Terms of service.

Welcome to the National Preps website. These National Preps Site Terms apply to the National Preps website located at www.nationalpreps.com, and all associated sites and applications owned by National Preps and its affiliates (collectively, the “National Preps Site”).National Preps provides the National Preps Site to you subject to the following terms of use (“Site Terms”).By visiting the National Preps Site, you accept the Site Terms. Please read them carefully. In addition, when you use any current or future National Preps products, services, applications, content, or other materials, you will also be subject to the applicable signed agreement with National Preps governing your use of National Preps services and products (the “National Preps Agreement”).

1. PRIVACY

Please review National Preps Privacy Policy, which also governs your visit to the National Preps Site, to understand National Preps practices with respect to your personal information.

2. ELECTRONIC COMMUNICATIONS

When you visit the National Preps Site or send emails, feedback, or chats to National Preps, you are communicating with National Preps electronically. You consent to receive communications from National Preps electronically. National Preps will communicate with you by email or by posting notices on the National Preps Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Any feedback you provide at this National Preps Site will be deemed non-confidential. National Preps will be free to use such feedback on an unrestricted basis.

3. National Preps INTELLECTUAL PROPERTY

The National Preps Site and the National Preps products and services available on or through the National Preps Site, as well as all content included on the National Preps Site, such as text, graphics, logos, button icons, images, audio clips, video, digital downloads, data compilations, and software, (together, “National Preps Intellectual Property”) are the property of National Preps or its content providers and is protected by United States and international copyright, trademark, patent, trade secret and other intellectual property laws. Without limiting the foregoing, National Preps, the National Preps logo, and all related names, logos, product and service names, designs, and slogans are trademarks of National Preps, protected under U.S. and international law, and may not be used without National Preps prior written permission. Other parties’ trademarks used, depicted, or identified on the National Preps Site are the property of their respective owners, used here by permission, and may be registered in one or more countries. Use on the National Preps Site of the trademark(s) (including, but not limited to, names and logos) of any other party is not intended to imply National Preps affiliation with or endorsement of that party, or that party’s sponsorship or endorsement of National Preps and their products or services.

4. LICENSE AND SITE ACCESS 

4.1. National Preps grants you a limited license to access and make personal use of the National Preps Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of National Preps. This license does not include any resale or commercial use of the National Preps Site or its contents; any derivative use of the National Preps Site or its contents; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools. Unless otherwise specified by National Preps in a separate license, your right to use any software, data, documentation, or other materials that you access or download through the National Preps Site is subject to these Site Terms or, if you have a National Preps account, the applicable National Preps Agreement.

4.2. The National Preps Site or any portion of the National Preps Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of National Preps. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of National Preps without express written consent. You may not use any meta tags or any other “hidden text” utilizing National Preps name or trademarks without the express written consent of National Preps. Any unauthorized use terminates the permission or license granted by National Preps. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the National Preps Site, so long as the link does not portray National Preps, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any National Preps logo or other proprietary graphic or trademark as part of the link without express written permission of National Preps.

4.3. National Preps reserves the right to withdraw or amend the National Preps Site, and any service or material we provide on the National Preps Site, in National Preps sole discretion without notice. National Preps will not be liable if for any reason all or any part of the National Preps Site is unavailable at any time or for any period. From time to time, National Preps may restrict access to some parts of the National Preps Site, or the entire National Preps Site, to users, including registered users. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works of the National Preps Site or any portion of the National Preps Site.

4.4. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the National Preps Site in breach of the Site Terms, your right to use the National Preps Site will stop immediately and you must, at National Preps option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the National Preps Site or any content on the National Preps Site is transferred to you, and all rights not expressly granted are reserved by National Preps (or its licensors). Any use of the National Preps Site not expressly permitted by these Site Terms is a breach of these Site Terms and may violate copyright, trademark, and other laws.

5. LINKS TO OTHER SITES

The National Preps Site contains links to web sites not operated or maintained by National Preps. These links are provided solely as a convenience to you and not as an endorsement by National Preps of the contents of such third-party web sites. National Preps is not responsible for the content of the sites of others and makes no representation regarding the content or accuracy of materials on such sites. If you decide to access linked third-party web sites, you do so at your own risk, and waive any and all claims against National Preps regarding the inclusion of links to outside web sites or your use of those web sites.

6. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE National Preps SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE National Preps SITE ARE PROVIDED BY National Preps ON AN “AS IS” AND “AS AVAILABLE” BASIS. National Preps MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS National Preps SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE National Preps SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE National Preps SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, National Preps DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. National Preps DOES NOT WARRANT THAT THIS National Preps SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE National Preps SITE; ITS SERVERS; OR E- MAIL SENT FROM National Preps ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. National Preps WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE National Preps SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE National Preps SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

7. APPLICABLE LAW

By visiting the National Preps Site, you agree that the laws of the state of Minnesota, without regard to principles of conflict of laws and not including any provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods, will govern these Site Terms and any dispute of any sort that may arise between you and National Preps.

8. DISPUTES 

Any dispute relating in any way to your visit to the National Preps Site or to services provided by National Preps or through the National Preps Site shall be adjudicated exclusively in the District Courts of the State of Minnesota in Hennepin or the Federal District Court of the District of Minnesota (as permitted by law) and each party agrees not to contest the personal jurisdiction of these courts. Notwithstanding the foregoing, National Preps shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-U.S. court of competent jurisdiction to obtain injunctive or other relief.

9. NCAA REGULATIONS/OTHER REGULATIONS 

National Preps is in no way affiliated with or sponsored by the NCAA. You are responsible for your own activities in connection with the National Preps Site, including your use of any National Preps products or services. Accordingly, you are responsible for knowing and complying with the NCAA’s rules, regulations, and laws or other similar rules, regulations, and laws (collectively, “NCAA Regulations”). National Preps is not responsible if you do not abide by NCAA Regulations (or any other similar rules or regulations) in connection with your use of the National Preps Site, and/or any National Preps products or services. If you act in violation of the NCAA Regulations, National Preps may take reasonable steps in response, including, but not limited to, termination of your access to and use of the National Preps Site and/or reporting of such conduct to the NCAA, the authorities, or other appropriate entity. National Preps does not knowingly promote any violations of NCAA Regulations (or any other similar rules or regulations).

10. MODIFICATION, SEVERABILITY, WAIVER, ASSIGNMENT, AND ENTIRE AGREEMENT

10.1. National Preps reserves the right to make changes to the National Preps Site, policies, and these Site Terms at any time. By continuing to use or access the National Preps Site after these Site Terms have changed, you indicate your agreement to the revised Site Terms. If you do not agree to the changes, you should stop using or accessing the National Preps Site.

10.2. Should any provision of these Site Terms be found unenforceable, wherever possible this will not affect any other provision, and each will remain in full force and effect. National Preps failure to expressly enforce any provision of these Site Terms does not waive its rights to enforce that or any other provision.

10.3. National Preps may assign, transfer, or delegate these Site Terms or any right or obligation or remedy hereunder (in whole or in part) in its sole discretion. You may not assign, transfer, or delegate these Site Terms or any right or obligation or remedy hereunder (in whole or in part), without National Preps prior written consent.

10.4. These Site Terms, National Preps Privacy Policy, National Preps Acceptable Use Policy, and any other agreement between you and National Preps (including your National Preps Agreement, where applicable) constitute the sole and entire agreement between you and National Preps regarding the National Preps Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the National Preps Site.

11. NOTICE FOR CALIFORNIA USERS 

Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.

12. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT Please send an email to National Preps at [email protected] if you believe any materials on the National Preps Site infringe your copyright.

13. OPERATOR 

This website is operated by National Preps, with a business address of 125 Mound Avenue, Excelsior, MN 55331.