NATIONAL STRATEGIC GROUP TERMS AND CONDITIONS
By using https://www.nationalstrategic.com (“Website”) or any National Strategic Group LLC (“NSG”) publication, course, product, or service, including all texts, graphics, images, materials, opinions, suggestions, ideas, concepts, designs, data, software, sound files, information, marks, and copyrights, whether registered or unregistered, (collectively “Services”), the Website and/or Services user (“you”) expressly agree to all of the following terms and conditions (“Terms”).
If you do not agree to all of these Terms, then do not continue to access the Website, Content, or Services.
GENERAL USE REQUIREMENTS
NSG reserves the right to modify these Terms at any time by posting a notice of such modifications in the relevant section of the Website, or by posting a notice in any other conspicuous manner that NSG deems sufficient. Your continued use of the Website or Services will signify your acceptance of the changes to these Terms. Each time you access the Website or utilize the Services, such use will constitute acceptance of these Terms, including any amendments or updates that NSG may have made from time to time.
LIMITED USE & INTELLECTUAL PROPERTY RIGHTS RESERVED
The Content of NSG’s Website and all Services, including all Intellectual Property Rights in such Content, the Website, and all Services, are the exclusive property of NSG, unless otherwise specified. As used in these Terms: (1) “Intellectual Property Rights” means all rights granted, applied for, or otherwise, whether now in existence or later acquired, related to any patent, copyright, trademark, trade secret, or other intellectual property rights laws and all similar equivalent rights or forms of protection, in any part of the world. NSG retains all right, title, and interest in, or to (including any license under), any Intellectual Property Rights arising from, or relating to, the Website Content, Services, and NSG’s business generally, including all enhancements, modifications, updates, and derivative works; (2) “Content” includes any information provided and hosted on the Website, including its service list, blog, videos, discussion boards, or newsletter, and all new versions, updates, revisions, improvements, and any modifications of the foregoing, to which NSG provides access and use.
No provision of these Terms shall be construed as: (1) granting you, by implication, estoppel, or otherwise, any license (except the limited license specifically stated below) or right to use any the Website, Content, or Services for the financial gain of yourself or any third party, except with prior written approval and agreement by NSG; (2) releasing, relinquishing, or waiving any of NSG’s Intellectual Property Rights; and (3) NSG reserves the right, in its sole and absolute discretion, to make any changes to the Website, Content, or Services that it deems appropriate, necessary, or useful, at any time.
You may use, and NSG grants you this limited, revocable, non-exclusive, license to use the Website, Content, and Services, only for the limited purpose, and in the context, for which it was provided to you, including to: (1) purchase or inquire into the Content and/or Service(s) offered by NSG and described in detail on the Website; (2) use it for strictly for personal and noncommercial purposes in accordance with these Terms, and not any revenue generating purpose or other purpose not intended by these Terms; (3) direct third parties to use the Website for their own use, but you may not distribute or provide any third party with access to the Content or Services nor make the Content or Services available on a network where the Content or Services could be downloaded, accessed, or used by others; and (4) create a hyperlink, hashtag, or social media post crediting NSG for its Content and Services, so long as you do not portray NSG in a false, misleading, derogatory, or defamatory manner, or otherwise paint NSG in a negative light, and the hyperlink, hashtag, or social media post does not contain abusive, offensive, objectionable, or otherwise inappropriate content and is not a violation of the rights of NSG, any third party, or applicable law.
The term of this license is effective on your initial use of the Website and contemporaneous acceptance of the Terms and remains in effect until terminated per these Terms. You may not, and in no way do these Terms confer any right in you to license, sublicense, sell, distribute, or otherwise authorize the use of the Website, Content, or Services, whether in executable form, source code or otherwise, to or by any third parties.
The limited license granted to you by NSG is not assignable nor sublicensable and may be revoked at any time and for any reason by NSG. As such, you expressly agree you will not resell, republish, reproduce, distribute, translate, transfer, upload, post, display, rent, lease, sublicense, loan, lend, assign, transfer, modify, translate, adapt, edit, improve, enhance, or create derivative works, or copy (including photocopying, recording, and all other electronic and mechanical methods) any of the Website, Content, or Services under any circumstances, except with express prior written approval by NSG. You additionally agree, you will not use any data mining or similar data gathering and/or downloading extraction methods (other than page caching) of any portion of the Website, Content, or Services, except as expressly permitted by these Terms. Special rules regarding use of certain software and other accessibility programs with regard to the Website, Content, and Services may be included in other areas of the Website and are incorporated into these Terms by reference. Any attempted or actual violation of any term or condition is prohibited and effectively terminates, at the time of such attempted or actual violation, the limited license provided to you. NSG may terminate or limit access by subscribers or account holders who, in NSG’s sole determination, infringe upon NSG’s or any third party’s rights or violate any term or condition of these Terms or any other terms or conditions provided by NSG. NSG may, directly or indirectly, and by any lawful means, suspend, terminate or otherwise deny your access to or use of all or any part of the Website, Content, or Services, in its sole discretion, for your violation of these Terms, or otherwise, including but not limited to, violation of any other rules or requirements for continued use of the Website, Content, or Services provided to you by NSG.
You may not to use the Website, Content, or Services for any revenue generating endeavor or commercial enterprise including but not limited to, using the Website, Content, or Services to create a website, product, service, or application that is directly or indirectly competitive with or in any way a substitute for any website, product, service, or application offered by NSG.
Upon any expiration or termination of these Terms, except as expressly otherwise provided in this these Terms: (1) All rights, licenses, consents and authorizations granted by NSG to you hereunder will immediately terminate; (2) you shall cease all use of Content and/or Services; (3) NSG may disable and deactivate any accounts you set up on or to access the Content and/or Services, and may otherwise prevent you from further accessing the Content and/or Services; (4) Notwithstanding anything to the contrary in these Terms, and unless otherwise prohibited by law, with respect to information and materials then in NSG’S possession or control, NSG may retain your data, which your data is deleted in NSG’s ordinary course of business; and (5) you will not be refunded any fees paid in connection with the Content and/or Services.
Except as otherwise specified in a writing signed by NSG, the Website, Content and Services are provided on an “as is”, “as available” and “with all faults” basis, without warranties of any kind, either express or implied. NSG, its parent, suppliers, licensors, subsidiaries, affiliates, respective members, employees, independent contractors, agents and representatives make no guarantees or warranties (whether statutory, express or implied, including without limitation, any implied warranties of merchantability, fitness for a particular purpose, title, warranties arising from course of dealing, usage, or trade practice, and non-infringement of information) regarding: (1) the accuracy, quality, functionality, availability, accessibility, reliability, performance, and timeliness of the Website, Content, and Services, or third-party sites, hyperlinks and content; (2) the use of the Website, its server(s), or any third-party site or server(s) as safe or free from malware, viruses, and other hardware and software damaging causes; (3) any information or Content posted or hosted on the Website, for any purpose; (4) satisfaction of any local, state, or federal law, regulations, orders, or directives for software compliance, or required disclosures of information on prescription drugs, food products, supplements, vitamins, or any other packaging descriptions and required disclosures; and (5) whether any products, the Website, Content, or Services will meet your or any third party’s requirements, operate without interruption, achieve any of your intended results, be compatible with any application, systems, or other services.
You represent and warrant to NSG, you are duly authorized and empowered to accept (whether on behalf of yourself or any organization, entity, or enterprise other than on behalf of yourself, including work as an independent contractor or employee), and you do accept without fraud, duress, or undue influence, these Terms. Additionally, you and any applicable associated third-party organization, entity, or enterprise, jointly and severally, indemnify, defend, and hold NSG, its parent, and subsidiaries harmless from and against any and all claims, liabilities, suits, injuries, losses, damages, penalties, expenses, and all other costs and actions or proceedings brought against NSG, based upon, or arising as a result of, a violation of these Terms. Any waiver by NSG of any right or remedy under these Terms is not a waiver of any other right or remedy of the same kind, or subsequent right or remedy.
NSG will use commercially reasonable efforts to provide you with consistent access to the Website by hosting, managing, operating, and maintaining the Website for remote access and use by you, including employing any security measures in accordance with applicable industry standards, and excluding: (1) scheduled downtime; (2) maintenance downtime or degradation due to force majeure event(s); (3) suspension or termination of your access to or use of the Website in accordance with these Terms; and (4) any other circumstances beyond NSG’s reasonable control.
NSG does not guarantee availability of the Website, Content, or Services. Accordingly, you agree to hold NSG harmless for any unavailability, downtime, etc. of the Website, the Content, and Services.
NSG may also provide links to third party sites and content, including PayPal, and social media sites such as Facebook, Instagram, LinkedIn and YouTube, for your convenience or marketing purposes. You understand NSG does not monitor or control any third-party site or content, and NSG makes no representation, warranty, guarantee, affiliation, or endorsement regarding the quality, content, nature, reliability, or rights of any such third-party site or content. You understand, by leaving our Website, additional terms and conditions may apply with respect to the third-party site, products, and content. Any dealings between you and a third party are solely between you and that third party, and NSG is not liable for any losses, damages, injuries, liabilities, penalties, expenses, or any other costs incurred by you based upon, relating to, or arising as a result of, your relationship with such third party, its site, content, services and/or products. You expressly waive any right you may have, or may later acquire, to name NSG as a party to any such proceeding, under any circumstances, and understand NSG will not be a party to any such proceeding.
You may contact NSG via email at email@example.com with any questions or concerns. NSG reserves the right, in its sole discretion, to determine whether or not to replace any Content or Services and will address customer service inquiries on a case-by-case basis. No refunds or returns will be accepted.
NSG may limit the sale of its Content and Services, in its sole discretion, and may change (at any time and for any reason) the descriptions, pricing, and any other characteristic of its Content and Services, including discontinuing any Content or Services, acceptance or denial of any promotion, and/or changes to any offer to sell, the Content or Services.
USER INTERACTIONS, DEVICES, & DATA
You agree not to violate or attempt to violate the security of the Website, Content, or Services and specifically agree you will not: (1) access data not available to your user account and server; (2) reverse engineer, scan, test, disassemble, decompile, decode, decrypt, or probe the Website and its system, network, and servers, in breach of security or authentication measures; (3) interfere with service to any customer or user of NSG, whether by submitting a virus to the Website, overloading, flooding, spamming, mailbombing, crashing, or otherwise; (4) send unsolicited messages, promotions, or advertisements to NSG or its customers or users; (5) forge any transmission control protocol or intellectual property packet headers, information, emails, newsgroups or social networking post; (6) store, create, distribute, post, transmit, or otherwise publish content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of the privacy or violates the rights of NSG or any third party, or is abusive, inflammatory, fraudulent, or otherwise inappropriate, encourages or incites violence or insurrection, is confidential or protected or proprietary information, or any content which violates any local, state, or federal law, or which misrepresents your affiliation with NSG or any third party; (7) damage, destroy, disrupt, impair, interfere with or otherwise impede NSG’s Website, Content, or Services, or NSG’s provision of services to any third party; or (8) attempt any of the above-listed actions.
You agree that you will, at all times: (1) set up, maintain and operate in good repair all of your devices or systems on, or through, which the Website or any Content or Service is accessed or used; and (2) provide all cooperation and assistance as NSG may reasonably request to enable NSG to exercise its rights and perform its obligations under these Terms. You represent and warrant that maintenance of your data, its content and use, and your devices (including maintenance, security, accessibility and use of such), to prevent any third-party access or use of the Content and Services, including all results obtained from, and all conclusions, decisions and actions based on, such access or use, whether with or without your knowledge or consent, and understand that any results, conclusions, decisions, and actions of any third-party based on such access or use by or through your devices or any other means controlled by you, is your sole responsibility. You indemnify and hold NSG harmless for any losses, liabilities, damages, and claims brought by you or any third party arising from, or as a result of, a violation of the foregoing.
NSG reserves the right to remove, delete, negate, or otherwise object to any content you store, create, distribute, post, transmit, or otherwise publish on the Website. In addition to the above-listed restrictions you will not post any content promoting marketing claims, benefits, or advantages to using any particular type or brand of products, or content which inhibits any other customer of NSG from use and enjoyment of the Website.
NSG will employ security measures in accordance with applicable industry practice.
SMS PRIVACY AND DATA
NSG may, from time to time, use information that you submit to us to send you electronic messages in the course of providing Services to you, including SMS messages. NSG and its vendors (including EZ Texting), promise to only utilize your mobile number to the extent permitted by you in your use of the Website, Content, or Services. NSG and its vendors will not share, publish, sell, or otherwise disseminate your mobile number for any other purpose. However, NSG reserves the right to disclose any information necessary as required under any law, regulation, or governmental agency request.
By completing any forms, requests, or submissions on the Website, you agree to provide accurate, complete, and true information. Thus, you may not take any action that is misleading or prohibited by law, including but not limited to, providing false or misleading name(s), contact information, or request, and/or submitting information on behalf of a third-party without the third-party’s prior consent. If NSG, in NSG’s sole discretion, believes that any information you submit is untrue, inaccurate, or incomplete, NSG reserves the right to refuse to provide or terminate your access to the Website, Content, or Services.
INDEMNIFICATION & LIMITATION ON LIABILITY
In addition to any and all other indemnification obligations and limitations on liability stated above, you agree to indemnify and hold harmless NSG from and against all liability, damages, loss, cost or expense, including but not limited to reasonable attorneys’ fees and expenses, arising out of or in connection with any claims that: (1) your use or access of the Website, Content, or Services infringes or otherwise violates any rights of any such third party; (2) your use or access of the Website, Content, or Services in contravention of these Terms; (3) your provision of, or NSG’s use of, your data has caused damage to, infringed the rights of, or caused the dissemination or unauthorized access of the data of, any third party; and/or (4) your provision of, or NSG’s use of, your data caused damage to a third party including but not limited to as a result of Harmful Code, whether negligent or intentional.
You agree that your sole and exclusive remedy for any dispute with NSG is to stop your use of or access of the Website, Content, and Services. In no event shall NSG, or NSG’s parent, licensors, subsidiaries, affiliates, respective members, employees, independent contractors, licensors, licensees, assignees, agents, or representatives be liable for any direct, special, indirect, incidental, punitive, or consequential damages, including physical injury or loss, death, wrongful death, loss of profits, loss of data, loss of records, property damage, products liability, strict liability, whether brought in tort or contract, arising out of or relating to: (1) the Website, Content, and Services; (2) any third party content or site; (3) use of, or inability to use, the Website or any third party’s website. Such prohibited damages include, but are not limited to, lost profits, data loss, business damage, or damages that are not reasonably foreseeable. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, or other specific types of damages. To the extent you reside in any such jurisdictions, this paragraph will not apply to you.
LAW AND VENUE
These Terms shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to its principles of conflicts of laws. If a dispute arises, you will notify and allow NSG to resolve any dispute before initiating the arbitration process. If, and only if, NSG does not resolve the dispute within 60 days from the date your notice is received, then you may initiate the arbitration process. You hereby irrevocably and unconditionally consent and agree to submit any dispute with NSG, its parent, and subsidiaries to binding arbitration under the rules of the American Arbitration Association (“AAA”), before a single arbitrator, governed by the AAA’s Commercial Arbitration Rules, in the County of Cuyahoga, State of Ohio, or any other county which NSG reasonably chooses at the time of the dispute, rather than in court or any other legal proceeding and expressly waive any right to jury or bench trial or any other court or legal proceeding. The parties shall share equally the cost of arbitration, including any filing fees and arbitration fees. Unless otherwise ordered by the arbitrator, each party shall be responsible for all other respective fees and costs, including but not limited to fees for attorneys or expert witnesses. Judgment upon the award rendered by the arbitrator may be entered in any court with jurisdiction to do so. However, NSG may seek immediate injunctive relief in a court of law, in addition to any other remedy provided for by these Terms or under applicable law, if you violate any of term or condition in whole or in part. Any claim or lawsuit arising out of these Terms must be filed no more than six (6) months after the date of the occurrence that is the subject of the claim or lawsuit, or within the applicable statute of limitations, whichever expires first, and YOU EXPRESSLY WAIVE ANY OTHER STATUTE OF LIMITATIONS PERIOD OF LONGER THAN SIX (6) MONTHS.
YOU UNDERSTAND AND AGREE THAT ALL CLAIMS MUST BE BROUGHT INDIVIDUALLY, AND YOU EXPRESSLY WAIVE ANY RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR COLLECTIVE PROCEEDING against NSG and/or its related parties or entities for any and all claims related to NSG’s Website, Content, Services, these Terms, or otherwise including or related to NSG. The provisions of this paragraph survive the termination of your use of the Website, Content, and Services.
If any provision, in whole or in part, of these Terms is determined to be void and unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms shall be subject to enforcement to the extent permitted under the law. If no such interpretation is possible, then the unenforceable provision shall be deemed struck and the remainder of these Terms shall remain valid and enforceable.
Headings used in these Terms are for reference only and do not affect the interpretation or enforcement of any term or condition.
These Terms will inure to the benefit of NSG, its parents, subsidiaries, and successors in interest, including successors through merger, consolidation, or sale of substantially all of NSG’s ownership or assets.
NSG may receive commission from products and services sold on affiliated websites. For a list of NSG affiliations and conditions, please contact NSG at firstname.lastname@example.org.
These Terms survive termination of your use of the Website, Content, and Services.