Terms and Conditions

Last Updated: July 15, 2008

1. Your Agreement. The NCCS web site (the "Site"), is owned and operated by NCCS and is made available to you only for non-commercial, informational purposes. By accessing or using this Site you agree to these Terms and Conditions and to our Privacy Policy, as they may be modified from time to time, without limitation or qualification. If you do not agree to the Terms and Conditions and Privacy Policy, you may not use this Site.

2. Your Use of Site. Unless otherwise specified, the Site is provided to you for your personal and non-commercial use. You may not modify, copy, distribute, transmit, reproduce, publish, license or sublicense, create derivative works from, transfer, or sell any information, software, text, images, or other content of any type ("Site Content") obtained from the Site. You may display and electronically copy or download and print one (1) hard copy of the Site Content contained on the Site for your own personal, non-commercial use provided that you do not modify or delete any copyright, trademark or other proprietary notice or disclaimers. Any other use of Site Content, without the prior written permission of NCCS is prohibited. Any Site Content that you download is owned by NCCS and is provided to you by NCCS under a license that is revocable.

You may not use, store, display, publish, transmit, distribute, modify, reproduce, create derivative works of, participate in the transfer or sale of, publicly perform, or in any way exploit any of the Site Content or the User Content, in whole or in part, outside of the specific usage rights granted to you by NCCS as described in these Terms and Conditions. You may not to use the Site in any manner that interferes with our normal operations or with the use and enjoyment of another user. You agree to use the Site and the services only for their intended lawful purpose and in accordance with applicable laws.

3. Membership. Membership on the Site is available to anyone who truthfully and accurately provides all required information (including a legitimate email address) and obtains a unique username, password, and/or other registration information ("Account Information") (for users under the age of 13 please see paragraph 6 of the NCCS Privacy Policy). You agree and represent that all Account Information provided by you is accurate and up-to-date. If any of your Account Information changes, you must update it. You must be a member in order to register for programs and services or to post to one of NCCS public message boards, conversation pages, chat rooms, blogs, profile pages and other similar services or to participate in other interactive features. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Furthermore, you are strongly advised to maintain and protect your privacy by choosing carefully what personally identifiable information you include in User Content (as defined below) you post or transmit on the Site. We utilize email to communicate with our users about service-related matters; by becoming a Site member you are consenting to the receipt of these communications.

4. Posting Content on the Site. You are responsible for all content ("User Content") that you post on or transmit through the Site. You may not post or transmit any of the following: (a) copyrighted material and trademarks that are used without the express, written consent of the owner of such copyrighted material and/or trademark; (b) advertisements, promotions, solicitations or offers to sell any goods or services for any commercial purpose unless you have NCCS's express, written consent; (c) material that, in the sole discretion of NCCS, is pornographic, sexually explicit or obscene; (d) content that, in the sole discretion of NCCS, exploits children and/or minors; (e) content that discloses or contains any personally identifiable information beyond a first name about any person who appears to be under the age of 18 or that includes private, confidential information; (f) content that NCCS has reason to believe was posted for malicious or vindictive purposes, including libel, slander, defamation or harassment; (g) content that, in the sole discretion of NCCS, may be deemed grossly offensive to users of the Site, including, but not necessarily limited to, blatant expressions of bigotry, prejudice, racism, hatred or profanity; (h) content promoting or providing instructional information about illegal or illicit activities; (i) content that transmits or contains viruses, corrupted files, etc. By registering as a member of the Site, you consent to having your User Content co-mingled with advertisements and other User Content that may appear on the Site.

NCCS does not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted on NCCS public message boards, conversation pages, chat rooms, blogs, profile pages and other similar services, or otherwise contained in the Site. Any information or material placed on the Site are the views and responsibility of the User who posts the statements and do not necessarily represent the views of NCCS. You agree that NCCS is not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even material that violates these Terms and Conditions.

5. Examination of Site; Removal of Content on Site. NCCS may examine User Content on the Site from time to time and NCCS maintains the absolute right (though not the obligation) in the sole discretion of NCCS to remove any User Content that does not meet the standards listed above in paragraph 4 or that is otherwise objectionable in NCCS's sole and absolute discretion. NCCS also reserves the right to immediate terminate your access to the Site without notice or opportunity to cure if you fail to abide by these Terms and Conditions.

6. Disclaimer of Warranties. ALL CONTENT IS SUBJECT TO CHANGE AND IS PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Without limiting the foregoing, NCCS neither warrants nor represents that your use of any Site Content or User Content will not infringe the rights of any third parties nor that the Site Content or User Content will be accurate, complete or up-to-date. Additionally, with reference to any discussions, postings, news and the like that may be on the Site, NCCS assumes no responsibility or liability arising from any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, contained in any such locations on the Site.

7. Limitation of Liability. YOUR USE OF THE SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL NCCS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF NCCS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, MATERIALS, SITE CONTENT AND USER CONTENT AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Please note that some jurisdictions may not allow the exclusion of certain damages, so some of the above exclusions may not apply to you.

8. Indemnification. You agree to indemnify, defend, and hold harmless NCCS, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees and court costs resulting from: (a) any violation of these Terms and Conditions, (b) any activity related to your internet account (including, but not limited to, negligent or wrongful conduct by you or any other person accessing the Site using your internet account or computer), and/or (c) any User Content you submit or transmit through the Site in violation of these Terms and Conditions. You also agree to take sole responsibility for any royalties, fees or other monies owed to any person by reason of any User Content you post or transmit through the Site.

9. Law and Jurisdiction. These Terms and Conditions and your use of the Site are governed by the laws of the State of Michigan, USA, without regard to its choice of law provisions. The courts of general jurisdiction located within Newaygo County, Michigan, USA, will have exclusive jurisdiction over any and all disputes arising out of, relating to, or concerning these Terms and Conditions and/or the Site or in which these Terms and Conditions and/or the Site are a material fact.

10. Modification and Termination. By providing Site Content, NCCS does not promise that the Site Content will remain available to you. By using this Site, you agree to accept and abide by these Terms and Conditions. If you do not agree to accept and abide by these Terms and Conditions, do not use the Site. NCCS may revise or modify these Terms and Conditions from time to time and post such revisions or modifications on this page. If these Terms and Conditions are revised, the revised Terms and Conditions will be posted here with the date of the most recent version posted above. Continued use of the Site after any such revision or modification constitutes your acceptance of the Terms and Conditions as so revised or modified.

11. Copyright Notice. Distribution, transmission, modification, copying, reproducing, or any type of use of the Site Content for commercial or public purposes is prohibited without the express written permission of NCCS.

12. Trademark Notice. Trademarks, service marks, and logos displayed on this Site are the exclusive property of NCCS. Such trademarks may not be used without the express written consent of NCCS. Other product names may be the property of their respective owners.

13. Grant of License by You to NCCS. By posting or transmitting User Content on or through the Site, you are granting to NCCS a nonexclusive, perpetual, irrevocable, worldwide, sub licensable, royalty-free license to use, store, display, publish, transmit, transfer, distribute, reproduce, rearrange, edit, modify, aggregate your User Content with other User Content, create derivative works of and publicly perform that User Content for any purpose on and through each of the services provided by the Site or on other sites owned by NCCS or its affiliates or partners. This license shall apply to the distribution and the storage of your User Content in any form, medium, or technology now known or later developed. NCCS has the right, but not the obligation, to use your name, city and state in connection with any use of your User Content.

14. Contact Information. NCCS welcomes your comments regarding these Term and Conditions. If you have any questions, please feel free to contact NCCS:

NCCS
6308 S. Warner Avenue
PO Box 149
Fremont, MI 49412

E-mail: info@nccscares.org:
Phone (231) 924-0641
Fax: (231) 924-5594