Last Updated: March 11, 2021
THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT WHICH LIMITS YOUR RIGHTS TO BRING AN ACTION IN COURT, BRING A CLASS ACTION, AND HAVE DISPUTES DECIDED BY A JUDGE OR JURY, AS WELL AS PROVISIONS THAT LIMIT OUR LIABILITY TO YOU.
To view the NATACS Services Terms and Conditions, which, in addition to this TOU, govern our provision of certain services to our business clients, click here.
What’s Contained in this Agreement
- Highlights of the Agreement
- Our Intellectual Property Rights
- Your Authorized Use of the Site
- Other Policies
- Limitation of Liability
- Disputes, Arbitration and Class Action Waiver
- Changes to this Agreement
- New Jersey Residents
- Contacting Us
- All the Content on our Site is protected by intellectual property rights―you may only make limited use of the Content you find on our Site, as described below.
- We reserve the right to block you from using our Site. We may do so if, without limitation, we determine that you are using the Site in violation of any section of this Agreement.
Your Use of The Site:
- You are solely responsible for verifying that all information that you submit to, obtain, download or use from the Site is accurate and correct. We have not investigated and do not guarantee the accuracy of the information that you submit, obtain, download or use in connection with the Site. We are not responsible for damages arising from failure to verify the information you submit, obtain, download or use in connection with our Site.
- You acknowledge that, if and when you provide an attestation in connection with your use of the Site, you may be required to do so under Title 18 United States Code Section 1001, which criminalizes knowingly making false or fraudulent statements or representations, punishable by up to 8 years in prison. You agree that you will not knowingly provide or attest to false or fraudulent statements in connection with the use of our Site.
- You must not attempt to bypass security protections on our Site, introduce viruses or other harmful code or use our Site to attack other website or services.
- If you register for an account through our Site, you must keep your password confidential and not allow other people to use your account.
Other Things to Know:
- By using the Site, you consent to the terms of this Agreement, which may be updated by us from time to time without advance notice.
- This Agreement contains limitations on our liability to you, important disclaimers of warranties and indemnification obligations by you.
- This Agreement governs how disputes will be handled, including using arbitration with a class action waiver.
- This Agreement contains information about how you can contact us regarding complaints, questions or copyright infringement claims.
Please read the complete Agreement below
Our Intellectual Property Rights
All names, logos, text, designs, graphics, trade dress, characters, interfaces, code, software, images, sounds, videos, photographs and other content appearing in or on the Site (the “Content”) are protected intellectual property of, or used with permission or under license by, our Company. Such Content may be protected by copyright, trademark, patent or other proprietary rights and laws. This includes the entire Content of the Site. All intellectual property rights associated with the Site, and related goodwill, are proprietary to us or our licensors. You do not acquire any right, title or interest in any Content by accessing or using the Site. Any rights not expressly granted herein are reserved. Except as set forth below, the use of any Content available on the Site is strictly prohibited.
We grant you a limited license to access and use the Site and its Content for personal and informational purposes. No Content from the Site may be copied, reproduced, republished, performed, displayed, downloaded, posted, transmitted, or distributed in any way without our written permission, except that you may download or print copies of the documents made available through your account.
We grant you a limited right to create text hyperlinks to the Site for informational purposes, provided such links do not portray us in a false, misleading, derogatory or otherwise defamatory manner and provided that the linking Site does not contain any material that is unlawful, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar, obscene, hateful, pornographic, spam, discriminatory, violative of privacy or publicity rights, infringing of intellectual property or other proprietary rights, or otherwise objectionable in our sole discretion, including unauthorized or unsolicited advertising. Additionally, notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Site’s root directory, we grant to the operators of public search engines permission to use spiders to copy Content from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such Content, but not caches or archives of such Content. We may revoke these permissions at any time.
Your Authorized Use of the Site
While using the Site, you are required to comply with all applicable statutes, orders, regulations, rules and other laws. You may not use the Site for any fraudulent or unlawful purpose, and you may not take any action to interfere with the Site or any other party’s use of the Site. You may not:
- Reproduce, duplicate, copy, publicly display, frame, mirror, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site;
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site, or express or imply that we endorse or have verified any statement you make or information that you provide through use of the Site;
- Knowingly attest to false or fraudulent information in connection with the use of the Site.
- Violate, or attempt to violate, the security of the Site;
- Disseminate on the Site any viruses, worms, spyware, adware, or other malicious computer code, file or program that is harmful or invasive or is intended to damage or hijack the operation of, or monitor the use of, any hardware, software or equipment;
- Use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the Site or to collect any information from the Site or any other user of the Site; or
- Assist or permit any persons in violating this Agreement or other applicable laws or rules governing the use of the Site.
In general, certain features of the Site are available only to users who have registered for an account with NATACS through the Site (“Registered Users”). You may not allow other people to use your account credentials to access the Site. You agree that you are responsible for all activities that occur under your Registered User account, and for maintaining the confidentiality of your password and restricting access to your computer so others may not access the Site in violation of this Agreement.
You agree, represent and warrant that any information you submit through the Site is truthful, accurate, not misleading and offered in good faith, and that you have the right to transmit such information. You agree that you are responsible for verifying the accuracy of such information. You agree that you will not knowingly provide or attest to false information in connection with your use of the Site. You must accurately maintain and update any information about yourself that you have provided or submitted to us.
You agree to notify us of any unauthorized use of your Registered User username, log-in ID, password or any other breach of security that you become aware of involving or relating to the Site by contacting us as soon as possible. We reserve the right to take all actions we deem necessary or reasonable to maintain the security of the Site and your account, including without limitation, terminating your account, changing your password or requesting information to verify activity on your account (including reasonable requests for proof of identity).
WE EXPLICITLY DISCLAIM LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES (“DAMAGES”) ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION, INCLUDING LIABILITY FOR DAMAGES INCURRED BY A THIRD PARTY. NATACS IS NOT RESPONSIBLE FOR DAMAGES ARISING OR RESULTING FROM INACCURATE, FALSE OR MISLEADING INFORMATION SUBMITTED BY YOU THROUGH YOUR USE OF THE SITE, INCLUDING LIABILITY FOR DAMAGES INCURRED BY THIRD PARTIES.
The Site may allow you to access download certain information, Content, applications, software, and other materials. NATACS makes no representation that such download will be error or malware free or fit for a particular purpose.
NATACS IS NOT RESPONSIBLE FOR DAMAGES ARISING OR RESULTING FROM INACCURATE, FALSE OR MISLEADING INFORMATION OBTAINED, DOWNLOADED OR USED IN CONNECTION WITH THE SITE, INCLUDING LIABILITY FOR DAMAGES INCURRED BY THIRD PARTIES.
This Agreement applies exclusively to your access to, and use of, the Site and does not alter in any way the terms or conditions of any other agreement you may have with us.
The Site and this Agreement are in effect until terminated by you or us. You may terminate this Agreement by providing written notice of termination, including your detailed contact information and any account information or other Site credentials, to us using the information in the Contact Us section. In addition to any right or remedy that may be available to us under applicable law, we may suspend, limit, or terminate all or a portion of this Agreement or your access to the Site or any of its features at any time with or without notice and with or without cause, including without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement.
The provisions of this Agreement concerning protection of intellectual property rights, authorized use, disclaimers, limitations of liability, indemnity, and disputes, as well as any other provisions that by their nature should survive, shall survive any such termination.
You agree that if your use of the Site is terminated pursuant to this Agreement, you will not attempt to use the Site under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you indemnify and hold us harmless from all liability that we may incur therefore. We fully reserve the right to prosecute all violators of the law.
Limitation of Liability
IN ADDITION TO ALL OTHER DISCLAIMERS OF LIABILITY HEREUNDER, WE AND OUR AFFILIATES, SUBSIDIARIES, DIVISIONS AND RELATED COMPANIES AS WELL AS OUR AGENTS, SUPPLIERS, AND SERVICE PROVIDERS (COLLECTIVELY, THE “RELEASEES”) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THE SITE, THE SITE CONTENT OR EXTERNAL LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES ARISING FROM INACCURACIES, ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, OR ANY COMPUTER VIRUS OR FAILURE. RELEASEES WILL ALSO NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF DATA OR PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. RELEASEES ALSO SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD PARTY. REGARDLESS OF THE PREVIOUS SENTENCES, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO $5,000.
In addition to any other indemnification obligations hereunder, you agree to indemnify, defend and hold us and the Releasees and all of our directors, officers, employees, agents and contractors harmless from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses (collectively, “Claims”) that arise directly or indirectly out of or from (i) your breach of any provision of this Agreement; and (ii) your activities in connection with the Site. For the avoidance of doubt, and without limitation, you agree to indemnify, defend and hold us and the Releasees and all of our directors, officers, employees, agents and contractors harmless from and against any and all Claims arising from (i) false or inaccurate information provided, submitted or attested to by you in connection with your use of the site, and (ii) your failure to verify information submitted, obtained, downloaded or used in connection with the use of the Site.
Consent to Communication
Disputes, Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. YOU MAY CHOOSE TO BE REPRESENTED BY A LAWYER IN ARBITRATION OR PROCEED WITHOUT ONE. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
No Class Actions: YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
Seeking Arbitration: If you elect to seek arbitration or file a small claim court action, you must first send to us, by certified mail, a written notice of your claim (“Notice”). The Notice to us must be addressed to: NATA Compliance Services, 9400 Gateway Drive, Suite D, Reno, NV 89521. If we initiate arbitration, we will send a written Notice to an email address you have previously provided to us, if available. We may also use any other means to contact you, including a message in your Account. A Notice, whether sent by you or by us, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If you and we do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or us may commence an arbitration proceeding or file a claim in small claims court. Arbitration forms can be downloaded from www.jamsadr.com. If you are required to pay a filing fee, after we receive Notice that you have commenced arbitration, we will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000 or the arbitrator determines the claims are frivolous, in which event you will be responsible for filing fees.
Hearing: If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video hearing, or by an in-person hearing as established by the JAMS Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the JAMS Rules. In the event that the arbitration will be conducted solely on the basis of submitted documents, the arbitrator’s decision and award will be made and delivered within six (6) months of the selection of the arbitrator, unless extended by the arbitrator. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules.
Award: In the event arbitration awards you damages of an amount at least $100 greater than our last documented settlement offer, we will pay your awarded damages or $2,500, whichever is greater.
Injunctive Relief: Notwithstanding the foregoing, you and we both agree that you or we may sue in court to enjoin infringement or other misuse of intellectual property rights or in other scenarios where injunctive relief is appropriate. In the event a court or arbitrator having jurisdiction finds any portion of this Agreement unenforceable, that portion shall not be effective and the remainder of the Agreement shall remain effective. No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
Confidentiality: The parties shall maintain the confidential nature of the arbitration proceeding and the Award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
Governing Law and Rules: This Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of Florida, exclusive of conflict or choice of law rules. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). In any arbitration arising out of or related to this Agreement, the arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. In any arbitration arising out of or related to this Agreement, the arbitrator may not award any incidental, indirect or consequential damages, including damages for lost profits. The parties adopt and agree to implement the JAMS Optional Arbitration Appeal Procedure (as it exists on the effective date of this Agreement) with respect to any final award in an arbitration arising out of or related to this Agreement.
If any term or provision of this Agreement is held to be void, illegal, unenforceable or in conflict with any law of a federal, state, or local government having jurisdiction over this Agreement, the validity of the remaining portions or provisions of the Agreement will not be affected thereby.
New Jersey Residents
If you are a consumer residing in New Jersey, the following provisions of this Agreement do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) Limitation of Liability; (b) Indemnity; and (c) under Disputes, the Arbitration and Class Action Waiver and the governing law provisions (solely to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law). According to N.J.S.A. 56:12-16, you may have additional rights if you are a New Jersey resident and other provisions of this Agreement are found to violate an established legal right.
Changes to this Agreement
We may revise or otherwise change or update this Agreement from time to time. We will use reasonable efforts to notify you of such changes. However, please check the “Last Updated” legend at the top of this page to see when this Agreement was last revised. When changes are made to this Agreement they will become immediately effective when published on this page unless otherwise noted. We encourage you to periodically review this Agreement―there may have been changes to our policies that may affect you. If you do not agree to the Agreement as modified, then you must discontinue your use of our Site. Your continued use of the Site will signify your continued agreement to this Agreement as revised. We will make reasonable efforts to notify you of material changes to this Agreement. Such efforts might include posting notice on the Site, an email to the address we have on file, or a message in your Account.
We may assign this Agreement at any time with or without notice to you. You may not assign or sublicense this Agreement or any of your rights or obligations under this Agreement without our prior written consent.
If you have questions about this Agreement, or if you have technical questions about the operation of the Site, please contact us by writing us at:
Address: 9400 Gateway Drive, Suite D, Reno, NV 89521
Additionally, under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254.