Third Party Links and Advertisers
Content, goods or services may be offered by third parties through links or advertisements contained on the Site. These are offered as a convenience to Users. NCSCHA has no control over and does not endorse any third party content, goods or services. NCSCHA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES REGARDING THE CONTENT, GOODS AND SERVICES USERS MAY OBTAIN FROM THIRD PARTY PROVIDERS. USERS SHOULD LOOK SOLELY TO THE THIRD PARTY PROVIDERS FOR CLAIMS REGARDING THIRD PARTY CONTENT, GOODS AND SERVICES.
Commercial User Prohibition
This Site is for the use of individual Users only and may not be used in connection with any commercial endeavors without the express written consent of NCSCHA in advance. NCSCHA reserves the right to take appropriate legal action, including, without limitation, pursuing civil, criminal, and injunctive redress in the event that any User violates the terms of this section. Use of the Site is with the permission of NCSCHA. NCSCHA reserves the right to terminate your use of the Site at its sole discretion at any time.
Intellectual Property Rights
All text, graphics, editorial content, data, formatting, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively “Proprietary Material”) that Users see or read on the Site is owned by NCSCHA or is used with our permission. This Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. NCSCHA owns all Proprietary Material as well as the coordination, selection, arrangement and enhancement and such Proprietary Materials as a Collective Work under the United States Copyright Act, as amended. With the exception of uses allowed hereunder, Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the Site without our prior express written permission. Furthermore, Users are not allowed to post or distribute any material that they do not own, or which they do not have permission to use. As a condition of the use of the Service, you agree not to use the site to infringe upon the intellectual property rights of others in any way. In addition, the Site may contain material protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. Any use of such Proprietary Material, other than as permitted herein, is expressly prohibited without the prior permission of NCSCHA and/or relevant right holder. Violation of this policy may result in copyright, trademark or other intellectual property rights violations and liability, and subject Users to termination from the use of this Site and/or civil or criminal penalties. NCSCHA reserves the right to take these actions at any time, in its sole discretion, with or without notice, and without any liability to the User whose account is terminated or whose access is blocked.
Copyright Complaints and Copyright Agent
If you believe, in good faith, that any materials on the Site infringe upon your copyright(s,) please provide NCSCHA’s Copyright Agent with the following information:
- An electronic or physical signature of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed, including sufficient information to allow us to locate the material and explain why you think an infringement has taken place;
- A description of the location where the original or an authorized copy of the copyrighted work exists;
- Your address, telephone number, and email address;
- 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.
- A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
The NCSCHA’s Copyright Agent for Notice of Claims of Copyright Infringement can be reached at the following address by mail: 1901 S. Live Oak Parkway, Wilmington, NC 28403. NCSCHA will terminate access to the Site of those who engage in acts of infringement.
NCSCHA grants Users a nonexclusive, revocable right to use the Site provided that Users do not (i) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, (ii) modify or attempt to modify the Site in any manner or form, or (iii) violate any term in this Agreement or any other agreement contained in or set out on the Site. NCSCHA reserves all rights not specifically granted to User.
Modifications to the Site
We reserve the right in our sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Site or any content or information on the Site with or without notice to the User. Users agree that NCSCHA shall not be liable to User or any third party for any modification or discontinuance of the Site.
NCSCHA is not responsible for any delay or failure in performance of the Site in whole or in part for any reason including, without limitation: fires, floods, storms, earthquakes, civil disturbances, war, terrorism, disruption of telecommunications, transportation, utilities, services or supplies, governmental action, computer viruses, corruption of data, hacker attack, incompatible or defective equipment, software or services or otherwise.
No Liability; Indemnification
The contents of the Site are provided as general information only, and are not intended as medical advice. By accessing the information contained on the Site, you agree not to hold NCSCHA and its affiliates liable for any advice or services which originated through the Site. In no event will NCSCHA, or any affiliates, be liable to you or anyone else for any action taken by you in reliance on such information. You release NCSCHA and its affiliates from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, disclosed and undisclosed, arising out of or in any way connected with any such disputes. If you nevertheless try to involve us in a dispute, you will comply with the Governing Law provision of this Agreement and pay all of our costs and expenses, including, without limitation, reasonable legal fees.
Disclaimer of Warranties
USER EXPRESSLY AGREES THAT THE USE OF THIS SITE IS AT THE USER’S SOLE RISK. NEITHER NCSCHA NOR ITS AFFILIATES WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR THAT THE SITE WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE. NCSCHA IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE OR SERVICE. THE SITE IS PROVIDED ON AN “AS IS” AND “AS-AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, QUALITY, INTEGRATION, ACCURACY, WORKMANLIKE EFFORT, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER THE COMPANY NOR ITS LICENSORS WARRANT OR GUARANTEE THE TIMELINESS, ACCURACY OR COMPLETENESS OF THE INFORMATION APPEARING ON THE SITE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO RESULTS OF ANY USER’S USE OF THE INFORMATION AVAILABLE ON OR VIA THE SITE. NCSCHA IS NOT RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR DISRUPTION OF USER’S COMMUNICATIONS, CONTENT OR TRANSACTIONS ENTERED INTO WITH NCSCHA. NCSCHA IS NOT RESPONSIBLE FOR ANY HARASSING, DEFAMATORY, ILLEGAL OR IMPROPER CONDUCT OF THIRD PARTIES, OR FOR ANY INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS BY THIRD PARTIES. NCSCHA AND ITS AFFILILATES DO NOT WARRANT THAT THE SITE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. NCSCHA CANNOT AND DOES NOT GUARANTEE THAT THE PERSONAL INFORMATION ENTERED BY USERS WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS. USERS AGREE NOT TO HOLD NCSCHA LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY SUCH MISAPPROPRIATION, INTERCEPTION, DELETION, DESTRUCTION OR USE OF INFORMATION PROVIDED BY USERS THROUGH THE SITE. NCSCHA AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING FROM THE USE OR INABILITY TO USE THE SITE.
In the event that any User violates or exceeds the scope of this Agreement or infringes upon the proprietary rights of NCSCHA, the User agrees that NCSCHA would be irreparably harmed and may (in addition to other relief and without having to post bond) obtain a court order enjoining the User from further mischief.
Any controversy or claim arising out of or relating to an alleged breach of this Agreement or the operation of this Site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Raleigh, North Carolina and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either User or NCSCHA may seek any interim or preliminary relief from a court of competent jurisdiction in Raleigh, North Carolina, necessary to protect the rights of property for the User or NCSCHA pending the completion of arbitration.
Governing Law; General Provisions