Terms of Use

NATIONAL MERIT SCHOLARSHIP CORPORATION

Terms of Use Agreement


National Merit Scholarship Corporation ("NMSC") owns and operates this website, together with any other websites, ("Sites") owned and operated by NMSC. This agreement contains the terms and conditions upon which you may access and use the Sites and the information and materials found on the Sites ("Terms of Use"). This agreement also incorporates the NMSC Privacy Policy, which is applicable to your use of the Sites and can be found at http://www.nationalmerit.org/privacy.

(1) ACCEPTANCE OF TERMS

By accessing, viewing, or using any of the Sites, you indicate that you understand and intend the Terms of Use and Privacy Policy to be the legal equivalent of a signed, written contract and equally binding, and that you accept the Terms of Use as set forth in this agreement and agree to be legally bound by them. At all times, you are bound by the then-current versions of the Terms of Use and Privacy Policy and all applicable laws. NMSC reserves the right to amend the Terms of Use and Privacy Policy at any time, and all amended terms will automatically take effect when they are posted on the Sites. You agree to periodically review the Terms of Use and Privacy Policy and your continued use of the Sites following reasonable notice of any such changes will be conclusively deemed acceptance of such changes.

In addition, when using NMSC-owned or -operated services, you may be subject to additional restrictions, terms and conditions, guidelines or rules ("Additional Terms") applicable to such scholarships or services, which may be posted from time to time on the applicable portions of the Sites. All such Additional Terms are hereby incorporated by reference into the Terms of Use. In the event of any conflict between any Additional Terms and the Terms of Use, such Additional Terms shall control solely with respect to the applicable scholarships or services.

(2) LOGIN AND PASSWORDS

In connection with your use of the Sites, you may receive a user ID and password to access certain portions and services of the Sites. You are responsible for maintaining the confidentiality of such user ID, password, and account. You are also fully responsible for all activities that occur under your user ID, password and account. You, and/or your parents or legal guardians, agree to (a) not share or disclose your user ID, password, account, or secure access procedure; (b) immediately notify NMSC of any threatened or actual unauthorized use of your user ID, password and account or any other breach of security; and (c) log off at the end of each session. NMSC shall not be liable for any loss or damage arising from your failure to comply with the provisions in this Section.

(3) ENFORCING SECURITY; TERM AND TERMINATION; MODIFICATIONS

Actual or attempted unauthorized use or access of the Sites (or any portion thereof, including any other account) may result in criminal and/or civil prosecution. For your protection, NMSC reserves the right to view, monitor, and record activity on the Sites without notice or further permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on the Sites. NMSC will also comply with all court orders involving requests for such information.

NMSC reserves the right at any time and for any reason to deny you access to the Sites or any portion thereof, and to terminate this agreement. Termination will be effective without notice. NMSC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites and/or any information or services provided in connection with the Sites, with or without notice. You agree that NMSC will not be liable to you or to any third party for any modification, suspension, or discontinuance of service.

The Terms of Use relating to security, term/termination and modifications (Section 3); intellectual property rights (Section 4); indemnification (Section 8), warranty disclaimer (Section 9), limitation of liability (Section 10), no guarantee of scholarship (Section 11), and choice of law/venue (Section 13) shall survive termination.

(4) INTELLECTUAL PROPERTY RIGHTS; LICENSE GRANT

The Sites are owned by NMSC and are protected by United States intellectual property laws (including trademark or copyright laws) and international treaty provisions. All content, including but not limited to text, graphics, audio and video, information, products, services, documentation, software, downloads, trademarks, service marks, trade names, logos, and icons provided by NMSC or featured on the Sites are proprietary to NMSC or its licensors. Unless otherwise indicated, the content of the Sites are © 2010, National Merit Scholarship Corporation, All Rights Reserved. NMSC also owns copyright rights in each of the Sites as a collective work and/or compilation, and in any and all databases accessible on or through the Sites. Nothing contained on the Sites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, service mark, logo or trade name (collectively, "Trademarks") displayed or featured on the Sites without the written permission of NMSC or such third party that may own the Trademarks displayed on the Sites.

NMSC grants to you a personal, revocable, nonexclusive, nontransferable license to use the Sites conditioned on your continued compliance with the Terms of Use and Privacy Policy. Limited portions of the content on the Sites may be accessed, printed and downloaded by you on an occasional basis for your own personal, non-commercial use. You may not under any circumstances copy, print or download in any medium all or substantially all of the entire content of the Sites. Unless and except as otherwise expressly permitted by the Terms of Use, you may not access, copy, reproduce, modify, create derivative works of, alter, publicly distribute, republish, upload, post, transmit, publicly perform or display, license, transfer, sell, mirror, frame, "deep link," "scrape," data mine, or otherwise use any information or material obtained from or through the Sites, without written permission from NMSC. You may not remove any copyright notices or other notices of intellectual property rights from the Sites or any content available on or through the Sites. Any unauthorized use of the Sites (or any portion thereof) will terminate the permission granted by this license and may violate applicable laws, including copyright law, trademark laws, and commercial regulations and statutes.

(5) CONDITIONS OF USE; ASSUMPTION OF RISK

You agree not to use any of the Sites for any purpose that is unlawful or prohibited by the Terms of Use, including but not limited to attempting or actually (a) committing a criminal offense or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise violate any local, state, federal, or international law or regulation, including but not limited to export control laws and regulations governing the transmission, export, retransmission, or re-export of technical data from the United States; (b) disrupting, impairing or otherwise interfering with the operation or integrity of the Sites or circumventing any of the Sites security systems; (c) imposing an unreasonable load on the Sites infrastructure or infecting it with viruses, worms, or other malicious computer programs upload; (d) reverse engineering or decompiling the software comprising the Sites; (e) accessing the Sites or any portion of the Sites without authorization or in a way that exceeds your authorization; (f) collecting any information about other users of the Sites; (g) systematically extracting data contained in the Sites to populate databases for internal or external use; (h) altering, damaging, or deleting any of the Sites content or otherwise disrupting, interfering or otherwise negatively affecting the ability of others to access or use the Sites; (i) claiming a relationship with or speak for any individual, business, association, institution, or other organization for which you are not authorized to claim such a relationship (including but not limited to NMSC); (j) providing false or misleading personal information or email addresses, or impersonate any other person or entity; (k) harming minors in any way; (l) stalking or otherwise harassing another person; and/or; (m) uploading, posting, e-mailing, or otherwise transmitting any (i) material that is unlawful, threatening, libelous, harassing, defamatory, vulgar, obscene, pornographic, profane, invasive of another's privacy, hateful, or ethnically, racially, or otherwise objectionable, (ii) material that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any person, or (iii) unsolicited advertising, promotional materials, or other forms of solicitation to other users including, without limitation, "junk mail," "spam," "chain letters," or "pyramid schemes". You use the Internet solely at your own risk and are subject to all applicable local, state, national, and international laws and regulations. Although NMSC takes measures to create secure and reliable Sites for users, the security and/or reliability of any communication or material transmitted to/from the Sites cannot be guaranteed. Accordingly, you acknowledge and agree that NMSC will not be liable for any unauthorized access to any information accessed or transmitted via the Sites or the Internet, the accuracy of the information contained on the Sites, or for the consequences of any reliance on such information. NMSC shall have no liability for interruptions or omissions in Internet, equipment, network or hosting services. You assume the sole and complete risk of using the Sites.

(6) USER SUBMISSIONS

Any ideas, suggestions, information, know-how, material, or any other content (collectively "Submissions") received by NMSC through the Sites will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for NMSC to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, display (in whole or part) worldwide, or act on such Submissions without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Submissions. You expressly acknowledge and agree that you waive any claim to the contrary. NMSC may but will not be obligated to use, and/or provide any author attributions related to, any Submissions. Any use of Submissions by NMSC will be subject to NMSC's Privacy Policy. Please review the Privacy Policy for a summary of NMSC's personal data collection and use practices with respect to the Sites. By using the Sites, you consent to NMSC's collection and use of personal data and information as outlined in the Privacy Policy.

(7) LINKS

NMSC may provide, or third parties may provide, links to other World Wide Web sites or resources. Links to other web sites or Internet locations from the Sites have been provided for your convenience only. NMSC does not endorse, sponsor, or approve of any content of such web sites or locations, and any descriptions of, references to, or links to other products, publications or services does not imply endorsements of any kind, unless expressly stated by NMSC. NMSC has no control over such web sites and resources. Accordingly, NMSC expressly disclaims any responsibility for the availability of such external sites or resources, the privacy policies and information collection practices, the content, the accuracy of the information, and/or quality of products or services provided by or advertised on these third-party web sites. NMSC expressly disclaims any liability, whether direct or indirect, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any of the foregoing. If you access any other web site or Internet location through the Sites, you do so at your own risk. If you believe that any link on the Sites leads to an illegal, offensive, inappropriate, or unavailable/non-existent website, please contact NMSC by telephone, directly at (847) 866-5100. You may not create a link from your web site or any other Internet location to any of the Sites without prior written permission of NMSC. Deep linking to internal pages of the Site is expressly prohibited.

(8) INDEMNIFICATION

You agree to indemnify and hold NMSC, its directors, officers, legal representatives, agents, partners, employees, successors and assigns, harmless from and against any claim or demand, including reasonable attorneys' fees and amounts paid to settle claims or demands, made by any third party due to or arising out of your use of the Sites, or any breach of the Terms of Use, the Privacy Policy, and/or any Additional Terms.

(9) DISCLAIMER OF WARRANTIES

THE SITES AND ANY CONTENT AVAILABLE ON OR THROUGH THE SITES, INCLUDING ANY SOFTWARE, IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NMSC DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, EXPRESSED OR IMPLIED, RELATING TO THE SITES AND ANY CONTENT AVAILABLE ON OR THROUGH THE SITES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES AND REPRESENTATIONS OF NONINFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEM INTEGRATION, OR DATA ACCURACY. ALTHOUGH NMSC WISHES THE SITES AND THE CONTENT OF THE SITES TO BE ACCURATE, COMPLETE, AND CURRENT, NMSC DOES NOT WARRANT OR REPRESENT THAT THE SITE OR ANY CONTENT AVAILABLE ON OR THROUGH THE SITES (INCLUDING ANY SOFTWARE) IS ACCURATE, ERROR-FREE, COMPLETE, OR CURRENT, THAT USE OF THE SITES OR SUCH CONTENT WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES, THE CONTENT, AND THE SERVERS ON WHICH THE SITES AND CONTENT ARE AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, NMSC DISCLAIMS ANY OBLIGATION TO MAINTAIN THE SITES OR KEEP THEM OPERATIONAL. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THESE EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART. YOU ASSUME THE SOLE RISK OF MAKING USE OF THE SITES AND THE CONTENT AVAILABLE ON OR THROUGH THE SITES.

(10) LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL NMSC BE LIABLE TO YOU OR ANY OTHER PERSON OR BUSINESS ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OR LOSSES BASED ON OR CAUSED BY ANY USE OF THE SITES OR ANY OTHER WEB SITE TO WHICH THE SITES ARE LINKED, THE CONTENT OF THE SITES OR OTHER WEB SITES, OR ANY VIRUSES OR OTHER HARMFUL COMPONENTS DERIVED FROM THE SITES OR ANY OTHER WEB SITES, INCLUDING WITHOUT LIMITATION ANY LOSS OF PRESENT OR PROSPECTIVE PROFITS, REVENUE, OR USE, BUSINESS INTERRUPTION, OR LOSS OF COMPUTER PROGRAMS, DATA, OR INFORMATION, EVEN IF NMSC HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN LIABILITIES, SO THESE EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.

(11) NO GUARANTEE OF SCHOLARSHIP

Applicants understand and agree that NMSC does not guarantee that scholarship applicants will actually receive a scholarship, or that any current scholarship recipient will continue to receive a scholarship.

(12) NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

NMSC respects the intellectual property of others, and we ask users of the Sites to do the same. NMSC may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who infringe the rights of third parties, or whom NMSC has a reasonable basis to believe infringe the rights of third parties. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact NMSC at the address below with a description of the copyrighted work or other intellectual property that you claim has been infringed, and where the material that you claim is infringing is located on the Sites.

National Merit Scholarship Corporation
1560 Sherman Avenue
Suite 200
Evanston, Illinois 60201-4897
Telephone: (847) 866-5100
Fax: (847) 866-5115

(13) CHOICE OF LAW AND VENUE

All disputes arising out of or relating to the Terms of Use or NMSC's operation of the Sites shall be governed by and construed under the laws of the State of Illinois, without reference to any conflicts of law or other principles of any jurisdiction which would result in the application of any law other than the laws of the State of Illinois. You and NMSC hereby consent to the exclusive jurisdiction of the state and federal courts located in Cook County, Illinois, in any action arising out of or relating to the Terms of Use or NMSC's operation of the Sites, and agree that any action arising out of or relating to the Terms of Use or NMSC's operation of the Sites will be maintained in the same jurisdiction. Neither the U.N. Convention on Contracts for the International Sale of Goods, nor the Uniform Computer Information Transactions Act ("UCITA"), as enacted in the State of Illinois or in any other State or Commonwealth of the United States, shall apply to the Terms of Use.

NMSC controls and operates the Sites from Cook County, Illinois and makes no representation or warranty that the content of the Sites is appropriate, lawful, or available for use in other geographic locations. If you use the Sites from other locations, you are responsible for compliance with all applicable local laws.

(14) NATURE OF RELATIONSHIP

No joint venture, partnership, employment, or agency relationship exists between you and NMSC as a result of the Terms of Use or use of the Sites.

(15) ENTIRE AGREEMENT; NO WAIVER

The Terms of Use, together with the Privacy Policy and any applicable Additional Terms, constitute the entire agreement between you and NMSC relating to your access to or use of any material available on or through the Sites, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and NMSC with respect to same. Any rights not expressly granted in the Terms of Use are reserved. If any portion of this agreement is found to be unlawful, inoperative, invalid, or unenforceable in a particular circumstance or inapplicable to a particular person or entity by a court of competent jurisdiction, such finding shall neither render such provision unlawful, inoperative, invalid, or unenforceable in any other circumstance or inapplicable to any other person or other entity, nor render any other provision of this agreement unlawful, inoperative, invalid, unenforceable, or inapplicable.

The failure of NMSC to enforce any provision of the Terms of Use or to respond to a breach of the Terms of Use by you or other persons shall not in any way constitute a waiver of NMSC's rights to enforce any provision of the Terms of Use against you or any other person at any time.

(16) NOTICES

NMSC may give notices to users of the Sites, at NMSC's option, by posting a message on the Sites, by e-mail, or by regular mail. Notices to NMSC can be sent to National Merit Scholarship Corporation, 1560 Sherman Avenue, Suite 200, Evanston, Illinois 60201-4897

 

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