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05/19/2012

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NASHAPPROVED.COM
WEBSITE USE TERMS AND CONDITIONS


Read these Terms of Use and Conditions, print these pages for your records, and confirm your adherence to the policies by clicking “I AGREE” below. These pages will not reappear once you have agreed.

ACCESSING WEBSITE MATERIALS

I shall access the Nash Approved website and the online materials thereof only for purposes authorized by Nash, Inc., and in no event shall I access this website for unlawful purposes. I will use only the user name and password assigned to me, will not share that user name/password with others, and will not allow others to use that user name/password. I will not aid anyone in gaining access to password-protected content of Nash, Inc, including nashapproved.com. I will not publicly post my personal contact information, or personal contact information of any one else. I will respect the integrity of any Nash, Inc. computer systems, Nash, Inc. data, and the data of others. I will take no actions to disrupt or interfere with the operations of any Nash, Inc. online site, such as through computer “hacking,” dissemination of malicious software code, or any other methods.

I will refrain from inappropriate behavior, including insults or attacks of any kind against another person, use of obscene, degrading, or profane language, or harassment (continuously posting unwelcome messages to another person) or threats. I will not use derogatory comments, including comments relating to race, age, gender, sexual orientation, religion, ability, political affiliation, body type, physical or mental health, or access issues. I will focus on the question or issue posed, not on the individual posing it. I will be constructive with any criticism, not hurtful. I will review any messages I post before sending them, to remove any language likely to be misinterpreted. I will respect the privacy of others, and will never reveal email addresses or any personal contact information of any type whatsoever unless expressly sanctioned to do so by the owner.

Regardless of the location from which I access this website, I will adhere to not only the rules and policies established by Nash, Inc., but also to all relevant United States local, state, and Federal laws, statutes, rules, regulations, and ordinances. I understand that violation of any of the rules and policies of Nash, Inc., including these Terms of Use, and/or of relevant local, state, and Federal laws, statutes, rules, regulations, and ordinances may subject me to not only revocation of my user name/password, and to my access to this website, but also to applicable civil and/or criminal penalties as imposed by United States law.

INTELLECTUAL PROPERTY

I acknowledge that this Web site and all materials contained in this Web site, including but not limited to written course materials, photographs, drawings, and any patent, copyright, trademark, trade dress, or other intellectual property rights associated therewith, are the property of Nash, Inc. or are used with permission. I will not reproduce, distribute, republish, repost, transmit, upload, modify, or reuse any portion of this Web site whatsoever, including without limitation any information contained therein, the “look and feel” of the Web site, and/or the software code or graphics, for any commercial or noncommercial purpose, on my own behalf or on behalf of others. I agree that I am authorized only to view (on a single computer) specific materials contained on this Web site for my own personal, non-commercial use, and that I will not copy or print any materials whatsoever. I agree that I am subject to all applicable laws of the United States of America, including the laws relating to intellectual property and to the penalties set forth therein for infringement of copyright, trademark, patent, and any other forms of intellectual property.

DISCLAIMER OF WARRANTY AND ENDORSEMENT

Nash, Inc. will make every effort to ensure the accuracy of information contained in this website and to maintain uninterrupted access to this website by authorized users. However, I acknowledge that my use of this website or the materials thereon is at my own risk. I UNDERSTAND THAT THIS WEBSITE IS PROVIDED “AS IS,” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. NASH INC. DISCLAIMS ANY AND ALL WARRANTIES WITH REGARD TO THIS WEBSITE AND THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION: A) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, INFRINGEMENT, OR TITLE; B) ANY WARRANTY OF QUALITY, FUNCTIONALITY, OPERABILITY, USE OR PERFORMANCE OF THIS WEBSITE OR INFORMATION CONTAINED ON THIS WEBSITE; C) ANY WARRANTY OF THE ACCURACY, COMPLETENESS, OR VALIDITY OF DATA OR INFORMATION COMMUNICATED THROUGH THIS WEBSITE; D) ANY WARRANTY OF THE CONTINUOUS AVAILABILITY OF THIS WEBSITE OR THE INFORMATION CONTAINED ON THIS WEBSITE, OR THAT THIS WEBSITE OR THE INFORMATION CONTAINED ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; E) ANY WARRANTY THAT THIS WEBSITE OR THE INFORMATION CONTAINED ON THIS WEBSITE, OR ANY FILES OR DATA AVAILABLE FOR DOWNLOADING, WILL BE FREE OF INFECTION, VIRUSES, OR OTHER CODES MANIFESTING HARMFUL CONTAMINATION OR DESTRUCTIVE PROPERTIES; F) ANY WARRANTIES ARISING FROM COURSE OF DEALING, TRADE USAGE, TRADE PRACTICE, OR OTHERWISE; G) ANY WARRANTY THAT ANY DEFECTS IN THIS WEBSITE OR THE INFORMATION CONTAINED ON THIS WEBSITE WILL BE CORRECTED.

I UNDERSTAND AND AGREE THAT IN NO EVENT SHALL NASH INC. BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE, WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF NASH INC. OR ANY AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO ME.

I understand and agree that the inclusion on this website of advertising, logos, or website links, or reference to any products, processes, services, trade names, trademarks, or manufacturers is not an endorsement by Nash, Inc. Nash, Inc. neither endorses links to other websites nor approves of links to external sources. External links are made available to assist the user. Nash, Inc. is not responsible for a link’s operation or content.

I understand and agree that this agreement has been delivered in the Commonwealth of Kentucky, and shall be construed in accordance with the laws of Kentucky. Wherever possible, each provision of this agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this agreement shall be prohibited or invalid under applicable law, all remaining provisions shall remain effective and valid. I understand and agree that any action in connection herewith, in law or equity, shall be brought in Fayette County, Kentucky, to the exclusion of any other lawful venue, and consent to the exclusive jurisdiction and venue of courts in Fayette County, Kentucky. I hereby waive trial by jury in any action or proceeding brought by any party against any other party pertaining to any matter whatsoever arising out of or in any way connected with this agreement, with this website, or with the information contained in this website.

I understand and agree that any rights not expressly granted herein are reserved by Nash, Inc.




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