of the member from which such User Content has originated. You agree that any information you provide to NAR is and will be accurate, correct and up to date. You are fully responsible for any and all User Content that you upload, post, e-mail, transmit or submit to the databases or NAR. Under no circumstances shall NAR be held liable for any errors or omissions in any User Content.
NAR does not pre-screen uploaded, posted or transmitted User Content, but NAR reserves the right to inspect, edit and delete any content that NAR knows, or has reason to know, has violated the Terms. NAR reserves the right to immediately, and without notice, terminate the account of any member found to have violated the provisions of the Terms. NAR may use or disclose any User Content, if such disclosure is necessary to enforce the Terms Agreement, to respond to claims of intellectual property infringement, to comply with legal processes or to protect the rights of NAR, the public or other members of NAR.
NAR makes every effort to maintain the integrity of the data, which is obtained primarily from members who respond to NAR by completing an application form. However, NAR not warrant the veracity, accuracy and/or truthfulness of this data, and hereby disclaims any and all liability for any shortcomings, false information, errors or inaccuracies included on the databases, whether due to error(s) and/or omission(s) attributable to NAR and its agents or third parties.
You acknowledge that NAR is considered a “provider/user of an interactive computer service” as defined in the Communications Decency Act 47 U.S.C. §230 and therefore is immune from liability resulting from any false or inaccurate information contained on their website.
Further, NAR disclaims any responsibility and any and all liability for the contents, quality, performance or any other aspect of any information provided by it, including information found in NAR’s website, registries, databases, CD-ROMs and other products/services.
Registration and Passwords
You may need a username and password to use certain features of the Site. By registering on the Site, you agree that you will not (i) select or use a member name or e-mail address of another person with the intent to impersonate that person; (ii) use a user name or e-mail address subject to the rights of any person without authorization; (iii) use a member name in violation of the intellectual property rights of any person; or (iv) use a member name that we, in our sole discretion, deem inappropriate or offensive. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You will notify us immediately of any unauthorized use of your password or account or any other breach of security. We assume no liability for any loss or damage arising from any unauthorized use of your password or account by a third party.
Use of Directories
The information contained in any directories that may be provided on the Site is provided for visitor information only and is not to be used for marketing or telemarketing applications. This information may not be copied or redistributed and is provided “AS IS” without warranty of any kind. Neither we, nor our suppliers, will be liable in any way with regard to such information.
The Site may provide links to Web sites maintained by third parties. Any information, products, software, or services provided on or through third-party sites are controlled by the operators of such sites and not by us or our subsidiary companies. When you access these third-party sites, you do so at your own risk.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BUT NOT LIMITED TO; MESSAGE BOARDS, OR THE SERVERS THAT MAKE THE SITE AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE EXPRESSLY DISCLAIM LIABILITY FOR ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. EACH USER SPECIFICALLY ACKNOWLEDGES THAT WE ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER THIRD PARTIES, SUBSCRIBERS, MEMBERS OR OTHER USERS OF THE MESSAGE BOARDS AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH EACH USER.
WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE CORRECTNESS, ACCURACY, TIMELINESS, OR RELIABILITY OF THIS SITE OR THIRD-PARTY SITES. USE OF ANY INFORMATION ON THE SITE OR THIRD-PARTY SITES IS AT THE USER’S OWN RISK. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE.
You must provide and are solely responsible for all hardware and/or software necessary to access the Site. You assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and/or software.
Any financial information provided on the Site is for informational purposes only, and is not intended for trading or investing purposes, or for commercial use. The Site should not be used in any high-risk activities where damage or injury to persons, property, environment, finances, or business may result if an error occurs. You assume any and all risk for your use of financial information provided on the Site.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY COMPANIES, OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY COMPANIES OR AFFILIATES IS LIMITED TO THE GREATEST EXTENT THAT IT CAN BE LIMITED UNDER SUCH STATE LAW.)
IN NO EVENT WILL WE OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE OR RELATED ONLINE SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE ANY AND ALL ONLINE SERVICES ON OR OFFLINE SERVICES, OR OUT OF THE BREACH OF ANY WARRANTY.
IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. ALL NAR MEMBERSHIP TIERS ARE FULLY REFUNDABLE WITHIN 30 DAYS OF INITIAL PURCHASE OF MEMBERSHIP. IF YOU CHOSE TO TERMINATE YOUR MEMBERSHIP WITHIN THE 30-DAY TRIAL PERIOD, YOU WILL RECEIVE A FULL REFUND LESS ANY SHIPPING, HANDLING, OR PROCESSING FEES. AFTER THE 30-DAY PERIOD, NAR’S REFUND POLICY WILL HAVE EXPIRED AND NO MONIES WILL BE REFUNDED OR RETURNED.
Users agree that the Services and Proprietary Information are made available as-is, with all faults and without any express or implied warranties of any type. Users further agree that NAR is a service provider, as that term is understood under Section 230 of the Communications Decency Act. As such, users agree that NAR is immune from liability for false or misleading information contained within the Service and provided by third parties.
Users expressly waive any and all warranty claims, and NAR expressly disclaims all warranties, including:
- warranties of merchantability
- warranties of fitness for a particular purpose
- warranties related to infringement of third-party rights
- warranties related to accuracy or completeness of information provided by NAR or its member
- warranties that the Services or Proprietary Information will be free from disruption or malicious problems such as viruses
- warranties that membership in NAR or use of the Services or Proprietary Information will yield a particular business result or otherwise enhance the user’s career in any way
- warranties related to the utility, reliability or safety of third-party sites or content referenced or linked to by the Services or Proprietary Information, and NAR specifically disclaims any endorsement of or control over any content provided by any third-party source
Users agree to indemnify and hold harmless NAR from any losses, damages, claims, demands or obligations arising out of users’ breach of these Terms & Conditions. Users agree to bear sole responsibility for such breach and to remunerate NAR for any expense or burden whatsoever associated with such breach.
NAR’s maximum liability and users’ sole remedy for any cause whatsoever shall be limited to the amount of a user’s membership dues during any calendar year. NAR shall not be liable for any damages whatsoever associated with users’ membership or use of the Services or Proprietary Information or any interruption of same.
Should any term of users’ agreement with NAR be found by a court of competent jurisdiction to be unconscionable or otherwise invalid or unenforceable, all other terms shall continue in full force and effect.
Users should remain aware that not all disclaimers of warranties or of liability, or limitations on liability, are available in all jurisdictions. As such, all statements in this section may not apply to all users. Nevertheless, regardless of the jurisdiction, NAR’s liability is limited to that provided by the law of the particular jurisdiction at issue.
We may, at any time and without notice, suspend, cancel, or terminate your right to use the Site (or any portion of the Site). In the event of suspension, cancellation, or termination, you are no longer authorized to access the part of the Site affected by such suspension, cancellation, or termination. In the event of any suspension, cancellation, or termination, the restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive. No Membership fee, refunds or returns will issued in regards to suspension, cancellation or termination of annual membership after the 30-day trial period.
This agreement constitutes the entire agreement between us and you with respect to the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements, proposals, and communications, written and/or oral. You also may be subject to additional terms and conditions that may apply when you purchase and/or use the products or services of a third party that are provided on or through the Site. In the event of any conflict between any such third-party terms and conditions and these Terms of Service, these Terms of Service shall govern. If any provision of this agreement shall be found unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. The foregoing provisions of these Terms of Service are for our benefit and the benefits of our affiliates, third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly on its own behalf.
Choice of Law/Arbitration
Users agree that all disputes shall be governed by the law of New York State, without regard to any other principles, including conflicts of law, comity of nations or any United Nations convention. Any dispute arising out of NAR membership or use of the Services or Proprietary Information shall be settled by arbitration in accordance with the rules of the U.S. Arbitration Act, as administered by the American Arbitration Association. Users agree that any arbitration should be held within Nassau County, New York, before a panel of three neutral arbitrators. Further, users agree that any arbitration award in favor of users under these Terms & Conditions shall not include any consequential, exemplary, special or otherwise punitive damages unless such damages are made non-waivable by applicable statute. Finally, users agree that the result of any such arbitration shall remain confidential and subject to the entry of a suitable non-disclosure order.