The National Association of Independent Schools ("NAIS," "we" or "us") last amended these Terms and Conditions on April 27, 2022.
Acceptance of Terms
Welcome to NAIS's web site, located at www.nais.org — "Our Site." Except as set forth below, these Terms and Conditions, which include our Privacy and Security Statement (together, "Terms") govern your use of Our Site. Please read these Terms carefully, because by visiting or using Our Site, you agree to be legally bound by and comply with them. If you do not agree to these Terms, you are not authorized to use Our Site. In addition to the Privacy and Security Statement, certain sections of Our Site, contain supplemental terms and conditions that govern your use of products and services available through those sections of Our Site. Those supplemental terms and conditions are incorporated in these Terms.
Please check these Terms regularly because we may modify them from time to time by posting the modified Terms on this page, or if we determine that it is appropriate, we may post a notice of the change on our home page. Your continued use of Our Site after we have posted amended Terms indicates that you agree to the amended Terms. If you have questions about these Terms, please feel free to contact us by sending an email to [email protected].
If you access Our Site on behalf of any organization, your organization shall be bound to these Terms and be liable for any breach by you. You represent that you have all rights, power, and authority to agree to these Terms on behalf of your organization.
Except as otherwise expressly permitted by NAIS, you are permitted to use Our Site for your (and/or your organization’s) own private, informational, non-commercial purposes only. You are also permitted to use the Career Center and Community Market features of Our Site for limited commercial purposes in accordance with the scope and functionality of such features (and, if applicable, as identified in the additional terms which apply to such features). However, notwithstanding such limited permissions, you acknowledge and agree that the features of Our Site are not intended to be used for general marketing purposes such as the advertisement of products and services without NAIS’s separate express prior written permission in each instance.
Privacy and Security Statement
Please review our Privacy and Security Statement, which is a part of these Terms and describes what information we collect when you visit Our Site, how we collect it, how we use it and the steps we take to protect it.
You may be required to register an account to use Our Site or certain features of Our Site. Each registration is for a single user only, and Your account is intended exclusively for your personal, private, individual use, unless otherwise expressly stated by NAIS.
Registration for access to and use of our Site may also require access credentials, such as a username and a password, or adherence to other access requirements as designated by NAIS in its sole discretion from time to time. You hereby agree to treat Your access credentials as confidential and not to disclose such information to any third party without the prior express written consent of NAIS, which may be granted or withheld in its sole discretion.
By submitting information to register an account or similar process on our Site, You represent and warrant that the information You submit is your own and is complete, true, accurate, and current in all respects. You must maintain and promptly update Your submitted account information to ensure that such information is complete, true, accurate, and current. NAIS reserves the right to suspend, terminate, or otherwise discontinue Your account and/or pending registration if NAIS has reasonable grounds to suspect that any information You have submitted belongs to another individual or group other than the one listed or is untrue, inaccurate, not current, or incomplete, or that Your registration, account, or use of the Site is in violation of applicable law or this TOU.
You shall immediately notify NAIS if You suspect or become aware of any loss, theft, or unauthorized use of Your login credentials. NAIS will not be liable for any loss or damage arising from Your failure (whether intentional or unintentional) to comply with these obligations.
Access to certain features, products, resources, and events on or offered through Our Site may be limited or discounted on the basis of membership status and category.
Benefits associated with School Members, Premium Subscribers, and Subscribers may only be accessed and utilized by users associated with the location/campus listed on the approved NAIS Membership or Subscriber application.
All content on Our Site is owned by NAIS or a third party and is protected by United States and international copyright laws. You may copy and distribute only a small portion of a copyrighted NAIS work contained on Our Site and solely for personal use or research in connection with non-commercial activities. If you download or print text files, images, or any other content from Our Site, you must include all trademark, copyright and other proprietary rights notices in the same form in which the notices appear on Our Site. You may not modify or alter the proprietary notices in any way. Unless otherwise indicated, you may not alter or modify any of the content that you print or download from Our Site. You may not use any content from Our Site in a manner that attributes a false or misleading statement to NAIS or any third parties.
You may not print or electronically reproduce any content from Our Site for bulk or commercial uses without first obtaining NAIS's permission. To request copyright permissions, please contact NAIS at [email protected]. NAIS member schools may print or electronically reproduce content from Our Site for distribution among school employees, staff, board members, committees or other staff related to the school unless otherwise provided.
Except for the foregoing, you may not copy, distribute, publicly display, publicly perform, modify or create derivative works of or in any way exploit or use materials on Our Site (or any computer programs and other coding) without NAIS's express prior written permission in each case.
Notice and Procedure for Making Claims of Copyright Infringement
We intend that all material posted on Our Site respect the copyright and other proprietary rights of third
parties. However, we cannot monitor the copyright ownership of all material posted on Our Site. If you believe that any material posted on Our Site infringes your copyright, then you may request the removal of those materials from Our Site in accordance with the Copyright Act, 17 U.S.C. § 512(c)(3), and the procedures described below.
A notice of infringing material that complies with the Copyright Act, 17 U.S.C. § 512(c)(3) ("Notice") must be sent to the agent below:
National Association of Independent Schools
2001 K Street NW, Suite 1150
Washington, DC 20006
To comply with the Copyright Act, your Notice must be in writing and must include the following:
When we receive a Notice that complies with the Copyright Act, we will remove the identified material immediately. We will promptly take reasonable steps to inform the user who posted the allegedly infringing material (the "alleged infringer") of the Notice and subsequent removal. The alleged infringer may then provide us with a counter-notice ("Counter-Notice) that the initial infringement notice was erroneous. Such Counter-Notice must be in writing and must include:
- A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- 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;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
- A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate and made under penalty of perjury, and that you are the owner, or authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
Upon receipt of a Counter-Notice, we will notify you of the Counter-Notice and restore the material within 10 to 14 business days of receipt of the Counter-Notice, unless you inform us that you have filed an action seeking a court order to restrain the allegedly infringing party from engaging in infringing activity relating to the material on Our Site.
- A physical or electronic signature of the alleged infringer;
- Identification of the material removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or access to it disabled as a result of error;
- The alleged infringer's name, address, and telephone number; and
- A statement of consent to jurisdiction in federal district court and that the alleged infringer consents to service of process from the complaining party or its agent.
NAIS, the NAIS logo and other NAIS indicia of source used on Our Site are owned by NAIS ("NAIS Trademarks").
The NAIS Trademarks may be used only for official NAIS business. You may not use the NAIS Trademarks in connection with any products or services that do not belong to us, or in any manner likely to cause confusion about the source of any product or service, that implies that NAIS endorses any third-party product or service, or that disparages or discredits NAIS. You may not register any domain names containing any NAIS Trademarks without NAIS's prior written consent in each case.
If you are an official NAIS member, sponsor, or other group, contact NAIS Member Services at 202-973-9700 for information regarding appropriate NAIS Trademark use. For third-party inquiries or legal questions about the NAIS Trademarks, please contact the NAIS Legal Counsel at 202-973-9716.
The following policies for Our Site's link management will help to steer third-party and internal link requests. If you have any questions about linking to Our Site, please contact the NAIS.org Communications Team at 202-973-9700.
Frames, Metatags and Links
You may not frame the content of Our Site. You may not use metatags or any other "hidden text" that incorporates NAIS Trademarks without our prior written consent. NAIS invites companies to link to Our Site but only if the link is made in good faith and is not derogatory in nature. Any link to Our Site or any of the individual web pages contained in them should open in a new browser window. Links to Our Site should be in the form of hypertext that says "NAIS" or "The National Association of Independent Schools" and does not use any NAIS logo or design unless by prior authorization. Please let us know if you link to Our Site by contacting us at [email protected].
If you link to Our Site, you agree that such links will not be used on a web site with content that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable, or in a manner that would constitute or encourage a criminal offense, violate the rights of any party, or otherwise give rise to liability or violate any law or imply NAIS's sponsorship, endorsements or approval of another party's site or activities.
Links to Third Party Sites and Services from Our Site
NAIS does not generally provide reciprocal linking (i.e., trading links), but there may be exceptions in the case of links to sites that are informational in nature. These sites may include travel, hotel, entertainment and historical sites in the areas where NAIS business or activities take place.
NAIS EXPRESSLY DISCLAIMS RESPONSIBILITY AND LIABILITY FOR ANY THIRD-PARTY MATERIALS, PROGRAMS, APPLICATIONS, TOOLS, PRODUCTS, AND SERVICES SET FORTH, DESCRIBED ON, OR ACCESSED THROUGH OUR SITE, AND YOU AGREE THAT NAIS SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF ANY DEALINGS OR COMMUNICATIONS BETWEEN YOU AND A THIRD PARTY, WHETHER OR NOT FACILITATED THROUGH OUR SITE.
Companies wishing to be listed on Our Site should contact the NAIS corporate subscription for standard rates at either 202-973-9700 or [email protected].
Conduct on Our Site
Certain sections of Our Site include listservs, communities, and other features and pages that allow users to communicate with NAIS and other users of Our Site, and/or permit users to upload, post, display, transmit, or otherwise provide certain information, content, files, or other materials to Our Site (each a “Posting” and collectively “Postings”). You hereby grant to NAIS a royalty-free, fully transferable, fully sublicensable license to use, display, copy, perform, reproduce, modify, record, distribute, and create derivative works of Postings in connection with: (i) the operation of Our Site and its features and functionalities; (ii) our development, promotion, and implementation of NAIS programs, events, and content; and (iii) our research, development, and other non-profit operations.
By uploading, posting, displaying, transmitting, or otherwise providing a Posting to Our Site for any reason, you represent and warrant that: (a) you possess all legal rights required to upload, post, display, and/or transmit each Posting and permit NAIS to use such Posting as set forth herein (including without limitation any necessary third-party license rights or required consents under applicable law); (b) each Posting is in full compliance with all applicable laws and regulations.
Opinions, advice, statements, offers, links, materials and other information in Postings through these venues are generated by the participants and do not reflect the views, policies or opinions of NAIS. NAIS is not responsible for the content of any Postings. No Postings are endorsed, adopted or published by NAIS unless explicitly stated otherwise by one of NAIS 's authorized agents acting in an official capacity.
NAIS has no obligation to pre-screen, monitor, edit, or delete Postings generated by participants in listserves or communities, but NAIS reserves the right to do so if any Postings do not comply with these Terms or are otherwise harmful, inaccurate or objectionable. NAIS is not responsible for any failure or delay in removing Postings that fail to comply with these Terms. In any event, NAIS is not responsible for your or any other user’s Postings and shall have no liability or responsibility for the quality, content, accuracy, legality, or effectiveness of any Postings.
Any complaint about copyright violations in the Postings may be made by following the procedures in these Terms under the heading "Notice and Procedure for Making Claims of Copyright Infringement." NAIS does not endorse external websites, applications, features, events, or materials that may be listed or referenced in any Postings.
When you participate in listservs or communities or otherwise submit Postings on or through Our Site for any purpose, you acknowledge and agree to the following:
Disclaimers of Warranties
- You take sole responsibility for the content of your Postings.
- You grant NAIS the non-exclusive, worldwide, royalty-free, unrestricted license (with the right to sub-license) to reproduce, distribute, publicly display and perform, adapt, translate, and modify your Postings in whole or in part in any form now known or later developed.
- You will not use Our Site to send chain letters, unsolicited advertising, or any other junk or bulk mail, or submit any Postings which constitute false advertising, false endorsement, or are otherwise fraudulent, misleading, or likely to cause consumer confusion.
- You will not impersonate or try to pass yourself off as any other person or entity.
- You will not upload, post, email, transmit or otherwise make available any information, files, code or other materials that are unlawful, tortious, defamatory, vulgar, obscene, or libelous, or that are threatening, abusive, or harassing on the basis of an individual's (or groups of individuals') religion, gender, sexual orientation, race, ethnicity, age, disability, or any other protected characteristic.
- You will not upload, post, email, transmit or otherwise make available any information, files, code or other materials that contain viruses or are able to disrupt or damage NAIS software, hardware or equipment.
- You acknowledge that your Postings are non-confidential and any ideas, inventions, or know-how disclosed in them will be available to the public.
- You represent and warrant that your Postings will not violate another person's copyright, trademark, patent, trade secret, right to privacy or publicity, or any other proprietary or personal right.
- You acknowledge and agree that NAIS has the right to delete, modify or supplement Postings at any time for any reason without notification to anyone and to ban or restrict users of Our Site or any portion thereof for any reason at any time.
OUR SITE AND THE SERVICES AND MATERIALS AVAILABLE THROUGH IT, INCLUDING BUT NOT LIMITED TO NAIS'S EMAIL SERVICE, ARE AVAILABLE "AS IS" AND "AS AVAILABLE." WE DO NOT WARRANT THAT OUR SITE OR ANY OF THE SERVICES OR MATERIALS AVAILABLE THROUGH IT WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN MATERIALS OR SERVICES AVAILABLE THROUGH OUR SITE. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY OR NON-INFRINGEMENT OF ANY CONTENT ON OUR SITE OR SERVICES AVAILABLE THROUGH IT, INCLUDING THE NAIS COMMUNITIES, OR THROUGH LINKS TO OTHER WEB SITES. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN OUR SITE AND OUR SERVICES. IF YOU RELY ON OUR SITE AND ANY MATERIALS OR SERVICES AVAILABLE THROUGH IT, YOU DO SO ENTIRELY AT YOUR OWN RISK.
TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO OUR SITE AND ANY CONTENT, INFORMATION, GOODS OR SERVICES THAT ARE AVAILABLE THROUGH IT, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THAT PURPOSE HAS BEEN DISCLOSED).
ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, "TROJAN HORSES" OR OTHER MALICIOUS CODE TO OUR SITE, WE DO NOT GUARANTEE OR WARRANT THAT OUR SITE, OR SERVICES OR MATERIALS THAT MAY BE AVAILABLE THROUGH OUR SITE, ARE FREE FROM SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES.
Limitation of Liability
NAIS AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS ARE NOT LIABLE FOR ANY CLAIM OF ANY NATURE WHATSOEVER BASED ON LOSS OR INJURY BECAUSE OF ERRORS, OMISSIONS, INTERRUPTIONS OR INACCURACIES IN OUR SITE OR ANY SERVICES OR MATERIALS AVAILABLE THROUGH OUR SITE INCLUDING LOSS OR INJURY THAT RESULTS FROM YOUR BREACH OF ANY PROVISION OF THESE TERMS.
UNDER NO CIRCUMSTANCES WILL NAIS OR ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR SITE OR SERVICES AVAILABLE THROUGH OUR SITE OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT OR ANY OTHER LEGAL OR EQUITABLE THEORY.
SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR THESE KINDS OF DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold harmless NAIS and its officers, directors, employees and agents against all liabilities, losses, damages and costs (including reasonable attorneys' fees), that NAIS may incur based on claims arising out of your violation of these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which we are entitled to indemnification. You agree to provide us with whatever cooperation we reasonably request.
Termination and Suspension
We reserve the right to deny you access to Our Site and to terminate these Terms at any time without notice for any reason, including your violation of these Terms. The following sections of these Terms survive any such termination: limitation of liability, governing law, jurisdiction and venue, the restrictions imposed on you with respect to material you download from Our Site, your license to NAIS of any content you provide to us via Our Site, warranties, indemnification, and any other provision that by its terms contemplates survival.
We further reserve the right at any time and on any grounds, including without limitation any reasonable belief of fraudulent or unlawful activity, to deny or suspend your access to Our Site or to any portion thereof in order to protect our name and goodwill, our proprietary or other legal rights, the security and stability of Our Site, and/or the rights of others.
If we suspend or terminate your access to any portion of Our Site due to your actual violation of these Terms and/or applicable law, you acknowledge and agree that you will not be entitled to any refund of fees, expenses, or other amounts paid by you in connection with your use and access thereof.
Additional Terms for Site Features
These Terms, including our Privacy and Security Statement and supplemental terms and conditions available on Our Site, are the complete agreement between us regarding your use of Our Site and are governed by the laws of the District of Columbia applicable to agreements made and completely performed there. You irrevocably agree to bring any claim or dispute relating to your use of Our Site and these Terms exclusively in the state and federal courts located in the District of Columbia, to submit to the exclusive jurisdiction of those courts, and to waive any jurisdictional, venue or inconvenient forum objections to such courts. If a court determines that any provision of these Terms is unenforceable for any reason, then that provision will be deleted and the remaining provisions will be enforceable to fullest extent permitted by law.
Please email us at [email protected] with any questions you may have about these Terms, including our Privacy and Security Statement.