Nash Academy
Terms of Use/Privacy Policy

TERMS OF USE

Welcome to the nashacademy.com website (the "Site"), owned and operated by Nash Academy - KY, Inc. By using the Site, you agree to follow and be bound by the following terms and conditions concerning your use of the Site ("Terms of Use") and our Privacy Policy. We may revise the Legal Terms of Use and Privacy Policy at any time at our sole discretion and without notice to you. Areas of the Site may have different terms of use posted. If there is a conflict between the Terms of Use and terms of use posted for a specific area of the Site, the latter shall have precedence with respect to your use of that area of the Site.

1. Use of Web Site Information


You may download, view, copy and print documents and graphics incorporated in these documents (the "Documents") from the Site subject to the following: (a) the Documents may be used solely for personal, informational, non-commercial purposes; and (b) the Documents may not be modified or altered in any way. Except where your use constitutes "fair use" under United States copyright law, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any information from this Web site in whole or in part without the express authorization of Nash Academy - KY, Inc.

2. Service Offerings


The services offered on this Site are solely for your own use, and not for the use or benefit of any third party. Nash Academy - KY, Inc., may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. Nash Academy - KY, Inc. may also impose limits on certain features and services, or restrict your access to parts or all of the Services without notice or liability.

3. Use of Forums and Public Communication


"Forum" means a discussion group, chat area, bulletin board, news group, letter to Nash Academy - KY, Inc., its webmaster or employees, or e-mail function offered as part of the Site. You agree not to upload, email, post, publish or otherwise transmit through a Forum any content that: (a) is false or misleading; (b) is defamatory; (c) is harassing or invades another's privacy, or promotes bigotry, racism, hatred or harm against any group or individual; (d) is obscene; (e) infringes another's rights, including but not limited to intellectual property rights; (f) constitutes unsolicited bulk e-mail, "junk mail," "spam" or chain letters; or (g) violates any applicable laws or regulations. Forums shall be used in a noncommercial manner only. You shall not distribute or otherwise publish any content containing a solicitation of funds, promotion, advertising, solicitation for goods or services, or other commercial matter. You agree not to solicit other users of the Site to use or join or become members of any commercial online or offline service or other organization. Except where expressly authorized by Nash Academy - KY, Inc., you agree not to collect or store personal data about other users.

By uploading, emailing, posting, publishing or otherwise transmitting content to any Forum or submitting any content to Nash Academy - KY, Inc., you automatically grant (or warrant that the owner of such rights has expressly granted) Nash Academy - KY, Inc. a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, transmit and distribute such content on in any form, medium, or technology now known or later developed. To the extent allowed by law, you also assign and waive all rights of integrity, disclosure and withdrawal and any other rights that may be known as or referred to as "moral rights." To the extent you retain any such Moral Rights under applicable law, you hereby ratify and consent to any action that may be taken with respect to such moral rights by Nash Academy - KY, Inc. and agree not to assert any Moral Rights with respect thereto.

4. Passwords and Security


As a condition to using the Site, you may be required to register with Nash Academy - KY, Inc. and select a password and user name. Subscriber shall provide Nash Academy - KY, Inc. with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You are responsible for maintaining the confidentiality of any password(s) you are given to access the Site, and are fully responsible for all activities that occur under your password(s). You agree to notify Nash Academy - KY, Inc. immediately by email at info@nashacademy.com of any unauthorized use of your password(s). Nash Academy - KY, Inc. is concerned about the security of personal information we have collected from you and has taken reasonable steps to prevent unauthorized access to that information.

5. Termination of Use


You agree that Nash Academy - KY, Inc. may, at its sole discretion, at any time terminate your access to the Site and any account(s) you may have in connection with the Site. Access to the Site may be monitored by Nash Academy - KY, Inc.

6. Third Party Web Sites, Content, Products and Services


The Site may provide links to Web sites and access to content, products and services from third parties, including affiliates of the Site. You agree that Nash Academy - KY, Inc. is not responsible for the availability of, and content provided on, third party Web sites. You should refer to the policies posted by other Web sites regarding privacy and other topics before you use them. You agree that Nash Academy - KY, Inc. is not responsible for third party content accessible through the Site, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of or reliance upon such content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party and not Nash Academy - KY, Inc.. You agree that Nash Academy - KY, Inc. is not responsible for: (a) the quality of third party products or services; and (b) fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services. You agree that Nash Academy - KY, Inc. is not responsible for any loss or damage of any sort you may incur from dealing with any third party.

7. Disclaimer


EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND/OR SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NASH ACADEMY - KY, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NASH ACADEMY - KY, INC. MAKES NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. NASH ACADEMY - KY, INC. SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE. NASH ACADEMY - KY, INC. RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE AT ANY TIME WITHOUT NOTICE.

8. Limitation of Liability


IN NO EVENT, SHALL NASH ACADEMY - KY, INC. BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

9. Indemnity


You agree to defend, indemnify, and hold harmless Nash Academy - KY, Inc., its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Site.

10. Privacy Policy


Nash Academy - KY, Inc. is concerned about your privacy and has developed a policy to address privacy concerns. You can find the current privacy policy lower on this page.

11. Note About Children


The Site is not targeted for or intended for use by Minors [those under the age of eighteen (18) years]. We ask that Minors do not use this Site or submit any personal information to us.

12. Export Restrictions/Legal Compliance


You may not access, download, use or export the Site, or the content, software, products or services provided on the Site in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the services and products of Nash Academy - KY, Inc. in violation of any such restrictions, laws or regulations, or without all necessary approvals, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction.

13. Applicable Laws


All matters relating to your access to, and use of, the Site shall be governed by U.S. federal law or the laws of the State of Kentucky. Any legal action or proceeding relating to your access to, or use of, the Site shall be instituted in a state or federal court in Lexington, Kentucky. You and Nash Academy - KY, Inc. agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

14. Copyright/Trademark Information


Copyright © 2004-2005, Nash Academy - KY, Inc.. All rights reserved. Other names appearing on the Site may be trademarks of their respective owners.

15. Contact Information


If you have any questions regarding these Terms of Use, please contact Nash Academy - KY, Inc. at info@nashacademy.com.


PRIVACY POLICY

This privacy policy ("Policy") covers the www.nashacademy.com website (hereafter the "Site") owned and operated by Nash Academy - KY, Inc. Because Nash Academy - KY, Inc. wants to demonstrate its commitment to our users' privacy, we are disclosing:

  • What personally identifiable information is collected from the Site.
  • How the information collected is used.
  • With whom Nash Academy - KY, Inc. may share user information.
  • What choices are available to users regarding collection, use and distribution of the information.
  • What types of security procedures are in place to protect the loss, misuse or alteration of information on the Site.
  • How users can correct any inaccuracies in the information.

If users have questions or concerns regarding this statement, they should contact The Site Customer Support by email at info@nashacademy.com.

Information Collection


Nash Academy - KY, Inc. is the sole owner of the information collected on the Site. A user's information is collected from several different points on our Site.

Registration


In order to use the Nash Academy - KY, Inc.'s services, a user must first complete the registration process. During registration, a user is required to provide contact information (such as name, email address, telephone number, home address, etc.), a unique identifier, and financial information (if user requires financial assistance to pay for training services). This information will be used to communicate with user, to approve user's qualification for professional career training, other offers, and/or products offered by Nash Academy - KY, Inc. or one of its affiliates, and if applicable, to approve user for financial assistance.

Log Files


Like most Web sites, our servers use log files to analyze trends, administer the site, track user's movement in the aggregate, and gather broad demographic information for aggregate use.

Clear Gifs


Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. The main difference between the two is that clear gifs are invisible on the page and are much smaller, about the size of the period at the end of this sentence. Clear gifs are not tied to user's personally identifiable information.

We may also use clear gifs in our HTML-based emails to let us know which emails have been opened by the recipients. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns. If at a subsequent date users would like to opt-out of these emails, please see the Opt-out section of the email.

Service Announcements


On rare occasions it is necessary to send out a strictly service related announcement. For instance, if our service is temporarily suspended we might send users an email. However, these communications are not promotional in nature.

Legal Disclaimer:


Though we make every effort to preserve user privacy, we may need to disclose personal information when required by law or where we have a good-faith belief that such action is necessary to comply with a judicial proceeding or administrative hearing, or other legal process served on our Site. For example, Nash Academy - KY, Inc. may disclose personal information to law enforcement, other government officials, or third parties in response to criminal or civil subpoenas. If we do receive a request to disclose a registered user's personal information, we will notify user of such request at the email or telephone number recorded in our database at that time. Users are advised to keep current, their contact information on file with us and update it accordingly.

Aggregate Information (non-personally identifiable):


We may share aggregated demographic information with our partners and advertisers. This is not linked to any personally identifiable information.

Business Transitions:


In the event Nash Academy - KY, Inc. goes through a business transition, such as a merger, being acquired by another company, or selling a portion of its assets, user's personal information will, in most instances, be part of the assets transferred. Users will be notified prior to a change of ownership or control of their personal information. If as a result of the business transition, a user's personally identifiable information will be utilized in a manner different from that stated at the time of collection, a user will be given a choice not to have his or her information used in this different manner, as described in the notification of changes section, below.

Links


This Site may contain links to other web sites. Please be aware that Nash Academy - KY, Inc. is not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our Site and to read the privacy statements of each and every web site that collects personally identifiable information. This Statement applies solely to information collected by this Site. Nash Academy - KY, Inc. may enter into advertising and affiliate relationships with third party web sites which drive interested parties to our Site. Information that is collected on these third party sites are not controlled by this Policy, and users are advised to read the separate privacy policies of these web sites.

Surveys


Periodically, our Site might request information from users via surveys. Participation in these surveys is completely voluntary and the user therefore has a choice whether or not to disclose this information. The requested information typically includes contact information (such as name and address), and demographic information (such as zip code). Survey information will be used for purposes of monitoring or improving the use and satisfaction of the Site. Users' personally identifiable information is not shared with third parties unless we give prior notice and a choice to opt-out. Though we may use an intermediary to conduct these surveys, they may not use customers' personally identifiable information for any secondary purposes.

Security


Nash Academy - KY, Inc. takes precaution to protect its users' information. When users submit sensitive information via the Site, their information is protected both online and off-line. We employ security measures to protect user-information off-line. All of our users' information, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job (for example, our billing clerks or a customer service representative) are granted access to personally identifiable information. Finally, the servers that store personally identifiable information are located in a secure environment.

Notification of Changes


If we decide to change our Policy, we will post those changes in this Policy, and other places we deem appropriate, so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We will use information in accordance with the privacy policy under which the information was collected.

If, however, we are going to use users' personally identifiable information in a manner different from that stated at the time of collection we will notify users via email. Users will have a choice as to whether or not we use their information in this different manner. In addition, if we make any material changes in our privacy practices that do not affect user information already stored in our database, we will post a prominent notice on our Site notifying users of the change. In some cases where we post a notice we will also email users, who have opted to receive communications from us, notifying them of the changes in our privacy practices.

Correcting/Updating/Deleting/Opting-Out Personal Information


If a user on this Site, upon registering to receive professional career training and/or financial assistance from Nash Academy - KY, Inc., thereafter desires to update or change user's registration information, stop receiving information from Nash Academy - KY, Inc. and/or remove his or her name from the company's database, send an email to info@nashacademy.com. The email should contain your name, address and contact information, and requested action. Please allow at least 5 business days for the requested action to be completed.

Contact Information


If users have any questions or suggestions regarding this Policy, please contact us at: info@nashacademy.com.
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