NHSFCA

National High School Football Coaches Alliance

Terms and Conditions

ACCEPTANCE OF TERMS OF USE

National High School Football Coaches Alliance, LLC (“NHSFCA” or “we”), provides its on-line services to you, the User, through the www.nhsfca.com website (whether operated as a domain or subdomain) (collectively referred to as the “Site”), subject to this Terms of Service Agreement (“Agreement”). These services include, but are not limited to, online information regarding, and access to, NHSFCA’s web network, applications for smart phones and/or tablets, online tools, downloadable programs, and on-line communities and message boards (the “Services”). NHSFCA reserves the right to alter this Agreement at any time without notice to User. By using the Site, you represent and warrant that you have the right, authority and capacity to consent to this Agreement in its entirety and you expressly agree to comply with and be bound by the following Terms of Service (the “Terms”) and NHSFCA’s Privacy Policy, as well as all applicable laws and regulations. IF YOU DO NOT AGREE WITH THE TERMS OR THE PRIVACY POLICY, YOU ARE NOT AUTHORIZED TO USE THE SITE.

Certain portions of the Site may be subject to registration, processing and fees and/or subject to additional terms of service. You are responsible for promptly paying those fees to ensure your right to access the applicable portions of the Site and/or the applicable Services. You are solely responsible for providing any hardware, systems and software programs needed to access the Site, and for any associated fees, charges and expenses. For example, you are required to obtain at your own cost a compatible personal computer, smart phone, tablet or other device, an Internet access plan from a service provider and a valid email address. By using the site, you acknowledge that location-based services may be used, however your consent will always be obtained prior to using such location data.

EFFECTIVE

This Policy was last modified on January 29, 2019.

LIMITED LICENSE

Everything that you read or see on the Site is copyrighted or otherwise protected and owned by NHSFCA or a third party who licensed or granted to NHSFCA the right to use such material. Unless otherwise expressly noted, nothing that you read or see on the Site may be copied or used except as provided in this Agreement or with the prior written approval of NHSFCA.

We grant you permission to print individual pages from the Site, unless otherwise expressly noted, for your own personal, noncommercial use in learning about, evaluating or purchasing the services or products offered on the Site. No other permission is granted to you to print, copy, reproduce, distribute, license, transfer, sell, transmit, upload, download, store, display in public, alter, modify or create derivative works of these materials. This grant of permission is not a transfer of title, and under this permission you may not:

  • use the materials for any commercial purpose, or for any public display (commercial or noncommercial);
  • remove any copyright, trademark or other proprietary notations from the materials; or
  • transfer the materials to another person or “mirror” the materials on any other server.

We make no warranties or representations to you that your use of any materials displayed on the Site will not infringe the rights of third parties.

COPYRIGHT COMPLAINTS

We respect the intellectual property of others, and we ask our content partners and users to do the same. If you believe that your copyrighted work has been impermissibly copied or used and is accessible on the Site in a way that constitutes copyright infringement, you may notify NHSFCA by providing NHSFCA’s copyright agent the following information:

  • An electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf.
  • A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
  • Identification of the location where the original or an authorized copy of the work exists, for example the URL (i.e., web page address) where it is posted or the name of the magazine in which it has been published.
  • Identification of the URL or other specific location where the material that you claim is infringing is located, including enough information to allow us to locate the material.
  • Your name, address, telephone number and e-mail 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 the penalty of perjury that the above information in your notice is correct and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

NHSFCA’s agent for notice of claims of copyright infringement on the Site can be reached as follows:

National High School Football Coaches Alliance LLC
Attn: General Counsel
45 N Pennsylvania Street, Suite 700
Indianapolis, IN 46204

THIRD PARTY WEB SITES

NHSFCA may provide links and pointers to Internet sites maintained by others (“third party sites”). NHSFCA has not reviewed all of the third party sites linked to the Site and is not responsible for the content of or any products or services offered in such third-party sites. NHSFCA takes no responsibility for your dealings with, including any on-line or other purchases from, any third party sites. USAFB shall not be liable for any loss or damage incurred by you in your dealings with third party sites.

USER CONTENT

NHSFCA may provide interactive areas on the Site in which you may post communications. All information (including your member name or user name), data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not NHSFCA, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Site. NHSFCA does not control the Content posted via the Site and, as such, does not guarantee the accuracy, integrity or quality of such Content. By using the Site, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will NHSFCA be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Site. The internet has no geographical boundaries, and you therefore shall comply with all local rules regarding online conduct and acceptable Content. Specifically, you shall comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

NHSFCA does not claim ownership of any Content submitted and/or posted by you on the Site. However, by submitting and/or posting any Content to the Site, you grant us a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such Content. You also permit any subscriber to access, display, view, store and reproduce such content for personal use.

In consideration of being allowed to use the interactive areas and the Site, you agree not to: impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of NHSFCA; use an inappropriate member name of any kind; target or harm minors in anyway; forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site; upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” or any other form of solicitation; upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges; interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; “stalk” or otherwise harass another; Accessing, or attempting to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of NHSFCA’s or another entity’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data; Infringement of intellectual property rights or other proprietary rights including, but not limited to, material protected by copyright, trademark, patent, trade secret, or other proprietary rights of any third party; and/or collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs above.

The foregoing actions shall constitute a material breach of this Agreement. NHSFCA reserves the right to delete any Content, postings or member names that violate the above terms and will cooperate fully with any law enforcement officials and/or agencies in the investigation of any violator or violators, up to and including complete and immediate termination of your registration and/or accounts with NHSFCA. NHSFCA and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Site. Without limiting the foregoing, NHSFCA and its designees shall have the right to remove any Content that violates this Agreement or is otherwise objectionable. You must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you may not rely on any Content created by NHSFCA or submitted to NHSFCA, including without limitation information in any message boards on the Site and in all other parts of the Site.

NHSFCA may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of NHSFCA, its users and the public.

SUBMITTED INFORMATION

If you submit any information to us, including any comments, remarks, suggestions, ideas, notes, drawings, graphics, concepts, recipes, or other information, you are giving that information, and all your rights in it, to NHSFCA free of charge, and that information will be treated as non-confidential and non-proprietary and may be used by NHSFCA for any purpose, without your consent or any compensation to you or anyone else. This is true whether you submit such information to us by e-mail, through a form on the Site, on a bulletin board, or in any other manner.

Through your usage of the Site, you may submit and/or NHSFCA may gather certain limited information about you and your web site usage. NHSFCA is free to use such information for any purpose it deems appropriate, including marketing purposes.

Digital Millennium Copyright Act DMCA Take down Procedures

If you as the owner or agent of a copyright believe there is infringing media on our website, please send an email to abuse@usafootball.com with the following statement and information:

  • By sending an email to the above mentioned address I state that:
    • I have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
    • This notification is accurate;
    • Under penalty of perjury, I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    • I acknowledge that under Section 512(f) of the DMCA any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages; and
    • I understand that abuse of this complaint procedure may result in termination of my USA Football or other affiliated accounts.
  • URL of the infringing content
  • Copyright Owner Name (Company or Individual)
  • Your Full Legal Name (First and Last, not a company name)
  • Your Title/Job Position (What is your authority to make this complaint?)
  • Street Address
  • City
  • State/Province
  • Zip/Postal Code
  • Country
  • Phone number
  • Email


INFORMATION, NEWS, AND PRESS RELEASES

The Site may contain information, news and/or press releases about NHSFCA and its members. While this information is believed to be accurate as of the date it was prepared, NHSFCA and its member organizations disclaim any duty or obligation to update such information.

NO WARRANTIES

NHSFCA AND ITS PARTNERS DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE NOR MAKE ANY WARRANTY AS TO THE RESULTS OBTAINED FROM THE USE OF THE SERVICES. NHSFCA DOES NOT GUARANTEE CONNECTIVITY AT ANY TIME, FOR ANY LENGTH OF TIME OR AT ANY SPEED. NHSFCA DOES NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE, FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS. THE SERVICES AND THE SOFTWARE ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES WHATSOEVER (EITHER EXPRESS OR IMPLIED), INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF TITLE OR IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH NHSFCA OR THE INTERNET, SYSTEM INTEGRATION, OR NON-INFRINGEMENT. NHSFCA DOES NOT WARRANT THAT THE SERVICES ARE COMPATIBLE WITH ANY THIRD-PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD-PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY INTERNET SERVICE OR NHSFCA’S SERVICES IN PARTICULAR. NO ORAL ADVICE OR WRITTEN (INCLUDING ELECTRONIC) INFORMATION PROVIDED BY NHSFCA, ITS EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS OR AUTHORIZED USERS WILL CREATE A WARRANTY, NOR SHOULD YOU RELY ON ANY SUCH ADVICE OR INFORMATION. NHSFCA AND ITS EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, NHSFCA’S CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING THE THREE MONTHS IMMEDIATELY PRECEDING A CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF THIS PARAGRAPH MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

NHSFCA SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS RESULTING FROM: OTHER USERS ACCESSING YOUR COMPUTER; SECURITY BREACHES; EAVESDROPPING; DENIAL OF SERVICE ATTACKS; INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING THE SERVICES; YOUR RELIANCE ON OR USE OF THE EQUIPMENT OR SERVICES, OR THE MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, TRANSMISSIONS, OR ANY FAILURE OF PERFORMANCE OF THE EQUIPMENT OR SERVICES; THE USE OF THE EQUIPMENT OR SERVICES BY YOU OR A THIRD PARTY THAT INFRINGES THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INDUSTRIAL OR INTELLECTUAL PROPERTY RIGHTS, PROPRIETARY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY; THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICES, PRODUCTS, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR THE INTERNET. THE FOREGOING LIMITATION APPLIES TO THE ACTS, OMISSIONS, NEGLIGENCE AND GROSS NEGLIGENCE OF NHSFCA, ITS OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES WHICH, BUT FOR THIS PROVISION, WOULD GIVE RISE TO THE CAUSE OF ACTION AGAINST USAFB IN CONTRACT, TORT, OR ANY OTHER LEGAL DOCTRINE. YOUR SOLE AND EXCLUSIVE REMEDIES UNDER THIS AGREEMENT ARE AS EXPRESSLY SET OUT IN THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF THIS PARAGRAPH MAY NOT APPLY TO YOU.

INDEMNITY

You shall indemnify, defend and hold NHSFCA, and its subsidiaries, affiliates and their respective officers, directors, employees and agents and co-branders or other partners harmless from and against all third party claims, demands, suits, actions, judgments, losses, costs, damages (direct, indirect and consequential), attorney’s fees and expenses that NHSFCA may sustain or incur by reason of (i) any breach or alleged breach of any term or condition of this Agreement or incorporated agreements arising from your use of the Site and any of the Services or information offered thereon including, without limitation, (x) your dissemination of any information on the Site, (y) due to or arising out of content you submit, post, transmit or make available through the Site, and/or (z) your violation of this Agreement, and/or (ii) your violation of any rights of another.

UNITED STATES ONLY

All materials on this Site are provided solely for the purpose of promoting NHSFCA’s operations in the United States and its territories, possessions and protectorates. NHSFCA makes no representation that the materials on the Site are appropriate or available for use in other locations. If despite these conditions, you use the Site from outside the United States, you are solely responsible for compliance with any applicable local laws.

TRADEMARKS, TRADE NAMES, AND SERVICE MARKS

Unless otherwise indicated, all logos, names, package designs, and marks on the Site are trademarks or service marks owned or used under license by NHSFCA. The use or misuse of any of these marks or other information is strictly prohibited.

MODIFICATION AND TERMINATION OF THIS AGREEMENT

NHSFCA may modify this Agreement at any time without notice to you. NHSFCA may terminate this agreement, terminate your access to all or part of the Site, or suspend any user’s access to all or part of the Site, at any time, without notice to you, if it believes, in its sole judgment, that you have breached or may breach any term or condition of this agreement, or for its convenience. You may terminate this agreement at any time by destroying all materials received from the Site and ceasing to use the Site.

LIMITS AND MODIFICATIONS

NHSFCA may establish, without notice, limits on the use of the Site, including the maximum number of times Users may post to or participate in the on-line communities, or to the number of times Users may access the Site. NHSFCA reserves the right to modify any and all portions of the Site without notice. Under no circumstances shall NHSFCA be liable to User or any other party for such limits or modifications.

NOTICE

Notices may be posted to the NHSFCA site or e-mailed to Users using the e-mail address Users submitted during the registration process. Any party seeking to report any other potential violations of their rights or of this Agreement or otherwise may contact NHSFCA via email at abuse@usafootball.com.

JURISDICTION

This Agreement shall be governed by the laws of the State of Indiana. User shall submit to the personal and exclusive jurisdiction of the state and federal courts located within Marion County, Indiana or the City of Indianapolis in the State of Indiana.

MISCELLANEOUS

This Agreement and NHSFCA’s other agreements and policies posted on the Site constitute the entire agreement between you and NHSFCA with respect to your use of the Service and use of the NHSFCA web site. NHSFCA may revise, amend, or modify the Agreement at any time and in any manner. Notice of any revision, amendment, or modification will be posted on NHSFCA’s web site and/or on your start pages and/or by email and/or in our various publications and mailings to you. You may agree to other terms and conditions by virtue of offers made to you by virtue of your membership, by communicating with advertisers or by access to certain services offered in and through the site. The failure of NHSFCA to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision. If any provisions of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired. Any claim arising under the terms of this Agreement must be brought within one (1) year after such claim or cause of action arose or be forever barred.

You may not assign your rights or delegate any of your duties under this Agreement. Nothing in this Agreement or in the understanding of the parties construes upon the parties the status of agency, partnership, or other form of joint enterprise between the parties. NHSFCA may subcontract any work, obligations or other performance required of NHSFCA under this Agreement without your consent.

The failure of either you or NHSFCA to insist upon or enforce strict performance by the other of any provision of the Agreement will not be construed as a waiver of any provision or right. Neither the course of conduct between you and NHSFCA nor trade practice will act to modify any provision of the Agreement.

VIOLATIONS

Any party seeking to report any other known or suspected violations of this Agreement or otherwise may contact NHSFCA via email at abuse@usafootball.com. You can reach us by posted mail at:

National High School Football Coaches Alliance LLC
Attn: General Counsel
45 N Pennsylvania Street, Suite 700
Indianapolis, IN 46204