Nae Nae’s Way Online Community Terms of Use Agreement
Note: If you’re under 18, please make sure that your parent or guardian has read and agreed to these terms before you complete the registration process.
. (“NAE NAE’S WAY” or “we”), operates this site and provides the social networking tools and services that allow individual users to navigate the information provided on this site.
This Terms of Use Agreement (“Agreement”) sets forth the legally binding terms for your use of the NAE NAE’S WAY Services. By using the NAE NAE’S WAY Services, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the NAE NAE’S WAY Website, including through a mobile device, or otherwise use the NAE NAE’S WAY Services without being registered) or you are a “Member” (which means that you have created an account or are otherwise registered with NAE NAE’S WAY). The term “User” refers to a Visitor or a Member. You are only authorized to use the NAE NAE’S WAY Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and the terms of this Agreement. Please read this Agreement carefully. If you do not agree to be bound by it or with any of the legal provisions applicable to it and to follow all applicable laws, you should leave the NAE NAE’S WAY Website and discontinue use of the NAE NAE’S WAY Services immediately. If you wish to become a Member, communicate with other Members, and/or make use of the NAE NAE’S WAY Services, you must read this Agreement and indicate your acceptance during the registration process.
This Agreement includes NAE NAE’S WAY’s policy for acceptable use of the NAE NAE’S WAY Services and Content (as defined in Section 6.1 below) posted on or through the NAE NAE’S WAY Services as well as your rights, obligations, and restrictions regarding your use of the NAE NAE’S WAY Services and Content posted on or through the NAE NAE’S WAY Services. In order to participate in certain NAE NAE’S WAY Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions from NAE NAE’S WAY. Unless otherwise provided by the additional terms and conditions applicable to the NAE NAE’S WAY Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.
NAE NAE’S WAY may modify this Agreement from time to time, and such modification shall be effective upon posting by NAE NAE’S WAY on the NAE NAE’S WAY Website. Your continued use of the NAE NAE’S WAY Services after NAE NAE’S WAY posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure that you are updated as to any changes.
Please choose carefully the information that you post on or through the NAE NAE’S WAY Services and that you provide to other Users. Your NAE NAE’S WAY profile may not include any form of Prohibited Content, as outlined in Section 8 below. Despite this prohibition, information, materials, products, or services provided by other NAE NAE’S WAY Members (for instance, in their profiles) may, in whole or in part, be unauthorized, impermissible, or otherwise violate this Agreement, and NAE NAE’S WAY assumes no responsibility or liability for this material. If you become aware of misuse of the NAE NAE’S WAY Services by any person, please click on the “Contact NAE NAE’S WAY” or the “Report Abuse” link at the bottom of the NAE NAE’S WAY Website pages.
1. General. NAE NAE’S WAY has the right, but not the obligation, to monitor any activity and content associated with this site. NAE NAE’S WAY may investigate any apparent or reported violations of its policies and take any action that it, in its sole and absolute discretion, deems appropriate, including but not limited to issuing warnings; rejection of, refusal to post, or removal of any materials on the site; and/or denial, restriction, suspension, or termination of your access to any or all part(s) of the NAE NAE’S WAY Services at any time. NAE NAE’S WAY expressly reserves the right to remove, screen, or edit any content that NAE NAE’S WAY deems, in its sole and absolute discretion, to violate this Agreement or any applicable law or to be otherwise objectionable. If we receive complaints that upon investigation show that you have repeatedly violated third-party copyright, NAE NAE’S WAY may permanently suspend your registration for and use of the NAE NAE’S WAY Services. NAE NAE’S WAY may take any or all of the actions above at any time, with or without prior notice or explanation, and without liability.
2. Eligibility. Use of the NAE NAE’S WAY Services and registration to be a Member for the NAE NAE’S WAY Services (“Membership”) is void where prohibited. By using the NAE NAE’S WAY Services, you represent and warrant that (a) all registration information that you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the NAE NAE’S WAY Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning if we believe that you are under 13 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe that you are over 18 years of age and represent yourself as under 18.
3. Term. This Agreement and any posted revision to this Agreement shall remain in full force and effect while you use the NAE NAE’S WAY Services or are a Member. You may terminate your Membership at any time, for any reason, by e-mailing amy@naenaesway.org. NAE NAE’S WAY may terminate your Membership at any time for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership is terminated, this Agreement, including Sections 5 to 17, will remain in effect.
4. Use by Members. The NAE NAE’S WAY Services are for the personal use of Members only. The Services may only be used for commercial endeavors if such endeavors are specifically endorsed or authorized by NAE NAE’S WAY. NAE NAE’S WAY reserves the right to remove commercial content at its sole discretion. Illegal and/or unauthorized use of the NAE NAE’S WAY Services, including collecting usernames, user ID numbers, and/or e-mail addresses of Members by electronic or other means for the purpose of sending unsolicited e-mail or unauthorized framing of or linking to the NAE NAE’S WAY Website, or employing third-party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliated business links, and other forms of unauthorized solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. NAE NAE’S WAY reserves the right to take appropriate legal action for any illegal or unauthorized use of the NAE NAE’S WAY Services.
5. Proprietary Rights in Content on the NAE NAE’S WAY Website
5.1 NAE NAE’S WAY does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, software scripts and applications, or any other materials (collectively, “Content”) that you post on or through the NAE NAE’S WAY Services. After posting your Content to the NAE NAE’S WAY Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By displaying or publishing (“posting”) any Content on or through the NAE NAE’S WAY Services, you hereby grant to NAE NAE’S WAY a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content in furtherance of NAE NAE’S WAY’s mission and NAE NAE’S WAY’s sole and absolute discretion, including without limitation distributing part or all of the NAE NAE’S WAY Website in any media formats and through any media channels.
5.2 The license that you grant to NAE NAE’S WAY is non-exclusive (meaning that you are free to license your Content to anyone else in addition to NAE NAE’S WAY); fully paid and royalty-free (meaning that NAE NAE’S WAY is not required to pay you for the use on the NAE NAE’S WAY Services of the Content that you post); sublicensable; and worldwide (because the Internet and the NAE NAE’S WAY Services are global in reach).
5.3 By uploading or otherwise posting any Content to the NAE NAE’S WAY Website, you represent, warrant, and covenant that: (i) you own the Content posted by you on or through the NAE NAE’S WAY Services or otherwise have the right to grant the license set forth in this Section 6; (ii) the posting of your Content on or through the NAE NAE’S WAY Services does not violate any applicable laws, including but not limited to all applicable data protection laws and the privacy rights, publicity rights, intellectual property rights, copyrights, contract rights, or any other rights of any person or entity; and (iii) you have obtained the prior consent of any individuals whose personal information you use, disclose, or transmit on or through the NAE NAE’S WAY Services. You agree to pay for all royalties, fees, and any other monies owing to any person or entity by reason of any Content posted by you on or through the NAE NAE’S WAY Services.
5.4 The NAE NAE’S WAY Services contain Content of NAE NAE’S WAY (“NAE NAE’S WAY Content”). NAE NAE’S WAY Content is protected by copyright, trademark, trade secret, and other laws, and NAE NAE’S WAY owns and retains all rights in the NAE NAE’S WAY Content and the NAE NAE’S WAY Services. NAE NAE’S WAY hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the NAE NAE’S WAY Content (excluding any software code) solely for your personal use in connection with viewing the NAE NAE’S WAY Website and using the NAE NAE’S WAY Services.
5.5 The NAE NAE’S WAY Services contain Content of Users and other NAE NAE’S WAY licensors. Except as provided within this Agreement and subject to NAE NAE’S WAY’s copyright policy (viewable at NAE NAE’S WAY.org), you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the NAE NAE’S WAY Services.
5.6 NAE NAE’S WAY performs technical functions necessary to offer the NAE NAE’S WAY Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the NAE NAE’S WAY Services.
7. Content Posted.
7.1 NAE NAE’S WAY may reject, refuse to post, or delete any Content for any or no reason, including Content that in the sole judgment of NAE NAE’S WAY violates this Agreement or which may be offensive or illegal, violate the rights of any person or entity, or harm or threaten the safety of any person or entity. NAE NAE’S WAY assumes no responsibility for monitoring the NAE NAE’S WAY Services for inappropriate Content or conduct. If at any time NAE NAE’S WAY chooses, in its sole discretion, to monitor the NAE NAE’S WAY Services, NAE NAE’S WAY nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
7.2 You are solely responsible for the Content that you post on or through any of the NAE NAE’S WAY Services, any material or information that you transmit to other Members, and your interactions with other Users.
8. Content/Activity Prohibited. NAE NAE’S WAY prohibits the use of the NAE NAE’S WAY Services to post or transmit Content that is illegal or depicts illegal activity. The following are examples of the kind of Content that is illegal or prohibited to post on or through the NAE NAE’S WAY Services. NAE NAE’S WAY reserves the right to investigate and take appropriate action against anyone who, in NAE NAE’S WAY’s sole and absolute discretion, violates this provision, including, without limitation, removing the offending Content from the NAE NAE’S WAY Website, terminating the Membership of such violators, and/or reporting violators to law enforcement authorities. Prohibited Content includes, but is not limited to, Content that in the sole and absolute discretion of NAE NAE’S WAY:
8.1 is patently offensive and promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;
8.2 is derogatory toward or disparaging of NAE NAE’S WAY;
8.3 exploits people in a sexual or violent manner;
8.4 contains excessive violence or offensive subject matter or contains a link to an adult Website;
8.5 solicits personal information from anyone under 18;
8.6 publicly posts information that poses or creates a privacy or security risk to any person;
8.7 constitutes or promotes information that you know is false or misleading or that promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous;
8.8 constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
8.9 involves the transmission of “junk mail,” “chain letters,” unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
8.10 contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page);
8.11 furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
8.12 solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
8.13 involves commercial activities and/or sales such as contests, sweepstakes, barter, advertising, or pyramid schemes without prior written consent from NAE NAE’S WAY;
8.14 includes a photograph or a video of another person, in a context in which that person had a reasonable expectation of privacy, that you have posted without that person’s consent;
8.15 violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights, or any other rights of any person; or
8.16 promotes propaganda and/or symbols of organizations that are unconstitutional or illegal in your country.
The following are examples of the kind of activity that is illegal or prohibited on the NAE NAE’S WAY Website and through the use of the NAE NAE’S WAY Services. NAE NAE’S WAY reserves the right to investigate and take appropriate legal action against anyone who, in NAE NAE’S WAY’s sole and absolute discretion, violates this provision, including, without limitation, reporting such individuals to law enforcement authorities.
Prohibited activity includes but is not limited to:
8.17 criminal or tortious activity, including child pornography, corruption of minors, fraud, trafficking in obscene material, drug dealing, illegal gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, infringing others’ intellectual property rights (including but not limited to copyright, trademark, and patent infringement), or theft of trade or industrial secrets;
8.18 advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the NAE NAE’S WAY Services. You may not transmit any chain letters or junk e-mail to other Members. In order to protect our Members from such advertising or solicitation, NAE NAE’S WAY reserves the right to restrict the number of e-mails that a Member may send to other Members in any 24-hour period to a number that NAE NAE’S WAY deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk e-mail, instant messages, or other unauthorized commercial communications of any kind through the NAE NAE’S WAY Services, you acknowledge that you will have caused substantial harm to NAE NAE’S WAY but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay NAE NAE’S WAY US$50 for each such unsolicited e-mail or other unauthorized commercial communication that you send through the NAE NAE’S WAY Services;
8.19 circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the NAE NAE’S WAY Services;
8.20 activity that involves the use of viruses, bots, worms, or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or otherwise permit the unauthorized use of or access to a computer or a computer network;
8.21 covering or obscuring NAE NAE’S WAY content on your personal profile page or any NAE NAE’S WAY page via HTML/CSS or any other means;
8.22 any automated use of the system, including but not limited to using scripts to post comments or upload Content;
8.23 interfering with, disrupting, or creating an undue burden on the NAE NAE’S WAY Services or the networks or services connected to the NAE NAE’S WAY Services;
8.24 impersonating or attempting to impersonate a NAE NAE’S WAY staff member or representative or another Member, person, or entity;
8.25 using the account, username, or password of another Member at any time, disclosing your password to any third party, or permitting any third party to access your account;
8.26 selling or otherwise transferring your profile;
8.27 using any information obtained from the NAE NAE’S WAY Services in order to illegally abuse or harm another person or entity, or attempting to do the same;
8.28 displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the NAE NAE’S WAY Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose; or
8.29 using the NAE NAE’S WAY Services in a manner inconsistent with any and all applicable laws and regulations.
9. Protecting Copyrights and Other Intellectual Property. NAE NAE’S WAY respects the intellectual property rights of others, and requires that our Users do the same. You may not upload, embed, post, e-mail, transmit, or otherwise make available any material that infringes any copyright, patent, trademark, trade secret, or other proprietary rights of any person or entity. NAE NAE’S WAY has the right to terminate the Membership of infringers.
9.1. Notice of Claimed Infringement. If you believe that your work has been copied and posted on or through the NAE NAE’S WAY Services in a way that constitutes copyright infringement, please send NAE NAE’S WAY’s Copyright Agent a notification of claimed infringement with all the following information (see 17 U.S.C. 512(c)(3) for further detail): (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the NAE NAE’S WAY Services (providing the URL(s) of the claimed infringing material will in most cases satisfy this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address; (d) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf; and (f) your physical or electronic signature. NAE NAE’S WAY’s Copyright Agent for notification of claimed infringement can be reached as follows: Copyright Agent, NAE NAE’S WAY Foundation, 22287 Mulholland Hwy, #358 Calabasas, CA 91301 Attn: Copyright Agent; e-mail: amy@naenaesway.org . We may provide your notice (including any contact details displayed in the complaint) to the poster of the work. NAE NAE’S WAY accommodates tools and technologies that help facilitate copyright owners’ control over their copyrighted works.
9.2. Counter-Notification. If you believe that Content you posted on or through the NAE NAE’S WAY Services and that was removed (or to which access was disabled) is not infringing, or that you have authorization from the copyright owner or their agent or pursuant to the law to post such Content, you may send a counter-notice containing the following information to NAE NAE’S WAY’s Copyright Agent at the address above: (a) identification of the Content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled (providing the original URL(s) of the material satisfies this requirement); (b) your full name, address, telephone number, e-mail address, and the username of your NAE NAE’S WAY account; (c) a statement that, under penalty of perjury, you have a good-faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; (d) a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or Federal District Court for the District of Columbia, if your address is outside the U.S.), and a statement that you will accept service of process from the person who provided notification of the alleged infringement or their agent; and (e) your physical or electronic signature.
If a counter-notice is received by NAE NAE’S WAY’s Copyright Agent, NAE NAE’S WAY may send a copy of it to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the User who originally posted the material, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at NAE NAE’S WAY’s sole and absolute discretion.
10. Member Disputes. You are solely responsible for your interactions with other NAE NAE’S WAY Members. NAE NAE’S WAY reserves the right but has no obligation, to become involved in any way with disputes between you and other Members.
11. Privacy.
11.1 Use of the NAE NAE’S WAY Services is also governed by our privacy policy (viewable at NAE NAE’S WAY.org), which is incorporated into this Agreement by this reference.
11.2 Any Content posted by Users on or through the NAE NAE’S WAY Services will be publicly viewable on the NAE NAE’S WAY Website as soon as that information is submitted. By posting Content on or through the NAE NAE’S WAY Services, you waive any privacy expectations that you may have with respect to the Content posted.
12. Disclaimers. NAE NAE’S WAY IS NOT RESPONSIBLE FOR AND MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE USER CONTENT OR THE ACCURACY AND RELIABILITY OF THE USER CONTENT POSTED ON OR THROUGH THE NAE NAE’S WAY SERVICES, WHETHER CAUSED BY USERS OF THE NAE NAE’S WAY SERVICES OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR USED IN THE NAE NAE’S WAY SERVICES, AND SUCH USER CONTENT DOES NOT NECESSARILY REFLECT THE OPINIONS OR POLICIES OF NAE NAE’S WAY. PROFILES AND THIRD-PARTY APPLICATIONS CREATED AND POSTED BY MEMBERS ON THE NAE NAE’S WAY WEBSITE MAY CONTAIN LINKS TO OTHER WEBSITES. NAE NAE’S WAY IS NOT RESPONSIBLE FOR THE CONTENT, ACCURACY, OR OPINIONS EXPRESSED ON SUCH WEBSITES, AND SUCH WEBSITES ARE NOT NECESSARILY INVESTIGATED, MONITORED, OR CHECKED FOR ACCURACY OR COMPLETENESS BY NAE NAE’S WAY. INCLUSION OF ANY LINKED WEBSITE ON THE NAE NAE’S WAY SERVICES DOES NOT NECESSARILY IMPLY APPROVAL OR ENDORSEMENT OF THE LINKED WEBSITE BY NAE NAE’S WAY. WHEN YOU ACCESS THESE THIRD-PARTY SITES, YOU DO SO AT YOUR OWN RISK. NAE NAE’S WAY TAKES NO RESPONSIBILITY FOR THIRD-PARTY ADVERTISEMENTS OR THIRD-PARTY APPLICATIONS THAT ARE POSTED ON OR THROUGH THE NAE NAE’S WAY SERVICES, NOR DOES IT TAKE ANY RESPONSIBILITY FOR THE GOODS OR SERVICES PROVIDED BY ITS ADVERTISERS. NAE NAE’S WAY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE NAE NAE’S WAY SERVICES. NAE NAE’S WAY ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, OR ALTERATION OF ANY USER OR MEMBER COMMUNICATION. NAE NAE’S WAY IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, OR SOFTWARE OR THE FAILURE OF ANY E-MAIL OR PLAYERS BECAUSE OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE NAE NAE’S WAY SERVICES OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH THE NAE NAE’S WAY SERVICES. UNDER NO CIRCUMSTANCES SHALL NAE NAE’S WAY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE NAE NAE’S WAY SERVICES, FROM ANY USER CONTENT POSTED ON OR THROUGH THE NAE NAE’S WAY SERVICES, OR FROM THE CONDUCT OF ANY USERS OF THE NAE NAE’S WAY SERVICES, WHETHER ONLINE OR OFFLINE. THE NAE NAE’S WAY SERVICES ARE PROVIDED “AS IS” AND AS AVAILABLE, AND NAE NAE’S WAY EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NAE NAE’S WAY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE NAE NAE’S WAY SERVICES.
13. Limitation on Liability. IN NO EVENT SHALL NAE NAE’S WAY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES, ARISING FROM YOUR USE OF THE NAE NAE’S WAY SERVICES, EVEN IF NAE NAE’S WAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NAE NAE’S WAY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO NAE NAE’S WAY FOR THE NAE NAE’S WAY SERVICES DURING THE TERM OF MEMBERSHIP.
14. U.S. Export Controls. Software available in connection with the NAE NAE’S WAY Services (the “Software”) is further subject to U.S. export controls. No Software may be downloaded from the NAE NAE’S WAY Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
15. Disputes. The Agreement shall be governed by, and construed in accordance with, the laws of the Commonwealth of Virginia, without regard to its conflict of law provisions. You and NAE NAE’S WAY agree to submit to the exclusive jurisdiction and venue of the appropriate state or federal court located in the City of Alexandria, Virginia, to resolve any dispute arising out of the Agreement or the NAE NAE’S WAY Services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ANY RIGHT THAT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD-PARTY CLAIMS) ARISING OUT OF, UNDER, OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT, IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
16. Indemnity. You agree to indemnify and hold NAE NAE’S WAY, its affiliates, and their respective officers, agents, employees, successors, and assigns harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party because of or arising out of your use of the NAE NAE’S WAY Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or if any Content that you post on or through the NAE NAE’S WAY Services causes NAE NAE’S WAY to be liable to another.
17. Other. This Agreement is accepted upon your use of the NAE NAE’S WAY Website or any of the NAE NAE’S WAY Services and is further affirmed by your becoming a Member. This Agreement constitutes the entire agreement between you and NAE NAE’S WAY regarding the use of the NAE NAE’S WAY Services. The failure of NAE NAE’S WAY to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. NAE NAE’S WAY is a registered trademark of the NAE NAE’S WAY Foundation. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void, or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us at amy@naenaesway.org with any questions regarding this Agreement.