Terms and Conditions

Welcome to the NAIS Community Market section of the NAIS website (“NAIS.ORG”), which is operated by the National Association of Independent Schools (“NAIS” or “we”).

Acceptance of Terms and Conditions of Use
These NAIS Community Market Terms and Conditions (“Terms”) govern your use of NAIS Community Market. By using this site you are accepting these Terms and agree to abide by them. You represent that you have (and will maintain) all rights, permissions and approvals needed from other parties for you to use NAIS Community Market and to comply with these Terms.

The Terms supplement and incorporate the NAIS Terms and Conditions and NAIS Privacy Policy, provided that if there is any conflict between these Terms and the NAIS Terms and Conditions, these Terms take precedence for purposes of your use of NAIS Community Market. YOU SHOULD READ THE NAIS TERMS AND CONDITIONS CAREFULLY BECAUSE THEY INCLUDE IMPORTANT PROVISIONS ABOUT WARRANTIES, LIMITATION OF LIABILITY, INDEMNIFICATION, AND HOW (AND WHERE) DISPUTES BETWEEN YOU AND NAIS MAY BE RESOLVED. You access NAIS Community Market on your own volition and are responsible for compliance with all applicable laws, rules, and regulations with respect to your use of NAIS Community Market. If you access the NAIS Community Market on behalf of your school or other organization, your organization shall be bound to these Terms and 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.

Please check these Terms regularly because we may modify them from time to time by posting modified Terms on this page or, if we determine that it is appropriate, by giving you additional notice of the changes. If you do not agree to these Terms or any update to the Terms, you may not use or access the NAIS Community Market, and you must immediately terminate your access to this site. Your continued use of NAIS Community Market after we have posted amended Terms indicates that you agree to the amended Terms. If you have questions about the Rules, please submit a request.

User Restrictions
Only persons aged 18 years and older may use NAIS Community Market. By posting on NAIS Community Market, you represent that you are at least 18 years old. If you are not 18 years old, you may not use NAIS Community Market in any way.

Purpose of NAIS Community Market
NAIS Community Market highlights products, services, promotions, and other content for independent schools provided by members of the NAIS Supporter Program (collectively, “Supporter Content”).

Content Provided by You
The NAIS Community Market features a submission and posting process that allow you and other participants to submit Supporter Content and share text, messages, information, documents, computer files, images, videos, links, and other material related to the Supporter Content.

You must include your organization name, state, and region with each submission and this information will be publicly listed on the Community Market site. You must also include a contact name and email with each submission. Your contact name and email will not be publicly posted, but all information included in the submission form may be used in accordance with NAIS Terms and Conditions and Privacy Policy. Membership in the NAIS Supporter Program is required to post Supporter Content in the NAIS Community Market. Each time you submit a post to NAIS Community Market you will be asked to affirmatively accept and abide by these Terms.

NAIS has no obligation to pre-screen, monitor, edit, or delete Supporter Content, but NAIS reserves the right at any time to remove Supporter Content at any time for any reason in its sole discretion, including but not limited to Supporter Content that uses profane, offensive, or defamatory language, attacks individual members of a school community or other companies/organizations, or otherwise breaches practices of common online decency or otherwise fails to comply with the NAIS Terms and Conditions, NAIS Privacy Policy, or these Terms.

If you access the NAIS Community Market to submit Supporter Content on behalf of a member of the NAIS Supporter Program, you acknowledge and agree (for yourself and on behalf of the applicable member entity) that NAIS bears no responsibility, and hereby disclaims all liability, for such Supporter Content, including without limitation for any products and services referenced or described in your Supporter Content (regardless of whether the Supporter Content has been approved, edited, rejected, or removed by NAIS). You agree that you and your member entity bear sole responsibility for all Supporter Content, and that your posting of Supporter Content in the NAIS Community Market shall not be construed as any endorsement, recommendation, or guarantee by NAIS regarding the Supporter Content or any product or service described therein. You may not post any Supporter Content that attributes a false or misleading statement to, or implies a false endorsement by, NAIS, its affiliates, or any of its representatives or personnel. Notwithstanding the posting of your Supporter Content on the NAIS Community Market, you may not issue any marketing material or other public statement which implies any endorsement or approval by NAIS of your products or services, or use or display any name, brand, or trademark of NAIS, without the separate express prior written permission of NAIS in each instance.

Additionally, if you incorporate your personal information or other identifiable details about yourself into your Supporter Content, other participants will have access to that information and may be able to identify you. Because NAIS cannot guarantee the security or confidentiality of any Supporter Content, you should consider all Supporter Content you submit to be non-confidential and assume that any ideas, inventions, or know-how disclosed in it could be made available to the public.

You agree to indemnify, defend, and hold harmless NAIS and its affiliates and their respective personnel, officers, employees, agents, representatives, successors, and assigns from and against any claim, suit, or proceeding arising from a third party’s use of or access to any products or services referenced or described in your Supporter Content.

Further Guidelines Regarding Posting in NAIS Community Market
NAIS values a diversity of viewpoints and expects users of NAIS Community Market to exhibit the same level of respect for others as they would in any other professional or academic forum. Accordingly, you may not submit, upload, post, email, transit, or otherwise make available any Supporter Content that is:

• unlawful, tortious, defamatory, vulgar, obscene, or libelous, or that is threatening, hostile, harassing, or abusive on the basis of personal beliefs or characteristics;
• unauthorized, unsolicited, junk, or bulk email or other form of communication that violates any law or these Terms; or
• contains malware, time-bombs, viruses, spyware, adware, keyloggers, backdoors, Trojan horses or other harmful or malicious code, script, tools, or applications of any kind, including code that corrupts or destroys data, disrupts, damages, or disables NAIS software, hardware or equipment, provides for the unauthorized transmission of software or material to any computer, or has any other effect which the NAIS or any user of NAIS Community Market would reasonably consider undesirable.

Representations and Warranties on Copyright and other Permissions
You take sole responsibility for all Supporter Content you submit to NAIS Community Market. You represent that all Supporter Content is your (or your organization’s) own original material and/or that you otherwise have all necessary rights, permission, or authority to upload the Supporter Content in full accordance with these Terms. By posting Supporter Content, you grant NAIS the non-exclusive, perpetual, worldwide, royalty-free, unrestricted license (with the right to sub-license) to copy, reproduce, distribute, publicly display and perform, transmit, adapt, translate, modify, and create derivative works of any such Supporter Content in whole or in part and in any form now known or later developed for any internal or external purpose. You acknowledge that your submission of Supporter Content is entirely voluntary, and that all Supporter Content you upload to the NAIS Community Market (regardless of the form or media) will be subject to the foregoing license.

Representations and Warranties for Supporter Content
When submitting any Supporter Content, you represent and warrant that you have the authority and right to post such Supporter Content and that it does not (i) contain any fraudulent, defamatory, tortious, illegal, or otherwise objectionable content or material; (ii) violate any party’s copyright, trademark, patent, trade secret, right to privacy or publicity, or any other proprietary or personal right; (iii) violate any confidentiality or nondisclosure provisions to which you may be subject including, but not limited to, any obligations regarding confidential information related to the business of your employer, colleagues, customers, or others; or (iv) otherwise violate any applicable law or regulation (including without limitation any law or regulation governing false advertising, unfair competition, or consumer protection), or the rights of NAIS or other third-parties.

Limitation of Liability and Disclaimer
UNDER NO CIRCUMSTANCES, WHETHER UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER LEGAL THEORY, WILL NAIS OR ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, OR ASSIGNS BE LIABLE TO YOU FOR ANY ACTS OR OMISSIONS OF USERS OR PARTICIPANTS OF THE NAIS COMMUNITY MARKET, OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF (OR INABILITY TO USE) NAIS COMMUNITY MARKET OR YOUR USE OF OR RELIANCE ON ANY PRODUCTS, SERVICES, PROMOTIONS, INFORMATION, ADVICE, FILES, DATA, OR OTHER MATERIALS (INCLUDING ANY SUPPORTER CONTENT) OBTAINED OR RECEIVED FROM OR MADE AVAILABLE TO YOU BY THE NAIS COMMUNITY MARKET.

YOU ACKNOWLEDGE THAT SUPPORTER CONTENT IS GENERATED BY THIRD-PARTY END USERS (OR, IN THE CASE OF YOUR SUPPORTER CONTENT, BY YOU) OVER WHOM NAIS EXERCISES NO AUTHORITY OR CONTROL, THAT ALL SUPPORTER CONTENT IS MADE ACCESSIBLE TO YOU “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND (EXPRESS OR IMPLIED), AND THAT YOUR USE OF OR REFERENCE TO ANY SUPPORTER CONTENT, OR ANY PRODUCT, SERVICE, OR PROMOTION MADE AVAILABLE THEREIN OR THEREFROM, IS ENTIRELY AT YOUR OWN RISK. YOU ACKNOWLEDGE THAT NOTHING IN THE NAIS COMMUNITY MARKET SHALL CONSTITUTE ANY ENDORSEMENT OR GUARANTEE BY NAIS OF ANY PRODUCT OR SERVICE REFERENCED OR DESCRIBED IN SUPPORTER CONTENT, AND NAIS DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES REGARDING SUCH PRODUCTS AND SERVICES (EXPRESS OR IMPLIED) INCLUDING WITHOUT LIMITATION THOSE REGARDING THE PERFORMANCE, QUALITY, ACCURACY, EFFECTIVENESS, AVAILABILITY, COST, RESULTS, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF SUCH PRODUCTS AND SERVICES.

WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT THE NAIS COMMUNITY MARKET IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BE A SOURCE OF (OR AS ACT AS SUBSTITUTE FOR ANY) LEGAL, MEDICAL, TAX, OR OTHER PROFESSIONAL ADVICE, OPINIONS, OR SERVICES. IF YOU NEED PROFESSIONAL ADVICE OR SERVICES, YOU SHOULD CONSULT A QUALIFIED PERSON IN THE RELEVANT FIELD.

Copyright Infringement
Any complaint about copyright violations in Supporter Content or otherwise in NAIS Community Market may be made by following the procedures in the NAIS Terms of Use.

Sharing with Other Third Parties
Any personal information you provide to us on the post submission form (separate from the contents of the post itself) will not be released, sold, or rented to any entities or individuals outside of our organization except as noted herein and in the NAIS Privacy Policy.

Service Providers
NAIS uses third parties (“Service Providers”) to provide certain services, such as software maintenance, database maintenance, and verification, that are necessary for operating NAIS.ORG and NAIS Community Market or fulfilling your requests. These Service Providers may have access to personal information and other data that you submit to the NAIS Community Market, but only for the purpose of providing these services to NAIS. Our Service Providers are required by contract to protect the confidentiality of the personal information we share with them and to use it only to provide specific services on our behalf. For more details about how your data and information may be shared with and used by Service Providers, please consult the NAIS Privacy Policy.

Government and Legal Disclosures
We may disclose the personal information we collect through the NAIS Community Market when we, in good faith, believe disclosure is appropriate to comply with the law (or a court order or subpoena); to prevent or investigate a possible crime, such as fraud or identity theft; to enforce these Terms or the NAIS Terms and Conditions or other agreements that govern your use of the NAIS Community Market; or to protect the rights, property or safety of our association, our users, or others.

External Sites
You may occasionally be directed to third-party websites, webpages, applications, or other internet content by clicking on links provided within NAIS Community Market, including links embedded in Supporter Content (“Third-Party Content”). Third-Party Content is owned and operated entirely by the respective owners or licensors over which NAIS exercises no oversight, authority, or control. Accordingly, NAIS is not responsible for, and disclaims all liability for, all Third-Party Content. Your correspondence or any other dealings with third parties through your use of Third-Party Content are solely between you and such third party. You are advised to read the legal terms and privacy policies governing Third-Party Content before using or accessing such Third-Party Content, as third-party websites or services may have separate data and privacy practices independent of the NAIS Community Market.

Access and Revision of Your Data
You may request your posts be deleted, or submit other inquiries regarding your use of NAIS Community Market by submitting your request here or by mail to NAIS Membership, 2001 K Street NW, Suite 1150, Washington, DC 20006, or phone 202-973-9700.

Reporting Unauthorized Use
Please report any violations of these Terms to us by clicking here.