Terms of Use
LAST UPDATED: June 1, 2025
This website is owned and operated by the National Wrestling Coaches Association and its affiliates and related entities (“Company”, “we”, “our”, and “us”). Access and use of the Official Athletics Website location at https://nwcaonline.com/index.aspx, other Company websites, and their related web pages on which these Terms of Use are posted, and the related services we provided, whether online or offline (collectively, the “Services”) are provided by Company to you on the condition that you accept these Terms of Use, and by accessing, browsing, or otherwise using the Services, you agree to these Terms of Use. If you do not agree to accept and abide by these Terms of Use, then you shall not access or use this website.
THESE TERMS OF USE, THE PRIVACY NOTICE, AND ALL OTHER DOCUMENTS REFERENCED HEREIN GOVERN THE RELATIONSHIP BETWEEN YOU, THE USER OF THE SERVICES (“YOU” OR “YOUR”), AND COMPANY WITH RESPECT TO YOUR USE OF THE SERVICES. YOU AGREE THAT THE AGREEMENT FORMED BY THESE TERMS OF USE IS LIKE ANY WRITTEN, NEGOTIATED AGREEMENT SIGNED BY YOU, AND YOU AGREE TO BE BOUND BY, AND FULLY COMPLY WITH, ITS TERMS. YOU REPRESENT AND WARRANT THAT YOU HAVE ALL NECESSARY RIGHTS, POWER, AND AUTHORITY TO ENTER INTO THIS AGREEMENT AND TO PERFORM AND OTHERWISE DISCHARGE ALL OF YOUR OBLIGATIONS HEREUNDER, WHETHER ON BEHALF OF YOURSELF OR ANY ENTITY THAT YOU REPRESENT.
IMPORTANT: Please read the following Terms of Use carefully as they affect your legal rights. These Terms of Use are an enforceable contract between us and contain a binding individual arbitration provision set forth below in Section 24. Except where prohibited by applicable law, these Terms of Use require you to arbitrate disputes with us rather than resolve disputes through a judge or jury trial, or any court proceedings, or class actions of any kind. By accessing, or using the Services, you hereby waive any and all rights to initiate or participate in any class action lawsuit or representative action with respect to any disputes or claims arising out of or relating to these Terms of Use or the Services. If you do not agree to the Terms of Use, do not use or access the Services provided by us.
CHANGES TO SERVICES AND THESE TERMS OF USE
We reserve the right at any time to change: (i) these Terms of Use; (ii) the Services, including terminating, eliminating, supplementing, modifying, adding, or discontinuing any content or feature or data or service on or available through the Services or the hours during which they are available; (iii) the equipment, hardware, or software required to use and access the Services; and (iv) prices for the Services or products made available therein. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services, or any items available on the Services.
Any changes we make to these Terms of Use will be effective immediately upon notice, which we may provide by any means, including, without limitation, posting on the Services. Your continued use of the Services after such notice will be deemed acceptance of such changes. Be sure to return to the Services periodically to ensure you are familiar with the most current version of these Terms of Use.
You may not interfere with the security of, or otherwise abuse the Services or any system resources, services, or networks connected to or accessible through the Services. You may only use the Services for lawful purposes and are prohibited from using the Services in a manner that is contrary to or in violation of these Terms of Use.
JURISDICTION
If you are residing in a jurisdiction that restricts the ability to enter into agreements such as those set out in these Terms of Use, then you may not enter into this agreement, and shall not access or use the Services.
Furthermore, if you are residing in a jurisdiction where it is forbidden by law to participate in the activities or services offered by the Services, you may not enter into this agreement, and shall not access or use the Services. By using the Services, you represent and warrant that you have verified in your own jurisdiction if your use of the Services is allowed.
We make no—and you acknowledge that we make no—representation that the Services or the materials on the Services are appropriate or available for use in all locations. Those who choose to access the Services do so on their own initiative and at their own risk and are responsible for compliance with state and local laws, if and to the extent state and local laws are applicable.
We reserve the right to limit the availability of the Services, materials, or other items described or offered thereon to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such services, materials, or other items provided.
GENERAL CONDITIONS AND DISCLAIMERS
We reserve the right to refuse service, and/or use of or access to the Services to anyone at any time. Company shall have no liability for interruptions or omissions in Internet, network, or hosting services, and does not warrant that the Services or the services which make the Services available or electronic communications sent by Company will be available and free from viruses or any other harmful elements.
Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk. You are and will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
Occasionally there may be information on our Services that contains typographical errors, inaccuracies, or omissions that may relate to item descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right, but are not obligated, to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). Notwithstanding the above, we undertake no obligation to update, amend or clarify information in the Services or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Services or on any related website should be taken to indicate that all information in the Services or on any related website has been modified or updated.
USER ACCOUNTS; PRICING; ESTIMATES
To create or activate an account (or to request to create an account) where such option is made available to you, you will be required to submit certain information and to establish a username and password. You are responsible for maintaining the confidentiality of any information you use in connection with the Services, including your username and password. You are responsible for all activity on your account. If you believe someone else has accessed your account, please change your password and notify us immediately using the contact information below under “Contact Us.” You must also notify us immediately if you are contacted by anyone requesting your username or password.
We reserve the right to charge a fee for your membership account. All such fees are quoted and shall be processed in
U.S. Dollars. Although we strive to provide accurate pricing information, errors may occur. We reserve the right, but
are not obligated, to correct any errors in pricing, promotions, offers, availability, or other information and to modify the prices at any time, without prior notice. In the event that the membership fee or information related thereto (whether in an estimate or otherwise) is incorrect due to an error in pricing or other information, we may, at our sole discretion, refuse or cancel your membership account. If there is such an error in pricing or other information, we will cancel your membership account and reverse any charges that have been applied, then contact you to ask you to place a new order for a membership account at the correct price.
Notwithstanding the above, we undertake no obligation to update, amend, or clarify information in the Services or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related website should be taken to indicate that all information in the Services or on any related website has been modified or updated.
ACCOUNT SUSPENSION, DEACTIVATION, AND TERMINATION.
Company may, at any time and for any reason, in its sole discretion, suspend, deactivate, or terminate your account or your access to or use of the Services, and may terminate these Terms of Use, without notice or liability, including if you breach these Terms of Use, upon any unauthorized use of your account, username, or password, if you act in an abusive manner, if you act in a manner inconsistent with applicable laws or regulations, or if it becomes no longer commercially viable to provide the Services to you. If we suspend, deactivate, or terminate your account, you will not create another account without our prior written permission. You may terminate your account at any time by selecting that option on the Services or contacting us using the contact information below under “Contact Us.” You understand that, after termination of your account, your use of the Services, or these Terms, any User-Generated Content you have provided may remain in our systems and may continue to be used by other Services users, as applicable.
PRIVACY
Company is committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed a Privacy Notice to describe our privacy practices and how we collect, use, and disclose the personal information of those individuals who visit, access, or use the Services. Please see our Privacy Notice for further information.
PERSONAL USE ONLY
The Services are only for personal or internal business use. You may not use the Services in any way that is unlawful, that violates these Terms of Use, or that harms us or any other person or entity, as determined in our sole discretion.
USER-GENERATED CONTENT
The Services may allow you to provide User-Generated Content, including without limitation by posting reviews, providing feedback, participating in forums by uploading or providing photographs or other media, by submitting articles, by commenting on blog posts or articles, or by providing any other information or content to be posted or made available through the Services. “User-Generated Content” means all data, feedback, information, images, messages, documents, and other content that is entered into, submitted to, posted on, uploaded to, transmitted, streamed, created, or displayed using, or otherwise provided via or using the Services by you or on your behalf.
You, alone, are responsible for all User-Generated Content that you provide and for the legality, originality, and appropriateness thereof. User-Generated Content is not generated by Company. You understand and acknowledge that certain features of the Services may allow or require User-Generated Content that you provide to be made available, including publicly available, to other Services users and that, accordingly, those other users may be able to access and use that User-Generated Content.
By providing User-Generated Content you represent and warrant that you are the creator and owner of that User- Generated Content or that you otherwise have the full ability and all legal rights, permissions, and consents necessary to provide that User-Generated Content as contemplated by these Terms. By providing User-Generated Content, you hereby waive, and agree not to, claim that any use of that User-Generated Content by us, any Services user, or any third party infringes or violates your or any person’s intellectual property rights (including copyright), rights of privacy, rights of publicity, or other rights. Subject to the right and license granted to Company below, you retain any copyright or other intellectual property rights you may have in User-Generated Content that you provide.
If you provide User-Generated Content, you agree to grant and you hereby grant Company a perpetual, irrevocable, transferable, assignable, sublicensable, royalty-free, fully paid-up, worldwide right and license to copy, modify, adapt, reformat, reorganize, translate, excerpt, prepare derivative works of, store, publish, perform, display, license, exploit (commercially or otherwise), and otherwise use and distribute, in all media and distribution methods now known or later developed, that User-Generated Content for purposes of making it available to other Services users and the public and for Company’s own business purposes (including, without limitation, aggregation, analytics, marketing, development of products and services, and for commercial purposes). Notwithstanding the foregoing and for the avoidance of doubt, we will use and disclose information that reasonably identifies a natural person only to the extent permitted by applicable law.
Company reserves the right, but does not have the obligation, to, at any time and for any reason: review, prescreen, edit, redact, otherwise modify, reorganize, or recategorize User-Generated Content; delete User-Generated Content from the Services; and archive or otherwise store any User-Generated Content. Company reserves the right to impose limits on Services features (e.g., the ability to provide User-Generated Content) and to restrict your access to all or parts of the Services at any time for any reason, including any breach of these Terms. You understand that, even after removal or deletion, User-Generated Content you have provided may remain viewable to and may have been copied or stored by other Services users and members of the public.
If you believe that any content on the Services infringes any copyright that you own or control, please follow the process described below under “Copyright Policy.” If you believe that anything on the Services violates a law or regulation or breaches any provision of these Terms, please notify us using the contact information below under “Contact Us.”
USER RESPONSIBILITIES
The Services’ content is prohibited from being copied, reproduced, scraped, downloaded, distributed, modified, republished, uploaded, licensed, adopted, adapted, edited, posted, or transmitted in any way, except as may be otherwise explicitly permitted by us in writing. You agree not to engage in such activities, nor to create any kind of derivative works from or exploit the content of the Services in any way.
You represent and warrant that: you will perform under these Terms of Use in compliance with all applicable laws and regulations; you are not (i) located in a country subject to a U.S. Government embargo, or designated by the U.S. Government as a “terrorist supporting” country, or (ii) listed on any U.S. Government list of prohibited or restricted parties; and all information you provide in connection with your access to or use of the Services is true, accurate, and complete to the best of your knowledge and belief. You also represent and warrant that: (a) you have, to the extent required by applicable law, obtained and will continue to obtain and maintain all consents, notices, and opt-out opportunities in order to allow us to make use of your information and User-Generated Content as contemplated in these Terms and our Privacy Policy; and (b) your User-Generated Content and all other information provided to us does not infringe misappropriate, or otherwise violate the intellectual property rights, privacy rights, or other proprietary right of any third party.
You will NOT, and you will NOT allow any third party to:
Use the Services in a manner other than as expressly permitted by these Terms of Use;
Use the Services for any purpose or in any manner that is unlawful or prohibited by these Terms of Use, including, without limitation, for any commercial purpose;
Delete, obscure, or change any copyright, trademark, or other proprietary designations, notices, or markings in or on the Services;
Translate, merge, adapt, update, modify, reconfigure, reverse-engineer, disassemble, decompile, prepare any derivative works of, discover the underlying ideas behind, or discover the source code of the Services, or combine the Services or any part thereof with any other computer code, programs, materials, or services;
Copy, reproduce, display, duplicate, sell, publish, disclose, post, license, rent, scrape, or distribute the Services or any part thereof;
Use the Services, including, without limitation, any Services’ content, in any way that infringes on or violates the rights of any other person or entity, including, without limitation, any patent, trademark, trade secret, copyright, other intellectual property rights, privacy rights, and publicity rights;
Commit fraud or falsify information in connection with your access or use of the Services;
Work around any of the technical limitations of the Services or use any tool to enable features or functionalities that are otherwise disabled on the Services;
Perform or attempt to perform any actions that would interfere with the proper working of the Services, prevent access to or use of the Services by other users, or impose an unreasonable or disproportionately large load on our infrastructure;
Engage in activities that aim to render the Services or associated services inoperable or make their use more difficult;
Attempt to disable, damage, overburden, impair, or gain unauthorized access to the Services or our servers;
Engage in data mining or similar data gathering or extraction activities or retrieve data or other content from the Services (including, without limitation, using spiders, crawlers, robots, indexing agents, and screen scrapers) for purposes of creating or compiling that content for any purpose;
Harvest or otherwise collect or store personal information about other users of the Services, including, for example only, email addresses, without the express consent of such users;
Post, transmit, input, upload, or otherwise provide any information or materials that contain any viruses, worms, Trojan horses, logic bombs, time bombs, cancelbots, malware, ransomware, adware, or other harmful computer code or programming routines;
Impersonate or attempt to impersonate any person or entity other than yourself, falsely state or otherwise misrepresent your identity or status, misrepresent your affiliation with a person or entity, create a false identify, or hide your true identity; nor
Send, post, or transmit any unsolicited messages, chain letters, spam, or junk mail using the Services, or attempt to collect personal information about third parties without their knowledge or consent.
Company may, at any time and for any reason, in its sole discretion, and without notice or liability, suspend, deactivate, or terminate your access to or use of the Services, and may terminate these Terms of Use, including, without limitation, if you breach these Terms of Use or any other applicable agreement or if you act in a manner inconsistent with applicable laws or regulations.
JOB APPLICANTS
If you submit a resume, job application, or related materials or other information to us, we may use that information to evaluate your qualifications and consider or respond to your inquiry or application. Your submission of a resume, job application, or related information does not in any way require Company to review that information or consider you for employment. To view career opportunities at Company or to submit a job application, you may be redirected
to an online career portal operated by a third party. We encourage you to review any terms and privacy policies posted on that portal (if applicable).
CODE OF CONDUCT
You agree that you will not attempt to, nor permit any third party to, enter restricted areas of Company’s computer systems, or perform functions that you are not authorized to perform pursuant to these Terms of Use. While using the Services you agree to comply with all applicable laws, rules, and regulations (including, but not limited to, export/import laws and laws relating to privacy, obscenity, copyright, trademark, confidential information, trade secret, libel, slander, or defamation). You shall not interfere with or disrupt the Services, our servers, or our networks, or take any action that imposes an unreasonably or disproportionately large load on our infrastructure.
COPYRIGHT INFRINGEMENT
If you know or suspect that any of the materials on the Services have been used or copied in a way that constitutes copyright infringement, please send notice to our designated agent identified below. According to the U.S. Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(3), your notice must comply with the following requirements:
A physical or electronic signature of the copyright owner or person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact you, such as address, telephone number, and, if available, an electronic mail address at which you may be contacted;
A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owners, its agent, or the law; and
A statement that the information in the notification is accurate and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The designated agent for notice of copyright infringement claims may be reached as follows: Executive Director, Michael Moyer.
The preceding information is provided exclusively for notifying us that your copyrighted material may have been infringed. All other inquiries, such as questions related to items available for purchase on the Services and requests or concerns regarding improper content, will not receive a response through this process.
MARKETING COMMUNICATIONS
If you sign up or otherwise opt in to receive updates, promotional communications, or related materials from us, we will use your contact information to provide you with promotional and other communications pertaining to our and our affiliates’ products and services via email, physical mail, or telephone, as applicable. You may opt out of receiving promotional or marketing communications from us at any time by following the unsubscribe instructions in the applicable email or by contacting us as set forth herein. We may use third-party providers to deliver these communications to you.
If you opt in to receiving text messages and/or telephone calls when prompted, we may send you autodialed and other text messages at the telephone number you provide. Consenting to receiving text messages is not required to buy goods or services or to otherwise do business with us. Message and data rates may apply.
Please note that if you opt out of such marketing or promotional communications, you may still receive communications with us as necessary for administrative purposes such as at your request or pursuant to providing the Services to you.
AVAILABILITY
While we endeavor to keep downtime to a minimum, we cannot promise that the Services will be uninterrupted, secure, or error-free. We reserve the right to interrupt or suspend the Services, or any part thereof, with or without prior notice for any reason.
CURRENCY OF SERVICES
Company updates the information on the Services periodically. However, Company cannot guarantee or accept any responsibility or liability for the accuracy, currency, or completeness of the information on the Services. Company may revise, supplement, or delete information, services and/or the resources contained in the Services and reserves the right to make such changes without prior notification to past, current, or prospective visitors.
LINKED SERVICES; THIRD-PARTY PRODUCTS; AND LINKING TO THE SERVICES
The Services may provide links to third party websites for your convenience only. The inclusion of these links does not imply that Company monitors or endorses these websites or their respective practices. Company does not accept any responsibility for such websites. Company shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third-party websites or linked resources. These Terms of Use and our Privacy Notice do not apply to your use of any third-party websites, so be sure to review any applicable terms and policies of third-party sites.
If you operate a website and wish to include a link to the Services: the link must be clearly marked; the link and its use must be in connection with a website of appropriate subject matter; the link and its use must not, nor have the potential to, damage or dilute the goodwill associated with Company’s names or trademarks; and the link and its use must not create the false appearance that any content, program, person, or entity is associated with, affiliated with, sponsored by, or endorsed by Company. We reserve the right to revoke consent to link to the Services at any time in our sole discretion, whether by amending these Terms of Use or through other notice.
INTERNET SOFTWARE OR COMPUTER VIRUSES
Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained in the Services. Due to the ability to share certain content and materials, computer viruses or other destructive programs may also be inadvertently downloaded from the Services.
Company shall not be responsible or liable for any software, computer viruses or other destructive, harmful, or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on the Services, or your downloading of any user materials or other content from the Services. Company recommends that you install appropriate anti-virus or other protective software.
OWNERSHIP AND OUR MATERIALS
The Services are owned and operated by Company in conjunction with others pursuant to contractual arrangements.
Unless otherwise specified, all materials appearing on the Services, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly, and arrangement thereof, are the sole property of Company and
its licensors and/or its suppliers. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property rights or goodwill belonging to or of Company or any third party is prohibited and may be prosecuted to the fullest extent of the law. No licenses, express or implied, are granted by Company to you under any patent, copyright, trademark, trade secret, or other intellectual property right of Company and all such rights are reserved and retained by Company. ALL RIGHTS RESERVED.
Company may make certain content, software, or other electronic materials (including all files, text, URLs, video, audio, and images contained in or generated by such materials and accompanying data) (collectively “Company Materials”) available to you from the Services, from time to time. If you download or use Company Materials, you agree that such materials are licensed for your limited personal use only and not sold or assigned and: (i) may only be used for your personal and non-commercial use; (ii) may not be modified, used to create a derivative work, incorporated into any other work or otherwise exploited without Company’s prior written permission; and (iii) shall only be used in compliance these Terms of Use and with any additional license terms accompanying such materials. Company does not transfer either the title or the intellectual property rights to Company Materials and retains full and complete title to Company Materials as well as all intellectual property rights therein. You agree not to sell, share, redistribute, or reproduce the Company Materials. You further agree not to decompile, reverse-engineer, disassemble, or otherwise convert any compiled Company Materials into a human-perceivable form. Company or its licensors own all related trademarks and logos, and you agree not to copy or use them in any manner.
All rights not expressly granted herein are reserved by Company. Any unauthorized use of the materials appearing on the Services may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
The Services, (including its organization and presentation and Company Materials) are the property of Company and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trademarks, tradenames, internet domain names and other similar rights.
FEEDBACK
We appreciate feedback, comments, ideas, proposals, and suggestions for improvements to the Services (“Feedback”).
If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.
Furthermore, you acknowledge that unprotected e-mail communications and other transmissions over the Internet are not confidential and may be subject to possible interception, alteration, or loss. You acknowledge and agree that by submitting any such communications to Company, no confidential, fiduciary, contractually implied or other relationship is created between you and Company other than pursuant to these Terms of Use. Company shall not be responsible for the payment of any monies to any other party in connection with Company’s use of any information or material provided by you to Company. You also represent and warrant that any and all such information or material which you provide to Company, whether provided by you electronically by accessing or using the Services or otherwise, and Company’s use of this information and material so provided does not infringe the rights of any other person or entity.
WARRANTY; DISCLAIMER OF WARRANTIES
THE SERVICES, INCLUDING, WITHOUT LIMITATION, THIS WEBSITE AND PLATFORM THAT COMPANY PROVIDES, USER-GENERATED CONTENT, AND THE COMPANY MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF MERCHANTABILITY, ACCURACY, QUALITY, TITLE, VALIDITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SERVICES, THIS WEBSITE OR PLATFORM, THE
PRODUCTS, OR THE COMPANY MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE SECURE, UNINTERRUPTED, OR ERROR-FREE. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, THEY WILL BE LIMITED TO ONLY THOSE REQUIRED BY LAW, FOR THE SHORTEST DURATION PERMITTED BY LAW, AND WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE-TO-STATE.
LIMITATION OF LIABILITY
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, THIS WEBSITE AND PLATFORM, AND THE COMPANY MATERIALS, INCLUDING, WITHOUT LIMITATION, ANY OF THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY OR ANY OF ITS SUPPLIERS, LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR OTHER DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, UNAVAILABILITY, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT, OR OTHER PROCEEDING ARISING UNDER OR OUT OF, OR IN CONNECTION WITH THESE TERMS OF USE, INCLUDING, WITHOUT LIMITATION, YOUR USE OF, RELIANCE UPON, ACCESS TO, USE OF, OR EXPLOITATION OF THE SERVICES, THIS WEBSITE AND PLATFORM, THE COMPANY MATERIALS, USER-GENERATED CONTENT, OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR OTHERWISE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR MAXIMUM, AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $100.00 USD. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
INDEMNIFICATION
You agree to, upon request, defend, indemnify, and hold us harmless from any and all liabilities, claims, losses, costs, and expenses, including attorneys’ fees, which arise directly or indirectly from, or relate to: (1) any breach of these Terms of Use for which you are directly or indirectly responsible; (2) your use of the Services; (3) your User-Generated Content (including, without limitation, Third-Party Product Reviews); or (4) your violation, infringement, or misappropriation of the rights of any party, including, without limitation, any intellectual property, proprietary, privacy, or other rights of any party. Company reserves, and you grant to us, the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such matter without the prior written consent of Company. This indemnification section will survive any termination or expiration of these Terms of Use.
CONTACT US
If you need to contact us regarding the Services or these Terms of Use, please contact us by e-mail at technology@nwca.cc, by phone at 717-653-8009 ext. 104, or by mail at 330 Hostetter Road, Manheim PA 17545.
DISPUTE RESOLUTION; ARBITRATION AGREEMENT; CLASS ACTION AND JURY TRIAL WAIVER
PLEASE READ THIS ENTIRE SECTION 24 CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR DISPUTES. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION, A CLASS ACTION WAIVER, AND A JURY TRIAL WAIVER.
YOU AND WE HEREBY AGREE AND CONSENT THAT THE PROCEDURES AND OTHER TERMS SET FORTH IN THESE TERMS OF USE APPLY TO ANY CLAIM, CONTROVERSY, OR DISPUTE RELATED TO OR ARISING OUT OF ACCESS TO AND USE OF THE SERVICES, OUR MARKETING OR COMMUNICATION WITH YOU, THESE TERMS OF USE (INCLUDING THE BREACH HEREOF), ANY PROMOTIONS OFFERED BY COMPANY, OR TELEPHONIC OUTREACH, WHETHER BASED IN CONTRACT, TORT, STATUTE, OR OTHER LEGAL THEORY (EACH, A “DISPUTE”), INCLUDING, BUT NOT LIMITED TO:
DISPUTES THAT AROSE BEFORE THIS OR ANY PRIOR AGREEMENT;
DISPUTES THAT WOULD OTHERWISE BE SUBJECT TO PRE-EXISTING CLASS ACTION LITIGATION FOR WHICH YOU MAY BE A PUTATIVE CLASS MEMBER; AND
DISPUTES THAT MAY ARISE AFTER THE TERMINATION OF THESE TERMS OF USE.
The provisions of these Terms of Use apply to you and Company and its affiliates and related entities. This entire Section 24 shall survive termination of these Terms of Use or the parties’ relationship or the end of your use of the Services.
Most concerns can be resolved by contacting customer service at 717-653-8009. In the event we are unable to resolve a complaint, this Section 24 explains how any Dispute will be resolved.
Mandatory Informal Pre-Arbitration Dispute Resolution
If you have a Dispute against us or if we have a Dispute against you, you and Company must first attempt to resolve the Dispute informally in order to try to resolve the Dispute faster and reduce costs for both parties. You and Company agree to engage in good faith pre-suit/pre-arbitration discussions for a period of no less than sixty (60) days (“Informal Dispute Resolution”). During that time, the Parties will communicate directly with each other about any Dispute and attempt to resolve it without initiating an arbitration. The foregoing process shall be referred to herein as the “Informal Resolution Process.”
To commence the Informal Resolution Process, you or Company must first send a written notice of Dispute (“Notice”) to the other party providing a detailed description of the dispute; your or our name and contact information (address, telephone number, email address, and account number if applicable); sufficient information to enable you or Company to identify any transaction at issue (including any receipts or purchase details); and a detailed description of: (a) the nature and basis of the dispute and any claims and (b) the nature and basis of the relief sought (including a detailed calculation of any damages). Your Notice must be mailed via certified or registered mail with proof of receipt to us at technology@nwca.cc or 330 Hostetter Rd, Manheim, PA 17545, Attn: Executive Director. We will send any Notice to you at the most recent contact information that you have provided to us.
The Informal Resolution Process is intended to allow the party who has received a Notice to make a fair, fact-based offer of settlement if it chooses to do so. The statute of limitations and any filing-fee deadlines for a Dispute shall be tolled for the duration of the Informal Resolution Process. If requested by us in connection with a Notice initiated by you, you agree to personally participate in an individualized telephone settlement conference (and if you are
represented by an attorney, your attorney may also participate) to discuss a potential early resolution of the matter. If requested by you in connection with a Notice initiated by us, we agree to have a Company representative personally participate in an individualized, telephone settlement conference (and if we are represented by an attorney, our attorney may also participate).
Completion of the Informal Resolution Process and expiration of the sixty (60) day period shall be express conditions precedent to either party serving an Arbitration Demand (defined below) or otherwise initiating a lawsuit (should the Arbitration Clause below not apply). You and Company agree that any action commenced in arbitration or court without first exhausting the Informal Resolution Process shall be defective and subject to dismissal at the cost of the party found to have prematurely commenced the action.
If the sufficiency of a notice or compliance with this informal dispute resolution process is at issue, such issue may be raised with and decided by a court of competent jurisdiction at either party’s election, and further, any arbitration shall be stayed pending resolution of the issue. The court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration or the assessment or payment of arbitration fees. You or we may also elect to raise non-compliance with this informal dispute resolution process and seek relief in arbitration.
Class Action, Class Arbitration, and Jury Trial Waiver
YOU AND COMPANY AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE ACTION, INCLUDING ANY JOINT OR CONSOLIDATED LAWSUIT OR JOINT OR
CONSOLIDATED ARBITRATION OF ANY KIND. Additionally, you agree that you will not be a member of any putative or actual class in a class action brought by anyone else against us, nor will you seek to become a class representative. You further agree that in any action you initiate against us, any relief you seek will be confined to relief on your own behalf. Except as the Terms of Use otherwise provide and to the fullest extent permitted by law, you and Company acknowledge and agree that you are each waiving the right to a trial by jury.
Together, the terms in the preceding paragraph shall be called and operate as the “Class Action Waiver.”
Agreement to Binding Arbitration
You and Company agree that DISPUTES SHALL BE RESOLVED THROUGH BINDING INDIVIDUAL
ARBITRATION, RATHER THAN IN COURT. This requirement, and the terms set forth in the following subsections “Special Procedures for Mass Filings” and “Time Limits,” shall collectively be referred to as the “Arbitration Agreement.”
These Terms of Use affect interstate commerce and the enforceability of this Section 24 (except with respect to the Class Action Waiver) will be substantively and procedurally governed by the Federal Arbitration Act and federal arbitration law. By consenting to arbitration, you and Company do not limit in any way either party’s statutory or common law rights or potential remedies to which either party would be entitled were a Dispute being heard in a court.
Any arbitration shall be heard in and administered by the American Arbitration Association (“AAA”) and be governed by the AAA Consumer Arbitration Rules, including the Mass Arbitration Supplementary Rules in effect on the date such action is commenced. You can find the AAA Rules and the Demand for Arbitration Form at www.adr.org. You and Company empower the arbitrator(s) with the exclusive authority to resolve any Dispute relating to the interpretation, applicability or enforceability of these Terms of Use or the formation of this contract, including the arbitrability of any Dispute that all or any part of these Terms of Use are void or voidable. The arbitrator shall determine in accordance with the applicable rules, without limitation, all issues regarding filing fees, form of pleadings,
procedures for payment, locale, seat, arbitrator selection and disclosures, exchange of information, presentation of evidence, and criteria for any Arbitration Demand, Answer, and other claims. The arbitrator shall issue a reasoned award.
You and Company agree to opt out of Rule 9 of the Consumer Arbitration Rules, Small Claims Option for the Parties, and waive the right to return any Dispute to Small Claims Court at any time after the filing of an Arbitration Demand under the applicable AAA rules. You and Company agree that confidential information of either party disclosed during the arbitration (whether in documents or orally) shall not be used or disclosed except in connection with the arbitration or a proceeding to enforce or vacate the arbitration award, and that any permitted court filing of confidential information must be done under seal to the furthest extent permitted by law.
If any court or arbitrator determines that any term in this arbitration agreement is unenforceable for any reason as to any Dispute, then this Arbitration Agreement will be inapplicable to that Dispute only, and that Dispute will instead proceed through litigation in court rather than by arbitration, but only after the conclusion of the arbitration of any dispute that is subject to this Arbitration Agreement.
Except if this Arbitration Agreement does not apply, arbitration shall be your exclusive remedy.
Special Procedures for Mass Filings
To the extent an arbitration falls within the AAA’s definition of a Mass Arbitration, the Parties agree to be bound by the procedures set forth in the AAA’s Mass Arbitration Supplementary Rules effective on January 15, 2024, as amended thereafter, and that the additional procedures set forth below shall apply, unless the Parties jointly agree otherwise.
You and Company shall each select 15 Disputes per side (30 Disputes total) to proceed in individual arbitrations as part of the first stage in a staged process. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Any remaining Disputes shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those Disputes unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. Any applicable limitations period (including statute of limitations) and any filing fee deadlines shall be tolled beginning when the Informal Dispute Resolution procedures are initiated (so long as the pre-arbitration Notice complies with the requirements herein), until a given Dispute is selected to proceed as part of the staged process herein, or is settled, withdrawn, otherwise resolved, or opted out of arbitration.
After this initial set of staged proceedings is completed, you and Company shall promptly engage in a global mediation session of all remaining Disputes with a retired federal or state court judge and Company shall pay the mediator’s fee. If the remaining Disputes are not resolved at this time, you and Company will continue the same staged process, as set forth in this Special Procedures for Mass Filings section, by arbitrating a maximum of 30 individual Disputes at a time (15 Disputes selected by each party), until the parties are able to resolve all of the Disputes, either through settlement or arbitration.
Notwithstanding the provisions herein, in Mass Arbitrations consisting of more than 500 Disputes total, either party may opt out of arbitration and elect to have the Disputes heard in court.
A court of competent jurisdiction shall have the authority to enforce this entire Dispute Resolution section and, if necessary, to enjoin the mass filing, prosecution, or administration of arbitrations and the assessment of arbitration fees. If these additional procedures apply to your Dispute, and a court of competent jurisdiction determines that they are not enforceable as to your Dispute, then your Dispute shall proceed in a court of competent jurisdiction consistent with the remainder of these Terms of Use.
Time Limits
To the fullest extent permitted by applicable law, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO ANY DISPUTE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, THAT CAUSE OF ACTION IS PERMANENTLY BARRED. For purposes of
this provision, a Dispute is considered commenced at the time the Notice in the Informal Dispute Resolution section is sent, as defined above. To the extent a Dispute is filed arbitration or court without first providing such notice (which would be contrary to these Terms of Use, as set forth herein), the Dispute is deemed commenced at the time of such filing.
Exceptions
Notwithstanding the Parties’ agreement to resolve all Disputes through arbitration (i) either you or Company may seek relief in a small claims court for Disputes within the scope of that court’s jurisdiction; and (ii) either you or Company may bring suit in court to enjoin infringement or other misuse of intellectual property rights or confidential information. The route to small claims court shall only be the result of a direct filing by you or Company. As set forth above, a Dispute commenced in arbitration may not be secondarily directed to small claims court per otherwise applicable rules. Any institution of any action for injunctive relief will not constitute a waiver of the right or obligation of the claiming party to submit any claim seeking relief other than injunctive relief to arbitration.
MISCELLANEOUS
These Terms of Use are governed by and construed in accordance with the laws of the State of Pennsylvania, without regards to their respective principles of conflicts of law. You agree to the exclusive personal jurisdiction by the federal and state courts located in the State of Pennsylvania in any matter arising from or related to these Terms of Use and your use of the Services and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.
If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
Any provisions of these Terms of Use that are intended to survive termination (including, for example, any provisions regarding indemnification and limitation of our liability) will continue in effect beyond any termination of these Terms of Use or of your access to or use of the Services.
These Terms of Use set out the entire agreement between us relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements between us. These Terms of Use are not assignable, transferable, or sub-licensable by you except with Company’s prior written consent. These Terms of Use provide only for the use of the Services. These Terms of Use shall not be construed as a teaming, joint venture, or other such arrangement, unless the parties expressly and explicitly execute an agreement to that effect.
No waiver by either party of any right, obligation, breach, or default hereunder shall be deemed to be a waiver unless set forth in writing by such waiving party. No waiver of any right, obligation, breach, or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
Any heading, caption or section title contained in these Terms of Use is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.