I. PURPOSE
The sole purpose of the monetary component of any pure, merit-based (PMB) awards branded under National Academy of American Scholars is that it may serve as an incentive to assist a donee in achieving his/her goals and/or aspirations, or as a means to recognize a person’s past accomplishments. However, it is not the express intent, nor the general intent, nor the specific intent that NAAS PMB awards be used for the purpose of financing an education at an institution of higher education, as defined by the Higher Education Act of 1965. Neither should a donative recipient rely upon or construe the monetary component of a PMB award solely and exclusively as an instrument to be used for the purposes of financing an education at an institution of higher education or as a form of financial aid. Notwithstanding the foregoing, conditions, terms, and provisions hereon do not prohibit donative funds from being used for any educational, humanitarian, scientific, and/or religious endeavor. It is the Award Recipient who ultimately controls the use and manner as to how such funds are budgeted and what for. Sponsor shall not subject any recipient and/or approved nominee to any audit, inquiries, or questions of any type with respect to how a donative recipient elects to use his/her funds.
II. STANDARDS AND EXPECTATIONS To be nominated and approved for any NAAS-branded award, a scholar Award Recipient must be willing to be subjected to a meticulous set of standards. These standards demand excellency, leadership, morals, maturity, integrity, intelligence, a command for the spoken and written word of English, and a respect for customs, rules, law, and the U.S. Constitution. The highest of expectations are demanded for each NAAS awardee.
It is neither the express intent, the general intent, nor the specific intent, that the monetary component of the subject award be construed or interpreted as a form of financial aid, loan aid, scholarship aid, grant aid, fellowship aid, prize aid, institutional aid, or any other form of quantifiable currency aid used for the purpose to finance or assist a person in financing an education at an institution of higher learning/higher education.
Each and every NAAS award recipient is expected to have demonstrated his/her committment to high achievement. We further expect each recipient to have already demonstrated his/her resolve to achieve various goals and aspirations. We do not expect for any PMB Scholar to lower the high standards he/she has set for himself or to accept mediocrity. Thus, the same high standards and expectations that were applied to select and approve a nominee shall not be diminished, reduced, or lowered for a recipient. Consequently, in the same sense that merit and other intangible factors are an essential ingredient to obtain a NAAS award, the exact same high standards shall also be an essential ingredient required to retain such an award.
III. NAAS Award, Generally Defined.
NAAS and PMB awards are derived from pure, merit-based competition. NAAS awards are not based upon the demonstration of financial need; are not based upon parental income; are not based upon affiliation status, demographics, ethnicity, choice of school, gender, innate athletic ability, and other factors that may be beyond the control of an applicant or donative recipient. PMB awards do not represent loans or grants, and are not be construed as a form of financial aid per the definition of the Higher Education Act since the funds associated therewith may be used for any educational, scientific, religious, and/or humanitarian endeavor. NAAS awards do not restrict competition based upon socially quantifiable or tangible factors.
IV. TRADITION
National Academy of American Scholars, National Academy of American Scholars, Inc., N.A.A.S., NAAS-USA Fund, NAAS-USA, LLC, etc., et al, and its respective predecessors, successors and/or assigns, (hereinafter to be collectively referred to as the “Companies”), have collectively sponsored, underwritten, and/or delegated the administration of pure, merit-based awards for nearly 15 years. The Companies have a tradition of excellence, integrity, and supreme ethics. We expect each award recipient to meet and/or exceed the high standards they have set for themselves. Past successful scholars have a track record of accomplishing their stated goals and endeavors. We do not, of course, guarantee that any recipient will be successful because we do not control nor dictate the variables of success. The master of the ship — the recipient — directs the oar and masthead and therefore controls his/her own fate. It is the hope of the Companies that each recipient will become a part of our tradition of successful scholars. The Companies do not guarantee any results.
The Companies shall have the right to expect and assume that any person nominated and/or approved for any NAAS Awards is a person of high integrity, unquestioned leadership and morals, demonstrated intelligence, maturity, have a compassion to better his/her community, be proficient in the use of the English language, be a respector of laws and customs, acts in a manner that upholds, benefits, and dignifies the philosophy upon which the subject awards are based upon, and continuously reciprocates and demonstrates the meritorious and high standards that were used to aid and/or assist in the selection process without diminishing nor devaluing the same, in law or in spirit.
V. WEB PRESENTATION
This web presentation (used interchangeably with 'web site') unless noted otherwise, may be sponsored by the Companies or authorized representatives of the same. The electronic domain address of the Companies is "naas.org". Information appearing in the web site is made available to the general public subject to the terms, provisions, covenants noted hereon as well as the set of NAAS EAS/N2 Rules indexed hereto. This web presentation is for information purposes only and is an addendum to printed NAAS literature distributed by or for the Companies. This web site is to be viewed only and exclusively on the World Wide Web computer network. Absolutely no portion of this web site is to be downloaded into any personal computer system or viewing device or electronic artifice or storage retrieval-based device for subsequent or continuous viewing apart from the World Wide Web computer network; such viewing may constitute a hazard to the host receptive system and a deliberate breach of the conditions noted herein; in such an event(s), neither the Companies nor its agents, contractors, members, representatives, etc, et al., shall be liable nor held accountable for any resultant damage(s).
VI. Disbursement of Awards
The disbusement and distribution of all NAAS awards shall be subject to current NAAS EAS/N2 rules. No awards or services are guaranteed. The quantity, type, value, term, and class of awards are subject to publicly posted NAAS EAS/N2 Rules. In a Closed or Open competition term, it is possible that absolutley no applicants will apply or that the pool of quality applicants that do apply does not constitute a sufficient quorom of compliant invitees and/or participants. In the event that no applicants submit completed applications, or in the event that the United States Postal Service, or any other third-party private courier service, or governmental agency, does not forward said subject matter to Administrator in a timely fashion, then it is possible, but not guaranteed, that no NAAS awards will issue. In the event that one or more applicants do submit applications but the majority pool of those applications are either incomplete, defective, tardy, non-compliant, then it is possible, but not guaranteed, that no NAAS awards will issue.
VII. Policy Statement Policy
All primary NAAS-branded awards shall be subject to the terms and conditions of a Policy Statement. A Statement should not be construed or interpreted as representative of all Policy Statements or PMB awards in general. It is the intent of each Policy Statement to reflects the goals and desires of the recipient; that it helps a recipient focus upon his/her goals by providing a written set of terms and conditions that summarizes his/her own goals; that each Statement has high achievable standards; that each Statement is fair with respect to the information and statements made by recipient; and, that each Statement reflects upon the high standards set by Sponsor. It is the intent that each Statement be unique to the extent of the specific requirements entailed. Policy Statements are generally based upon and completely derived from information and/or inducements supplied by the Award Recipient to the Companies, as well as information used by the Companies from independent professional associations and/or publications. This information may consists of, but is not necessarily limited to, information from the following sources: the award application submitted by Award Recipient; any oral telephone interview that Award Recipient may have engaged in with the Administrator or any Select Committee as part of the deliberative and/or nomination process; the official award Reply Notification Form; the Statement of Educational Goals authored by Award Recipient; any Curriculum Vitae submitted by Award Recipient; the perceived academic strength and reputation of the attending institution, if applicable, (as judged by independent periodicals such as U.S. NEWS & WORLD REPORT, etc.); the aptitude of the Award Recipient; and, other subjective and tangible factors that may assist Administrators and/or Select Committee in maintaining the high standards that are consistent with the NAAS brand. Notwithstanding the foregping, the core terms of a Policy Statement are derived almost exclusively from information produced by Applicant, but the Policy Statement may be amended, modified, revised, and update subject to mutual agreement by the donative recipient and the Companies.
VIII. Reflection of Goals and Desires
To ensure that a Policy Statement has been drafted to reflect the goals and desires of a recipient, prior to drafting any Statement, a donative recipient is always provided a preliminary set of terms and conditions. Each donative recipient is asked to confirm the information that he/she previously submitted on his/her application, and is asked to provide a Statement of Educational Goals prior to receipt of any funds. Each donative recipient is further requested to respond to an electronic Notice of Tentative Approval. The NOTA allows a donative nominee to object to any terms that may be included in a Policy Statement, to correct, alter, or modify any previous statements. A sample NOTA is summarized below:
Dear Nominee/Award Recipient:
The purpose of this electronic correspondence is to confirm that your nomination for the subject award has been tentatively approved.
DO NOT RESPOND TO THIS ELECTRONIC NOTICE UNLESS YOU WISH TO CANCELL YOUR NOMINATION AND/OR IF ANY INFORMATION YOU PREVIOUSLY PRESENTED IS INCORRECT OR OBSOLETE.
As you are aware, you previously submitted a Statement of Educational Goals with your semi-finalist package, and you were previously provided a general summary of the policy requirements based upon the information you submitted. The general terms will therefore be largely identical to the information you previously provided.
Based upon the information you have provided, the general terms of your award are as follows:
All Information appearing in your Statement of Educational Goals;
Applicable information appearing in the school catalogue, such as adherence to code of conduct rules, etc;
Commencing with the second semester or quarter of your freshman year, you must submit two (2) copies of your official course schedule to **Administrator no later than five (5) calendar days AFTER the beginning of each academic semester;
Commencing with the second semester or quarter, whichever is applicable, Award Recipient must submit two (2) official academic transcripts to the **Administrator within ten calendar days after the end of each semester or quarter, whichever is applicable;
Award Recipient must personally acknowledge each and every donative payment received by Administrator no later than fourteen calendar days after the post-mark date of which the mailed award payment(s) was/were sent in or no later than ten calendar days after postal arrival of the affected donative payment(s), which ever is sooner. Acknowledgement by Award Recipient may be by first-class mail or electronic correspondence.
You have been tentatively approved. Barring your electronic objection to any of the foregoing terms within 10 calendar days of receipt of this notice, the Selection Committee will move to approve your nomination no later than 30 calendar days past hence; and, you will be remitted your first donative payment within that time period.
If any of the information you previously submitted is incorrect, is obsolete, or has changed, or you simply wish to cancel your nomination then you must notify us via electronic means at the e-mail address above no later than 10 calendar days of receipt of this notice and use "NON-APPROVAL" in the subject header. In the content section, you may specify which information you previously submitted is incorrect, obsolete, or has changed, or you may leave the content section blank.
IX. INTENDED AUDIENCE
The intended audience of this website is current and prospective purchasers of NAAS-branded products and services whom have a legitimate need to use, consume, or otherwise utilize the advertised products and/or services for the specific purposes as noted in the web presentation and not for any bad faith motive(s) or for reasons in which the Companies would not expressly approve of if known in advance. such is the named Award Recipient herein, the Companies, as well as any authorized agent(s) and/or assigns of the Companies. This document is designed to be interpreted, read, and understood only by persons that are an express party to this agreement. The length, detail, and substance is a function of the intended audience, and program tradition.
X. RENEWAL OF AWARD
All primary NAAS awards, unless expressly stated otherwise, may be renewed annually subject to discretion of Sponsor after first completing eNAAS EAS/N2 Form 000 within 10 calendar days of first anniversary of award.
XI. Administrative Office
For administrative correspondence unrelated to any products and/or services, correspondence may be addressed to : 601 South Figueroa Street., Suite#4050, in the city of Los Angeles, county of Los Angeles, state of California.
All paper-formatted and interstate correspondence accepted subject to NAAS EAS/N2 Rules, Rule 13 et seq. All requests for literature or forms must be in writing. Company neither makes nor accepts telemarket telecommunication requests for literature. Verbal orders/requests not accepted. Company policy is AVO, Avoid Verbal Orders. Phone inquiries by NAAS Subscribers may be submitted to our 1-800 number.
XII. Definition of 'Reader' and Responsibilities of 'Reader'
WHEREAS, the term "Reader" is employed to denote and define any natural person, entity, company, corporation, governmental agency, limited liability company, partnership, domestic non-profit entity, off-shore entity, trust, or association, university, college, educational institution, irregardless of where domiciled and the governing jurisdiction thereof, who views, reads, or accesses any page, part, or portion of this web presentation, including the submission of any electronic correspondence or the transmission of any digital communication signal to the server that stores or hosts this web presentation, or who participates in ANY aspect of ANY of award programs announced, reported upon, or sponsored by the Companies whether such participation is direct or indirect;
WHEREAS, Reader expressly acknowledges that this web presentation is being presented and accepted on an "AS-IS" basis, and is being accepted without any representation or warranty. Reader hereby unconditionally and irrevocably waives any and all actual or potential rights Reader might have against the Companies and each of it's respective partners, sponsors, officers, directors, shareholders, employees, agents, successors, and assigns regarding any form of representation or warranty express or implied, of any kind or type, relating to this web presentation. Such waiver is absolute, complete, total and unlimited in every way. Such waiver includes, but is not limited to, a waiver of express warranties, implied warranties, warranties of fitness for a particular use, warranties of merchantability, warranties of habitability, and warranties of every other kind and type;
WHEREAS Reader, expressly consents to an EXCLUSIVE REMEDY; i.e, READER AGREES THAT THE ENTIRE LIABILITY OF THE COMPANIES, JOINTLY AND SEVERALLY, INCLUDING ITS LICENSORS, AGENTS, AFFILIATES, SUBSIDIARIES, AND PARENT COMPANIES, ET CETERA, AND READER'S EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO ANY SERVICE(S) PROVIDED AND/OR ADVERTISED ON THIS WEB PRESENTATION OR MADE A PART OF THIS AGREEMENT AND/OR FOR ANY BREACH OF THIS AGREEMENT, IS SOLELY LIMITED TO THE TOTAL AMOUNT READER PAID FOR SUCH SERVICE(S) AND/OR PRODUCTS. IN NO EVENT SHALL SPONSOR, THE COMPANIES, PARENTAL COMPANIES OF THE COMPANIES (FOREIGN AND/OR DOMESTIC), ITS LICENSORS, AGENTS, AFFILIATES, AND CONTRACTORS (INCLUDING AGENTS, AND AFFLIATES RELATED THERETO, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES EVEN IF SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT A STATE DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN THE LIABILITY OF SPONSOR. , AS WELL AS CURRENT WEBSITE REGISTRANT, ETC, ET AL, IS LIMITED TO THE EXTENT PERMITTED BY LAW IN SUCH STATES. Sponsor, its affliates, agents, contractors, and its licensors, etc., et al, disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from errors, omissions, or misstatements in any and all information or service(s) provided under this agreement; (5) loss or liability relating to the deletion of or failure to store e-mail messages and e-mail addresses obtained through any of the services featured in this web presentation; (6) loss or liability resulting from the development or interruption of this web site; (7) loss or liability from your inability to use any of the electronic services featured in this web presentation, or any component of the electronic services featured, used, or displayed in this web presentation; (8) loss or liability that you may incur in connection with our processing of your award, our processing of any orders or purchases of any of our electronic or paper-formatted versions of Scholarship Watch newsletter, as well as any other newsletters currently being published or publishered hereafter by or for Sponsor, or contractors, agents, and/or affiliates of the same;(9) loss or liability as a result of the application of our dispute policy; or (10) loss or liability relating to limitations, incompatibilities, defects, or other problems inherent in xml, xkms, html, php, cgi, java, javascript, vbscript, or any other standard not under the sole control of Sponsor, or its authorized agents, contractors, and/or affilates;
WHEREAS, Reader expressly agrees that the Companies is a passive conduit or distributer of the editorial opinions, ideas, sentiments, and expressions of the Publisher and donors, and that the Companies does not in any way, shape, fashion, or form, exercise any editorial control over any editorial content, screen any messages, or screen any statements or news articles posted by Publisher prior to publication, it is the responsibility of the Reader to bring to the attention of the Companies any alleged defamatory, false, misleading, inaccurate information, by making a written complaint about the objectionable material, specifying the statement(s) in question, and addressing such concerns via an appropriate and approved electronic form authorized by The Companies;
WHEREAS, Reader unconditionally consents to use by the Companies as well as all affiliates, agents, contractors, subcontractors, representatives of the same, of any submitted correspondence and material, including Reader's name(s) and likeness(es) for advertising, public commentary, public debate, or trade purposes without limitation or further compensation, unless specifically prohibited by law. Reader also consents to the the use of their name(s) and likeness(es) in conjunction with the name(s) and likeness(es) of the Companies and affiliated entities, and agrees to waive any right to edit or change any final artwork or any other material containing the Reader's name;
WHEREAS, Reader expressly acknowledges that this web presentation is private property and the use, access and entry into, and visitation of such property by Reader is a privilege conferred by the Companies upon Reader with the mutual understanding that Reader will adhere to all of the rules, terms, and provisions cited in this web presentations, as well as those applicable rules, terms, and provisions cited in this legal disclaimer. Reader understands and unconditionally accepts the fact that the privilege conferred by the Companies upon Reader may be revoked, terminated, or suspended at any time without reason and without explanation. Reader understands and unconditionally accepts the fact that in the event that Reader has been requested to CEASE, DESIST, and REFRAIN from visiting this web site and/or reqested to CEASE, DESIST, and REFRAIN from contacting or communicating with any agent, representative, or assignee of the Companies that he/she/it must in fact immediately CEASE, DESIST, and REFRAIN from visiting this web site and CEASE, DESIST, and REFRAIN from doing and engaging in the act(s) or things complained of until such visitation privileges and/or telephone priveleges have been fully and expressly restored by the Companies in writing. Reader unconditionally accepts the fact that a failure to adhere to any CEASE, DESIST, AND REFRAIN order by the Companies constitutes, among other things, harassment, trespassing, etc., and that Reader may be liable for such act(s) in a criminal, administrative, and/or civil proceeding. In the event that Reader cannot be located, or refuses to provide his/her actual name, actual home address, or other identifying information that either verifies or proves that he/she is or was a legitimate and good faith participant in the subject program or service in which he/she allegedly participated in or that verifies the information submitted or provided by Reader is or was an accurate identification of the Reader then Sponsor may use and all means consistent with and pursant to the laws of the state of California to inform Reader that he/she is in violation of posted NAAS EAS/N2 Rules. A notice of the violation may be posted via any public forum under the heading CEASE, DESIST, AND REFRAIN.The general intent of said notice is to inform the same that he/she is in violation of explicit NAAS EAS/N2 Rrules and that his/her privileges have been revoked; Reader, therefore, unconditionally agrees and consents to allowing the Companies as well as all affiliates, agents, contractors, subcontractors, and representatives of the same, to post all relevant and pertinent identifiable information on this web site, as well as the websites of any authorized agent or affiliate related thereto, to inform the Reader that his/her/its visitation and/or communication privileges have been revoked. Reader further agrees that the Companies reserves the right to request and receive basic information about any Reader, such as his/her name, home address, and place of employment, and if Reader claims to be communicating to the Companies or any agent or contractor of the Companies on behalf of a third-party such as a son or daughter or alleged relative, then Reader must provide the name and other identifying information of that person as well; a refusal to abide by the request shall constitute sufficient reason to revoke;
WHEREAS, by accessing this web site, Reader expressly states that he/she/it has a legitimate need to view, access, and observe this web site. Reader expressly states he/she/it is either eligible, or anticipates on being eligible for one or more of the advertised award programs; or that Reader is accessing this web site on behalf of a third party who is is either eligible, or anticipates on being eligible for one or more of the advertised award programs; or that Reader is a certified and accredited educational institution or school with a population of at least 10 students who is either eligible, or anticipates on being eligible for one or more of the advertised award programs; or that Reader has a legitimate interest in accessing this web site for legitimate and mutually beneficial commercial purposes as evidenced by the submission of purchase orders, registering his/her e-mail address with this web site, making outright purchases or subscriptions to NAAS-branded products, newsletters, or other periodicals, the submission of legitimate written or electronic inquiries concerning mutually beneficial capital partnerships, or other evidence showing the Reader is a legitimate user;
NOW, THEREFORE, without limiting the generality of the foregoing, Reader completely, irrevocably and unconditionally indemnifies, holds harmless, releases and forever discharges the Companies and each of its respective partners, contractors, affiliates, subcontractors, co-sponsors, prime-sponsors, officers, directors, shareholders, trademark registrant(s), employees, agents, member(s), successors, and assigns of and from any and all claims and demands whatsoever, in law or equity, whether such claims are presently known or unknown, direct or indirect, fixed or contingent, which Reader has had, now has or may claim to have against the Companies The terms, covenants, conditions, provisions, obligations, undertakings, rights and benefits hereof shall be binding upon, and shall inure to the benefit of the Companies etc., et al, and Reader, and their respective heirs, executors, administrators, representatives, successors and assigns. No person, firm or other entity other than the parties hereto(specifically, the Companies and each of its respective partners, contractors, affiliates, subcontractors, co-sponsors, prime-sponsors, officers, directors, shareholders, trademark registrant(s), employees, agents, member(s), successors, and assigns, and Reader) shall have any rights or claims under this web presentation. By accessing this web site, Reader expressly agrees to abide by and unconditionally accept all of the terms, conditons, and provisons mentioned herein and hereunbelow.
XIII. Non-Solicitation and Addendum Absolutely no information in this web presentation should be construed as an offer to solicit participation in any of the named award programs referenced herein but rather such information is merely an addendum to the Information Packet referenced hereinabove. Eligible participants should first consult with a professional financial aid counselor or a licensed guidance counselor for advise in regards to the suitability of any of the featured award programs as measured against the student's individual needs and/or desires. Any award programs sponsored by the Companies are not guaranteed in whole or in part. NAAS-branded awards are awarded based soley upon merit and the retention of which is reciprocal. Sponsor sponsors two types of primary awards: NAAS-USA Awards, and the NAAS-II awards. Unpublicized grants may also be provided. There are five categories of primary awards, namely, the NAAS Platinum, Gold, Silver, Bronze, and NAAS-II. Each of the primary awards are renewable subject to the express provisions of each individual Policy Statement per donee. Amounts of each may vary from Term to Term, and past Terms should not be relied upon indicative or predictive of future Terms. Each of the primary awards may be renewable for at least three years and subject to compliance with the respective recipient's Award Policy Statement. The amounts and terms of each award are subject to change without notice, and , in fact, have changed over the years. All payments are disbursed in installment payments, and it these installments that may be renewed successively subject to the express conditions and terms of each applicable award.
XIV. Matters of Public Interest
All speech and commentary appearing in this web site concerning figures or public officials, or speech concerning matters of public interest is constitutionally protected by the First Amendment of the U.S. Constitution, as well as California Code of Civil Procedure section 425.16, California Civil Code section 47 et seq., Federal Rules of Civil Procedure, as well as the recent enactment of California Senate Bill 1296, as well as the standards applied in New York Times Co. v. Sullivan, 376 U.S. 254, 84 Supreme Court 710m 11 L.Ed.2d 686 (1964), and Article I, Section 2 of the Constitution of the State of California. Any viewpoints or opinions expressed herein are solely the viewpoints, ideas, sentiments, beliefs, or opinions of the Publisher or the respective author(s), and said viewpoints, ideas, sentiments, beliefs, or opinions, do not necessarily reflect the viewpoints, ideas, sentiments, beliefs, or opinions of either the Companies or any other affiliated entities mentioned herein unless specifically noted otherwise. No part of this publication or web presentation, other than the subscription form for Scholarship Watch newsletter, may be reproduced in whole or in part, in any form by print, photoprint, microfilm, mimeograph, facsimile, hyperlink to other web sites, or any other printed orelectronic means now known or hereafter invented, or for presentation on radio, television, videotape, or film without explicit and authorized permission of counsel for National Academy of American Scholars.
XV. Disclaimer of Posted Information
This site is being updated continually and some portions of this web presentation may not represent current facts. In the event that there is a conflict or discrepancy between whatever printed literature is produced by N.A.A.S., or agents or affliates of the same, including filed public information documents, versus the information published in this web site, then the information present hereon takes precedence. Site owner is not responsible or liable for any typographical, editing, lack of current information, or any other error(s) induced or created by site Webmaster in any portion of this web site. Neither is the Companies liable for any typesetting error(s) appearing upon the Companies printed literature and/or stationery. the Companies including any and all affiliates of the same, do not and will not assume any responsibility for lost, late, mis-directed, mutilated, postage-due, incomplete, and illegible applications; such entries are subject to disqualification. Likewise, the Companies , including any affiliates of the same, does not and will not assume any responsibility for mis-typed e-mail addressess, clogged e-mail address boxes, truncated e-mail notices, mis-directed e-mail notices, unsecure e-mail notices, undeliverable e-mail notices, incomplete e-mail notices or any type of technological or software glitch(es) associated with the transmission and/or reception of correspondences sent/received via an electronic medium. the Companies does not and cannot guarantee that any Reader/e-mail registrant will receive any information sent via e-mail, and neither can we guarantee that any Reader/registrant will receive any services via the medium suggested even if said Reader/registrant has in fact registered his/her/its e-mail address with the Companies ; services rendered through e-mail is only as reliable as the technology that is used to process the request.
XVI. Property Rights and Use of Submitted Material
All materials and correspondence submitted to the Companies, irregardless of the mode or manner of the transportation thereof (namely, via e-mail, regular first-class mail, certified express mail, freight, shipping, courier, air, bicycle, walk-ins, hand-delivery, telephonic, facsimile, Federal Express, etc.) shall become the exclusive property of the Companies and/or any agent(s), contractors, principals, assignees, in which the Companies may have assigned the rights to such material and/or correpondence. Such property rights shall extend to and include the successors, assigns, or other authorized representative(s) of the Companies No property, material, correspondence, or any items sent by applicants, subscribers, purchasers of the Companies products and services, shall be returned to sender/purchaser and nor will any attribution be necessarily afforded to the sender or provider of such material; such material is subject to the terms, provisions herein. Therefore, applicants should not submit any material and/or documents in which they wish to retain.
By participating in any of the subject merit-based award programs, each applicant, nominee and award recipient also consents to the sponsor's use of submitted entry material, including winner's name(s) and likeness(es) for advertising or trade purposes without limitation or further compensation, unless specifically prohibited by law. Nominees and award recipients must also consent to the sponsor's use of their name(s), essays, etc., and likeness(es) in conjunction with the name(s) and likeness(es) of the Companies and affiliated entities, and must waive any right to edit or change any final artwork or any other material containing the award recipient's (and/or nominee's) name, material or image; a breach of any consent, or in the event of any legal proceeding instituted by either the beneficiary school or donee, shall void the award and the adverse breaching parties (meaning the donee and/or school) shall be jointly and severally liable for re-paying all monies paid to the beneficiary school plus legal interest added thereon.
XVII. Official NAAS Electronic Correspondence Policy, and relevant definitions
The term "electronic communications" is defined by 18 U.S.C. section 2510(12). Subject to the terms and provisions of this legal disclaimer, all electronic communication from and to Sponsor, its agents, affiliates, assigns, etc., et al, is generally considered to be private and confidential and is intended solely for the respective recipient. Any controversy or misunderstand shall be adjudicated in the State just mentioned. Absolutely no part of any electronic communication authored or communicated by Sponsor, its licensors, agents, and affiliates, may be re-transmitted, photo-copied, electronically copied and re-distributed, or posted or published in any other communication, memoranda, media content, electronic bulletin board, e-mail subscription service, magazine, periodical, or any other type of forum without the express written consent of either sponsor, or an authorized representative, partner, or agent of the same; violaters may be prosecuted accordingly, and any claims or representations by any third party to the contrary are to be considered as false and untrue. In the event that any the Companies message was sent in error to an intended recipient, it is the duty of recipient to inform sender within 72 hours upon receipt. As a general rule, all electronic correspondence sent by on-line hosts, employees, agents, officials, or volunteers of the Companies etc., et al, is not to be intended nor construed nor represented as an official representation of the Companies , its affiliates, licensors, prime agents, or the officers and directors of the Companies. Official correspondence from the Companies must be either signed by an officer, agent, or employee of the Companies , or embossed with an official corporate the Companies seal, or sent on official the Companies stationery. However, by forwarding any electronic communication Sponsor, or to any authorized agent(s) and/or affiliate of the same, sender expressly consents to all of the rules and provisions of this web presentation and is therefore expected to have first read and/or become knowledgeable about each and everyone of the Frequently Asked Questions section of this web site.
XVIII. Official NAAS Policy on School Endorsements
With respect to any school, university, or institution named, mentioned, or referenced, in any section of this web presentation, such a depiction should not be construed or interpreted as an express or implied endorsement or recommendation of the named schools by the Companies. With respect to any university or institution specifically named, mentioned or referenced, in the "Hall of Scholars" table or the "Testimonials" listing, such a depiction should not be construed or interpreted as an express or implied endorsement or recommendation of the named schools by the Companies ; and, neither should such a listing be construed or interpreted as an express or implied endorsement or recommendation of the Companies service by the named university or institution, including any personnel associated or employed by the same, unless expressly or explicitly stated otherwise. The Companies does not recommend or endorse any school or university.
XIX. Official NAAS Policy on Company Endorsements
With respect to any company named, mentioned, or referenced, in any section of this web presentation, such a depiction should not be construed or interpreted as an express or implied endorsement or recommendation of the named company by the Companies ; and, neither should such a listing be construed or interpreted as an express or implied endorsement or recommendation of the Companies service by the named company, including any personnel associated or employed by the same, unless expressly or explicitly stated otherwise. The Companies does not generally recommend or endorse any company but may promote the products and/or services it has a vested interest in.
XX. Official NAAS Policy on Modifications, Revisements, and Alterations
MODIFICATIONS. Except as otherwise provided hereon, Reader agrees that the Companies may: (1) revise the terms and conditions of any of the services, prices, terms, provisions, conditions mentioned or advertised in this web presentation, as well as the conditions and terms of the disclaimer and agreement noted herein; and/or (2) change, modify, alter, delete, any part or portion of any of the services advertised on this web presentation at any time. Any such revision or change will be binding and effective 30 days after posting of the revised policy or change to the service(s) on this web site, or upon general via a posting upon the news page portion of our website located at our NAAS NEWS section. Reader agrees to periodically review this web presentation, specifically the NEWS section, as well as the current version of this Disclaimer and to apprise himselg or herself of any such revisions. Except as expresssly noted otherwise, all fees for products and/or services bought or respectively used SHALL NOT be refunded. By continuing to use any services currently advertised or sponsored in this web presentation., or subsequently advertised in this web presentation, after any revision to this disclaimer or revison to any policy or provision, or change in service(s), Reader expressly agrees to abide by and be bound by any such revisions or changes. Neither Sponsor, or its affiliates, partners, agents, contractors, employees, volunteers, etc., et al., are bound by nor should Reader rely on any oral representation by (i) any agent, representative or employee of any third party that Reader may use to apply for or purchase the service(s) and/or products advertised in this web presentation; or in (ii) oral descriptions of any information or services posted on this web presentation of a general informational nature. No employee, contractor, agent or representative of Sponosr is authorized to make oral alterations, oral amendments, or oral modifications to to any of the terms, provisions, and conditions of the notice hereon or any part or portion of this web presentation.
XXI. Official NAAS Policy on Requests for NAAS literature via U.S. Mail
National Academy of American Scholars generally does not accept requests for literature via U.S. mail unless such requests are initiated by requestor. On all requests received for NAAS literature via the U.S. mail, standard handling fee shall apply. This fee may vary from Term to Term. When requesting forms by mail, NAAS does not accept personal checks. Only money-orders, cashier's checks. All requests by mail must be accompanied vy a self-addressed, stamped envelope with postage pre-paid thereon. Absolutely no literature, including applications be sent via first-class mail unless both handling FEE and SASE are sent. All requests sent via U.S. mail must have the name and address of the sender clearly and legibly identified on the outer mailing envelope, must be directed to the appropriate address, and must be sent within the time frame, Application Request period, authorized by the Sponsor. Subject to all conditions and rights stated hereon and made a part hereof, please allow at least 2 to 8 weeks after receipt of and verification of funds for requests via U.S. mail to be processed. Distribution agent reserves the right not to respond to incomplete, unidentifiable, defective, ineligible, illegible, improperly addressed, postage-due, late, early, under-paid, or incorrect requests sent in by U.S. mail. Do not send any inquiry correspondence, transcripts, records of any type, or any other unsolicited correspondence to this mailing address other than the required HANDLING FEE and SASE; any other correspondence will not be responded to. Unsolicited correspondence, mistaken correspondence, materials, photos, etc., and the like, sent will not be returned under any condition, and will be subject to disposal. Subject to NAAS EAS/N2 Rules, and the notice hereon, non-compliant requests for any NAAS products, literature, and/or services, may not be responded to, or may be adversely delayed. Awards disbursed subject to NAAS EAS/N2 Rules. Terms, amount, and type of awards subject to change without notice.ABSOLUTELY NO REFUNDS.
XXII. Official NAAS Policy on Requests for NAAS literature via Walk-ins or Phone or Facsimile
NAAS does not accept any requests for NAAS literature from walk-ins, phone-ins, or facsimile requests. will be accepted. Requests received by U.S. mail are only fulfilled between the application request period noted.
XXIII. Official NAAS Definition of Handling fee vs. Application fee, and Special Postal fees
The "handling fee" is not the same as an "application fee" or a "processing fee." The handling fee is not a fee for the payment of any goods. The handling fee is a self-exaplantory charge meant to defray expenses. Fees may be waived from time to time on a case by case basis.
Only NAAS Subscribers are authorized to send special delivery correspondence to an NAAS agent. All correspondence regarding requests for paper-formatted NAAS literature must be accompanied by a standard handling fee along with an SASE. For all material or correspondence sent via ceritified mail to Sponsor or agents or licensors of Sponsor, a $10.00 administrative and pick-up fee may aldo be assessed to non-NAAS Subscribers and this fee MUST be paid before the package is opened or picked up otherwise the unopened package may be returned to sender.
An expense fee is assessed against all persons that are not oor not purchasers whom elect to send any package(s), matter, or correspondence to NAAS-USA FUND, or a National Academy of American Scholars agent, that encompasses the utilization of a United States Postal Service certified mail service, United States Postal Service Express mail service, a United States Postal Service Over-night mail service, or a FedEx service, or a United Parcel Service, or any other private courier system.
Use of special delivery services typically require extra time, extra labor, and extra expense of an NAAS agent or Administrator.
XXIV. Official NAAS Policy on Disqualification and/or Adverse grading
Disqualification and/or adverse grading of award application(s) may result for failure to follow any instructions associated with the subject award program. The Companies reserves the right not to respond to incomplete, illegible, postage-due, defective, late, early, insufficient-fee, or incorrect requests sent in by first-class United States mail and requests originating from jurisdictions outside the United States. the Companies reserves the right to impose, without further notice, an additional expense(s) for such incomplete, defective, or incorrect application requests in an amount not to exceed the total of $10 per violation per individual; and, said additional expense(s) shall in fact be non-refundable with respect to all award programs sponsored by the Companies.
XXV. Official NAAS Policy on Processing Fees
Processing fees are fees paid to process a submitted application for an NAAS award(s). Processing fees may be assessed for either paper-based for paid NAAS Subscribers who use an NAAS approved electronic form for submisstion of application data. For paper-formatted application forms, NAAS programs typically have a mandatory processing, administrative, and/or application fee for applicants and candidates whom elect to use U.S.-mail based applications. A processing fee for NAAS awards has been in place since 1988. Just as with any other business endeavor that utilizes live, experienced, and knowledgeable personnel and tangible supplies and equipment, a processing fee serves several main functions:
A processing fee may encourage candidates to demonstrate their seriousness about the application process;
A processing fee may and typically reduces the number of frivilous applicants;
A processing fee helps reduce labor, administrative, fuel costs, and general expenses for costs and services incurred.
Fees associated with an NAAS application to the subject merit award programs represent costs incurred or expected to be incurred for services provided, including costs incurred for labor, materials, data processing, digitization of forms for electronic display, and other electronically and non-electronically incurred expenses.
XXVI. Official NAAS Policy on personal responsibility of Readers, Applicant and NAAS Subscribers
All Readers, applicants, and NAAS Subscribers, are explicitly responsible for reading, adhering to, and understanding all instructions and statements associated with or made a part of the application process, subscription process, award renewal process, as well as material regarding processing fees, and subscription fees.
It is the responsibility of each and every applicant, subscriber, user, and/or participant to any of the advertised NAAS products and/or services, including NAAS awards, that are sponsored by and/or associated with Sponsor, to first read, understand, and adhere to all applicable rules, terms, conditions, noted in the subject web presentation, and to specifically adhere to all NAAS EAS/N2 Rules related thereto, and made a part hereof.
XXVII. Official NAAS Refund Policy
Refund policy is governed by NAAS EAS/N2 Rules in general, and more specifically by NAAS EAS/N2 Rule 40 and NAAS EAS/N2 40-A. In general, there are ABSOLUTELY NO MONETARY REFUNDS unless the affected order is/was affected by an incurable mistake, product defect, or flaw induced or caused by vendor, and such request for refund is made no later 30 calendar days after vendor's receipt of purchase. All transactions that do not meet the foregoing conditions of a refuns are hereby demeed final, and not subject to dispute, debate, or any form, manner, or type of arbitration. Refunds are also prohibited to persons who have, or who are believed to have, submitted false, misleading, and/or deceptive information to the Companies , or who have willfully or neglectfully omitted material information that could have been used in the selection process, or who have altered, defaced, multilated, or materially changed application form in any way, any form, or any manner; all applicable transactions are final and not subject to dispute. This refund policy has been incorporated by the agents and assigns of the Companies , and therefore the refund policy herein also constitutes the refund policy of any organization, person, or entity, licensed or affiliated by the Companies with respect to the sponsorship or administration of the subject program.
XXVIII. Official Affirmation and Oath by Applicant (NAAS EAS/N2 Notice 0001)
By submitting an award application to N.A.A.S., or its licensors, agents, assigns, and/or affiliates, applicant affirms the facts below and agrees to all of the conditions and terms expressed hereon:
That Applicant is either a high school senior and is enrolled in either a public, private, parochial, magnet, Charter, Bureau of Indian Affairs School secondary school located in the United States or is enrolled in a Department of Defense Armed Services school supported by the United States government or that applicant is an eligible college freshman or sophomore that is attending a instituition of higher learning located in the United States of America, or some province, territory, or region under U.S jurisdiction;
That Applicant intends to use the monetary proceeds of the award for either educational, religious, scientific, or humanitarian purposes;
That Applicant has a cumulative G.P.A. of at least a "C" or higher at time of application;
That Applicant is a U.S. Citizen or Permanent Resident or that applicant is in the process of becoming a Permanent Resident, if appying for an NAAS-USA Award;
That Applicant is aware of, fully accepts, and unconditionally agrees to the provision that supplying false, deceptive, or misleading information, submitting the information requested hereon in bad faith, or willfully omitting material information in order to obtain a merit award is grounds for disqualification;
That Applicant is aware of, fully accepts, and unconditionally agrees to the provision that all information submitted in connection to the merit awards featured in the naas.org web presentation is subject to verification before offer of any award;
That Applicant is aware of, fully accepts, and unconditionally agrees to the provision that all applicants shall bear responsibility for the misconduct of any third party ( a party other than the Companies or applicant) acting on behalf of applicant regardless of the relationship of that third party to applicant. Third parties are generally considered to be guidance counselors, teachers, parents, friends, employers of applicant, etc;
That Applicant is aware of, fully accepts, and unconditionally agrees to the provision that no third party shall communicate directly to the Companies or its affiliates, agents, licensors, on behalf of applicant unless specifically requested to do so by the Companies or its duly authorized representative with the only exception being a written request for financial aid literature and/or product information;
That Applicant is aware of, fully accepts, and unconditionally agrees to the provision that in the event that applicant perceives a communication by a third party to be necessary to the extent that the applicant's concerns are not addressed in any portion of this web site or Scholarship Watch newsletter or general publications available to the public that applicant must therefore provide a written notice in advance to the Companies agreeing to waive confidentiality of information to the third party. Said notice shall be sent to the Companies via e-mail directly from the same contact e-mail address provided on applicant's application and must be sent at least 45 calendar days preceding the third party communication and/or correspondence. In the event that applicant has no e-mail address then applicant shall provide notice to an authorized agent of the Companies via certified U.S. mail, and shall enclose a ten dollar administrative and handling fee in a separate envelope addressed to the same and simulateneously of the certified correspondence ;
That Applicant is aware of, fully accepts, and unconditionally agrees to the provision that the existing terms, conditions, and provisions of the subject merit award program is subject to revision, modification, amendment(s), without notice or forewarning and that the Companies , and affiliates of the same, are not obligated to provide any such advance notice;
That Applicant is aware of, fully accepts, and unconditionally agrees to the provision that absolutely no part of a the Companies -sponsored award application, either partially or in its entirety, may be used in advertising, selling or for any commercial purpose or downloaded into any computer system for subsequent storage, editing of any type, personal re-prints or manipulation of any type;
That Applicant is aware of, fully accepts, and unconditionally agrees to the provision that by by submitting any NAAS-sponsored award application to the Companies for formal processing, applicant, and the parent(s)/guardian(s) of applicant, completely, and in every way, indemnifies the Companies , and any all affiliate(s) associated therewith, against and agrees to hold the same (collectively, jointly, and severally) harmless from any loss, damage, claim of damage, liability or expense arising out of or resulting from any aspect of the on-line application and the NAAS award program in general;
That Applicant is aware of, fully accepts, and unconditionally agrees to the provision that he/she is aware of, unconditionally accepts, and understands all rules, conditions, instructions, and provisions regarding all aspects of the advertised award programs and conditions regarding electronic merchandise;
That Applicant is aware of, fully accepts, and unconditionally agrees to the provision that requires all applicants, irregardless of mode of application, to accept the decision of the Select Committee without debate and not to contest, debate, or challenge any decision by Select Committee in any way, form, or manner;
That Applicant is aware of, fully accepts, and unconditionally agrees to the provision that any fee(s) being assessed include costs for labor, materials, data processing, digitization of forms, electronically incurred fees, fees charged by credit card merchants for access to their services, secured server fees, etc. and that such fees are required as part of the on-line electronic application;
Not withstanding the foregoing, Applicant is aware of, fully accepts, and unconditionally agrees to the provision that all transactions associated with any NAAS-sponsored application are final and that no refunds will be issued under any condition other than the condition that applicant requests a cancellation of the processing of his/her application within fourteen calendar days after having submitting the same or no later than thirty calendar past May thirtyeth, which ever is sooner;
That Applicant is aware of, fully accepts, and unconditionally agrees to the provision that in the event that applicant wishes to alter, modify, change, or delete any information previously submitted with an on-line electronic application then it is required that applicant re-submit another on-line electronic application in its entirety and pay the corresponding fee(s). Submitting corrected applications will not have any adverse effect on applicant with respect to decisions made by the Select Committee;
That Applicant is aware of, fully accepts, and unconditionally agrees to the provision that by submitting an electronic on-line award application to the Companies he/she shall not also submit a paper application. Vice-versa, applicant is aware of, fully accepts, and unconditionally agrees to the provision that by submitting a paper application then he/she shall not also submit an electronic on-line application;
That Applicant is aware of, has read, and understands all notices and disclaimers of and concerning non-eligible parties posted throughout the NAAS web presentation;
That Applicant unconditionally agrees to assume all risks inherent in any of the services advertised or otherwise mentioned in and throughout this web presentation and the technologies supporting it. Various encoding schemes, protocols and other enabling technologies are not within the control of Sponsor and are subject to change without notice;
That Applicant is aware of, UNDERSTANDS, AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY SERVICES ADVERTISED IN THE SUBJECT WEB PRESENTATION IS DONE AT APPLICANT'S OWN DISCRETION AND RISK AND THAT APPLICANT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS/HER COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA;
That Applicant is fully aware of the fact that his/her conduct may be construed as a violation of criminal and/or civil law in the event that applicant, including each and every one of the person(s) providing aid, resources, or assistance to applicant in furtherance of applicant's alleged criminal and/or tort-laden conduct, deliberately or knowingly induces the Companies or its agents, licensors, or representatives, including donor(s), under false pretenses, misleading, deceptive, or deceitful statements to either approve or acquire his/her nomination for an award and/or subsequent award recipient status.
That Applicant is fully aware of, fully accepts, and unconditionally agrees to the provision that any conduct that involves fraud, misleading statements, wilfull failure to include any material statements, the wilfull omission of material statements, the making of false, deceptive, and untruthful statements during any phase of the application and/or selective process, then such conduct, if proven and/or not thoroughly rebutted by Applicant, may be cause for the revocation of his/her nomination, cancellation of his application, the requirement to re-imburse Sponsor for all fees, postage, and expenses incurred as a result of Applicant's fraudulent conduct, and the subsequent forfieture of not only the privacy rights of Applicant but the privacy rights of those persons suspected of providing aid, resources, or assistance to applicant in furtherance of applicant's violation of this provision. Candidates (i.e., the class of applicants) for the same award that were adversely affected by the actions of any Applicant under this provision may have a cause of action against the Applicant suspected to be in violation of this provision; and, therefore, if requested, Sponsor reserves the right to share contact information with legal counsel of the aggrieved if requested to do so since such conduct constitutes a forfeiture of Applicant's privacy rights with resepct to the terms and provions of the subject program;
That Applicant is aware of, fully accepts, and unconditionally agrees to the provision that by remitting a signed or completed application, or by remitting any processing fee(s) with an application , either directly or indirectly, and by submitting said information or documents to the Companies or any authorized agent, licensee, or affiliate of the same, applicant unconditionally agrees to be bound by all of the terms, rules, provisions, and conditions expressed in the legal disclaimer of the N.A.A.S. webite as well as any ancillary rules, provisions, and terms that may be posted throughout the same web presentation.
XXIX. Official NAAS Warning Statement For Non-Eligible Persons *
Only paid subscribers and/or eligible applicants who are high school seniors, college freshmen, or legitimate guidance counselors from accredited and authorized schools may access NAAS application literature. Persons, including non-natural persons, who are not eligible to receive NAAS literature shall not download or possess such literature, and the possession or downloading of such property is illegal and may be prosecuted as such. Any person who downloads such literature, whether said person is eligible or non-eligible to compete in the subject merit program(s), unconditionally agrees to each and every condition, provision, and stipulation of the NAAS Legal Disclaimer, as well as the provisions provided hereunder. The Companies reserves the right, or through its affiliates, to request a compensatory sum of at least $5000, exclusive of legal fees, exclusive of exemplary damages, and exclusive of interest, from any person or institution who illegitimately or corruptly accesses, retrieves, or downloads any NAAS form(s) or intellectual property. Such claims may be prosecuted in a competent court having subject matter jursidiction. All traffic to this web site is continually monitored and identification of accesses is acsertainable for quality control purposes.
XXX. Official NAAS EAS/N2 Rule 35. General Privacy Rule *
Privacy Statement Section. This rule encompasses the privacy rights and mutual responsibilities of Sponsor and those persons and entities that interact and/or transact business with Sponsor or affiliates of the same. NAAS EAS/N2 Rule 35, provides, in part, Sponsor shall not sell, lease, rent, or in any way, shape, or form divulge confidential information submitted by an applicant or the parent and/or guardian(s) of applicant, to any third party, to any unauthorized affiliate, or to any governmental agency except to the extent under the following conditions:
To defend the name, reputation, business practices, and integrity of Sponsor, and affilates related thereto, based upon a consumer complaint, inquiry, grievance, dispute, or claim voluntarily initiated by a person or some person acting upon the behalf or in concert with an applicant that is filed, lodged, served, and/or submitted to an unaffiliated third party;
To respond, answer, resolve, and/or rebut any filed, lodged, served, and/or submitted complaint, inquiry, grievance, dispute, or claim voluntarily initiated by a person on a form not expressly approved by Sponsor;
To respond, answer, and/or rebut any filed, lodged, served, and/or submitted complaint or claim voluntarily initiated by a person and discussed in a public forum or communicated to any unaffiliated third party regardless of the form, mode of transmission, fashion, or manner selected by said person;
To respond, answer, resolve, and/or rebut any claim, inquiry, complaint, or grievance that a person voluntarily initiated with a federal and/or state govermental agency, or any officer or agent thereof, without first seeking to resolve the alleged or purported claim, dispute, inquiry, and/or complaint with Sponsor, or any authorized affiliate related thereto;
To cooperate in a legal, judicial, or governmental inquiry initiated by a person and/or any person acting on behalf of another person, such as an applicant, subscriber, or purchaser.
To cooperate in a legal, judicial, or governmental inquiry that involves a matter concerning the national security of the U.S.;
To exercise a right or privilege explicity or implicitly waived or forfeited by a person as a direct or proximate cause of that person's own conduct, negligence, malfeasance, or misfeasance;
To cooperate in any inquiry concerning a violation of NAAS EAS/N2 Rules 55, or 174.
XXXI. Official NAAS Policy on NAAS EAS/N2 Rule 46; filing of a complaint or grievance
Any person who has a complaint, grievance, inquiry, claim, and the like, against Sponsor, or any authorized agent and/or affiliate of the same, that cannot be satisfactorily, expeditiously, and mutually resolved via normal and/or customary means, shall be required to initiate his/her concerns in writing via the completion of an Official NAAS Complaint form (NAAS EAS/N2 Form Form SP 1066), which may be obtained free of charge.
User agrees that any dispute arising from, relating to or in any manner connected with this Agreement shall be construed under and resolved in accordance with the laws of California,county of Los Angeles, exclusive of its choice of law principles. Any such dispute shall be litigated only in the local or federal courts of
California, to the personal jurisdiction of which you hereby consent. YOU AGREE THAT ANY CAUSE OF ACTION AGAINST the Companies, including site owner and operator, ARISING OUT OF OR RELATED TO THE NAAS.ORG WEB SITE MUST COMMENCE WITHIN ONE 90 CALENDAR DAYS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
XXXII. Official NAAS Policy on Third Party Conduct, NAAS EAS/N2 Rule 26
The official policy on Third Party conduct is recited via NAAS EAS/N2 Rule 26. The conduct of any third party acting on behalf of or in concert with an applicant , participant, or consumer is unconditionally imputed to be the conduct of the applicant unless said applicant first obtained a waiver from Sponsor, or an authorized agent of the same, on an official form approved by Sponsor, officially waiving his/her privacy rights and allowing said third party to subsequently communicate on his/her behalf. For the purposes of enforcement of this rule, it is immaterial as to whether or not the applicant knew or was apprised of or made aware of the third party's conduct that allegedly acted on his/her behalf. It is also immaterial and irrelevant as to which party submitted, owned, or signed, or remitted the financial instrument or financial warrant consideration that was supposedly submitted with the completed or incomplete application or submitted with any subscription, EMS Club request, or order form. This Rule shall be strictly enforced and shall be enforced regardless of an applicant's procedurally defective or improper request to have another person or party represent him/her, and regardless of which party owns, owned, endorsed, delivered, mailed, or signed the financial instrument or financial warrant consideration submitted in relation to the goods and/or services ordered or obtained by applicant or consumer. For example, if a parent or relative writes a check for his/her teenage daughter from the parent's personal banking account to order any products, goods, or services sponsored by N.A.A.S. then the general conduct of the parent is still imputed to be the conduct of the applicant/consumer and therefore the mere drawing of the financial instrument or warrant by parent or guardian, or relative, neither grants or extends to such parties any rights or privileges not expressed hereon, and neither shall the same be entitled to any redress of any concerns, inquiries, or grievances not first initiated and personally communicated by the intended beneficiary of their actions; i.e. the actual applicant or student. For the purposes of this rule, it is immaterial as to whether or not the applicant knew or was apprised of or made aware of the third party's conduct that allegedly acted on his/her behalf. It is also immaterial and irrelevant as to which party submitted, owned, or signed, or remitted the financial instrument or financial warrant consideration that was supposedly submitted with the completed or incomplete application or submitted with any subscription or order form.
XXXIII. Official NAAS Policy on Research and Document Fees
The Companies reserves the right to assess fees for document, witness, research and information requests. Specifically, the Companies may charge fees, not to exceed actual costs, to private litigants or third-parties seeking testimony, documentation, or records by request or demand for any information not present on this web presentation. The fees, which are to be calculated to reimburse fully the Companies for processing the demand and providing the witness or records, or documents, may include, among others:
(i) Costs of time spent by employees, including attorneys, of the Companies to process and respond to the demand;
(ii) Costs of attendance of the employee and attorney(s) of the Companies at any
deposition, hearing, or trial;
(iii) Travel costs of the the Companies employee and the NAAS-USA FUND attorney(s);
(iv) Costs of materials and equipment used to search for, process,
and make available information.
All costs for employee time shall be calculated on the hourly
pay of the employee (including all pay, allowance, and benefits) and
shall include the hourly fee for each hour, or portion of each hour,
when the employee is in travel, in attendance at a deposition, hearing,
or trial, or is processing or responding to a request or demand.
At the discretion of The Companies and/or its attorneys, advisors, representatives, where appropriate, costs may be estimated and collected before testimony, documents, records, research results is/are given.
XXXIV. Official NAAS Policy on Correspondence from Public Institutions, Companies, and Certain Persons
Any and all correspondences or communications received by The Companies, or any affiliate of the same, from a public or private university, public or private educational educational institution, public or private company, or from any employee(s) of the same that is a member or subscriber or contributor to any disreputable consumer group, or similarly labeled federally tax-exempt organization, in which the communication or correspondence is not clearly marked " private and confidential" with respect to provisions provided hereunder, may be deemed by The Companies to be a communication, statement, or series of statements, that is intended for public consumption, debate, and therefore made in a place open to the public or in a public forum in connection with an issue of public interest; based thereon, the Companies reserves the right to make such communication/statement(s), available to the public, share the contents thereof with the public through any commonly accepted method of publication and/or distribution. The marking " private and confidential" shall be placed anywhere on the outer mailing envelope, and printed in all capitalized letters; also, the marking " private and confidential" shall be placed in red ink, and be in the upper left-hand corner of each page of the correspondence or communication if the affected university, institution, company, or school, or employee desires said communication to be deemed "private and confidential" and respected as such by the Companies
Unsolicited correspondence, mistaken correspondence, materials, photos, etc., and the like, sent will not be returned under any condition, and will be subject to disposal. ABSOLUTELY NO RETURNS OR REFUNDS.
XXXV. Official NAAS Bad Check Policy
The official position of The Companies with respect to the act of writing a check without sufficient funds is that such an act(s) may be a crime. As a suspect to a crime, if it can be demonstrated beyond a reasonable doubt that you never intended to legitimately pay the amount of funds assigned when the check was written, you may be prosecuted. The Companies have the option of filing a criminal complaint and referring the matter to the attention of the local police department, sheriff's office or the district attorney in the county where the alleged conduct took place. By writing a bad check to the Companies , or any entity affliated with the Companies as pertains to the subject award program, or as pertains to subscriptions or orders for the Scholarship Watch newsletter, the suspected bad check writer instantly waives his/her right of privacy, and all information on the check, including names, addresses, phone numbers, may be published to the general public in effort to locate the bad check writer.
The Companies reserve the right to use all legal and lawful to recover three times the amount of the check, up to $1500, in civil courts. The damages are in addition to collecting the value of the check and they could include court and mailing costs. A cause of action under this law may be brought in small claims court, if the claim does not exceed $5,000, or in any other court of jurisdiction depending on the amount of the transaction.
XXXVI. Official NAAS Policy on Publication of Names and Addresses of Bad-check writers
Not withstanding the foregoing remedies, the names and addresses of all bad check writers and the students who were the intended beneficiaries of the bad check funds are automatically added to the NAAS Public Ledger Book if the funds are not promptly paid when requested. Intentionally writing a bad check constitutes a complete and total waiver of all confidentiality rights of a student's application since such act may constitute a crime. Both the bad check, the student's application, and all attachments submitted with the application may be forwarded to law enforcment personnel, added to a court record for possible prosecution, added to the NAAS National Bad Check Registry, and all NAAS affiliates will be notified of the offense.
XXXVII. Official NAAS Policy on Intent vs. Mistake of Bad-check writer
To conclusively ascertain whether or not a check writer intentionally remitted to the Companies a check that could not be honored, the Companies performs the following diligent efforts:
All bad checks are scanned into an internal the Companies computer database and matched with a completed application, an application request, or a subscription order.
The check writer is then contacted a full 30 days after receipt from bank officials that the check cannot be honored due to non-sufficient funds, account closed, or if the check writer initiated a fraudulent stop payment. Most honest check writers who made a mistake contact the Companies first without being prompted for a payment. This helps prove that the check writer did not have a fraudulent intent in mind.
After being contacted and if the check writer has not initiated a re-payment attempt, the check writer is afforded an additional 30 days to pay the full face value of the check plus a modest penalty.
If the bad check writer cannot be located as a result of knowingly providing the Companies a bad address, the suspect may be tried in absentia and a default judgement may be obtained. At that point, the three major credit bureaus consisting of Esperian (f/k/a TRW), Trans Union, and Equifax may be notified and the judgment will be posted to the bad check writer's credit file.
Next, the suspect's file may be forwarded to a collection agency for collection of the outstanding balance. At this point, the balance will most likely include the face value of the check, accrued interest, penalties imposed by the bank, and legal costs.
N.A.A.S. is not in the debt collection business, and the definition afforded a "debt collector" in the Fair Debt Collection Act (infra) do not apply to the Companies However, NAAS-USA FUND may decide to post the names and addresses of the suspected bad check writers on this web site in an effort to locate the whereabouts of the suspected bad check writer.
If the suspected bad check writer has been conclusively located and still does not remit the funds requested, no second opportunity is offered. The student is automatically disqualified from all NAAS-related sponsored award programs, all names and addresses on the check are automatically electronically recorded into a computer database of suspected disreputable persons and held there for twelve years. The student's application, including photocopies of the bad check, may be subsequently referred to the local law enforcement personnel.
Fair Debt Collection Practices Act. Any publication in this web site listing the name and address of a suspected bad check writer is not an attempt to collect a debt. Such a publication, if there is one, is a news publication of suspected persons who have issued checks to the Companies under circumstances wherein the check(s) were not honored for one reason or another.
Neither the Companies , or the Publisher, are "debt collectors" within the meaning of Section 803(6) of the Fair Debt Collection Practices Act. (supra). Any person who commits or is suspected of having committed a tort against the Companies automatically waives all confidentiality of their past, present, and future communications (including the contents thereof) to the Companies unless NAAS-USA FUND or a representative of N.A.A.S. internally seals or labels such correspondence as "private and confidential"; the labeling may or may not be disclosed to the consumer irregardless of whether or not the obligation has been satisfied.
The Companies do not expressly approve of any anonymous or fictitiously named debt collectors acting on its behalf. The Companies collects debts in it's own name.
XXXVIII. Official NAAS Policy on Access by non-authorized persons
With the exception of persons, companies, and governmental agencies whose product(s) or services include providing information about financial aid or a searchable database to students that includes multiple sources of financial aid, only authorized personnel from accredited AND eligible participatory schools, whom are active participants in the Companies program may formally distribute information about the NAAS program. For the purposes of conserving bandwidth and ease of access to qualified persons and participating institutions, non-student persons, including all non-student non-natural persons, whom are not eligible to participate in any NAAS -sponsored program(s), and whose primary interest or business is not acting as a source or provider of financial aid information to students or parents, shall not access this web presentation or any portion(s) thereof between the hours of 5:00am (Pacific Daylight Time. ) through, and inclusive of, 7:00pm (Pacific Daylight Time); a failure to heed and adhere to this notice may subject the offending person(s) to appropriate civil remedies, including the posting of complaints about such offending person(s) on this web presentation, a public NOTICE to CEASE, DESIST, and REFRAIN from such conduct without further notice or forewarning. Alternatively, the Companies may at its discretion, request the offending person(s) to show cause why such conduct should be permitted and the offending person(s) shall comply with the request by the Companies or forever be barred from accessing the the Companies website, and all portions thereof. This rule shall extend to and include all persons and entities under the control or supervision or adminstrative influence, directly or indirectly, of the offending person(s) or reasonably believed by the Companies , or affliates or representives of the Companies , to be under the control or supervision or adminstrative influence of the offending person(s). A failure to cease, desist, or refrain from accessing this web site when expressly requested to do so by the Companies , or the agents, assigns, or representatives of the same, shall, inter alia, be construed as harassment, tresspass, and essentially illegal conduct; accusations of the same against the offending party may be posted on this web presentation or other web presentation without further notice or forewarning.
XXXIX. Official NAAS Policy on Points and Good Cause For Considerations to be Pre-maturely Non-Sustained
At the direction of program sponsors, and donors, the Companies reserves the discretionary right to terminate a student's merit award at any time during the application, nomination, or during the selection process, as well as after the student has received any funds sponsored by the Companies The paragraph herein represents the points and examples of good cause as to why a merit award (consideration) may be terminated prior to maturity or fails to be approved for disbursement. Any student that is nominated or selected to receive an award sponsored by the Companies is automatically subject to the terms, conditions, provisions, and rules dictated by the donors, the Companies and/or the sponsors of the Companies The rules and regulations extend to the college, university, or high school the student either currently attends or plans on attending. An award shall be terminated only if good cause is shown or upon the violation of written rule(s) previously provided. The Companies cannot terminate an award based upon its own recommendation. Any applicant, award recipient, or nominee who fails or refuses to adhere to the both the letter and spirit of the Companies instructions during any phase of the the application process, selection process, or life of the merit award, is subject to that award being terminated, suspended, reduced in value, or permanently revoked. Accordingly, any student who has submitted false, misleading, deceptive, or materially untrue statements (intentional or not), or whose application consisted of material omissions, during any phase of the application or nomination process or during any phase of the life of the award is also subject to having his/her award terminated, suspended, reduced in value, or permanently revoked. A student may also have his/her award terminated during any phase of the application or nomination process or during any phase of the life of the award if the student, or any person acting on behalf of, or in conjunction with student, or any person united in interest with the student, either fails to adhere to the Companies rules and regulations or who utters any contemptous or disrespectful words towards the Companies , or towards any Committee of the Companies , or towards any affiliate or associate or employee of the Companies Other acts that may justify a nominee or recipient having his/her award prematurely terminated are acts committed by third persons or entities acting on behalf of or in relation to recipient or nominee. The recipient need not know nor approve of the alleged wrongful acts being committed, or having been committed by the third person acting on his/her behalf. It is sufficient that the acts were committed and that the student knew or knows the person, and some sort of consensual relationship exists between the two. The Companies policy is that the student is directly responsible for the conduct of any third person or entity acting on his/her behalf. An award may also be terminated for academic reasons if the student does not maintain satisfactory academic progress or if the student engages in behavior deemed to be offensive to the interests of the Companies or embarrassing to academia or the donors in general.
XL. Official NAAS Policy on Requirements to Retain Merit Scholarship
All requirements are a direct function of all information
supplied by applicant to the Companies This information consists of, but is
not limited to, the award application and all documentation
submitted therewith or attached thereto, including the semi-finalist
telephone interview, semi-finalist questionnaire, the essay, and any supplemental correspondence. Award recipients who are later found to have submitted false, untrue, inaccurate, or misleading information, or who have wilfully or neglectfully omitted or concealed material information that could have reasonably aided in the selection process are subject to having his/her merit award terminated. Academic failure and/or a failure to achieve his/her stated academic
goals or moral turpitude may also be a reason(s) why a merit award may be terminated. Generally speaking, the minimum GPA to maintain a merit award sponsored by the Companies ranges from 3.2 to 3.6 based upon a 4.0 grade scale, or other objectives stated by recipient or nominee. Recipients must also maintain a full-time status. However, exact criteria varies per award recipient and varies from year-to-year, is subject to change without notice, and is generally determined by and dependent upon other factors and variables essentially controlled by recipient as communicated to the Companies
All requirements and award amounts are subject to change without notice.
The Companies reserves the right to employ appropriate and legal investigtive means throughout various sections of this web presentation (i.e. web site) to track and preserve copyrighted material and trade dress of the Companies property. Viewing this web site constitutes a special viewer privilege conferred by site owner to Reader; such privilege may be revoked at any time, without notice or forwarning, if Reader refuses, fails, or is unable to adhere to any of the rules, conditions, provisions, and/or terms expressed herein or made a part hereof. The Media Reports or NEWS articles contained in this web presentation have been obtained and compiled from sources deemed to be reliable. However, as in the case of all legitimate journalistic reporting, we cannot guarantee the accuracy of the information presented herein nor the credibility of the sources used. Consequently, the Companies and Publisher, jointly and severally, makes no warranty or representation, express or implied, with respect to the accuracy or completeness of the information contained in the news reports nor assumes any liability with respect to the use of, or damages resulting from the use of the information contained in the various news reports, media reports, or commentary analysis. However, to the best of our knowledge and belief, the information cited in the respective news reports is believed to be factual and accurate as of the date of publication, and the publication of such information or commentary is offered without recourse to the Companies , the staff, officers, directors, et al., and any affiliates of the Companies subsequently mentioned in this web presentation. Furthermore, it must be emphasized that any news report or media investigation analysis featured in this web presentation is not intended to recommend or deprecate any of the subjects cited or referenced in the respective reports; said report(s) is/are furnished solely to assist the reader in exercising his/her own authoritative discernment.
Absolutely no part of a "Media Report", either partially or in its entirety, may be used in advertising, selling or for any commercial purpose or downloaded into any computer system for subsequent storage, editing of any type, personal re-prints or manipulation of any type. Viewing, reading, or electronically accessing a "Media Report" by any means constitutes an agreement by Reader with the Companies to completely indemnify the Companies , and all affiliates of the Companies , including, but not limited to agents, contractors, sub-contractors of prime concractors, affiliated with the Companies , against and agree to hold the same (collectively, jointly, and severally) harmless from any loss, damage, claim of damage, liability or expense arising out of or resulting from any aspect of this web presentation. The viewpoints and fair comment discussed in the "Media Reports" represent the independent opinions of the Publisher, and do not ---in any way, shape, form or fashion ---- necessarily reflect or represent or are indicative of the viewpoint(s) or opinion of the Companies , or any officer, director, or employee of the Companies (supra). By accessing any "Media Report" featured in this web presentation from a general hypertext link, the Reader expressly agrees to abide by the terms and conditions of the "Media Report", this legal disclaimer, and the mere act of accessing the "Media Report" or any portion of this web site constitutes primae facie evidence that the Reader(s) are interested in the statements that form the subject matter of the "Media Report." Any re-prints of a "Media Report" or news article contained in this web presentation that are not authorized by Publisher or the Companies are deemed as non-official representations, and effective forthwith, are immediately disclaimed as being non-representative of Publisher. Any captions or subtitles employed in any aspect of this web presentation, or in "Media Reports", are utilized solely for convenience and are not to be used as an aid in interpretation or speculation. The Companies, jointly and severally, are or have been involved in research, publishing, academic study, and have sponsored merit-based awards since 1988. The Companies do not receive nor solicit public , charitable, or federal funding. Membership into the Companies is highly exclusive and is subject to invitation only. Walk-in requests for award , membership, NAAS Subscriptions, or any NAAS products and/or services. including NAAS informational literatuare is not accepted. Each Reader of this web presentation, or any person who participates in any aspect of the financial aid programs referenced in this web presentation, agrees to indemnify the Companies , and each of its respective partners, affiliates, sponsors, officers, directors, shareholders, trademark registrant(s), employees, agents, successors, and assigns associated therewith, both domestic and foreign, jointly and severally, against and agrees to hold the same harmless from any loss, damage, claim of damage, liability or expense arising out of or resulting from any aspect of this web presentation.
XLI. Official NAAS Policy on Where Program is Void.
PROGRAM IS VOID WHERE PROHIBITED BY LAW. All NAAS products, programs and services are expressly void where specifically prohibited by law.
XLII. Official NAAS Statement of Inapplicable Laws
The Companies do not solicit nor accept donations from the general public; does not accept donations or charitable contributions from the general public; does not solicit donations in any State, province, or territory within the United States or elsewhere; does not pay any person or entity to raise charitable funds on its behalf; and, does not use any commercial fund raisers. National Academy of American Scholars is not a charitable (public benefit) corporation, association, or trustee operating within and under the meaning of California Goverment Codes section 12582, et sequentia, or California Corporations Code section 5060. National Academy of American Scholars is not an organization organized under and subject to the provisions of IRS Publication 526 with respect to the receipt of deductible contributions per specific qualified organizations. Memberships fees into N.A.A.S., if applicable, are not tax deductible. Moreover, the content present hereon, including any and all portions of this web presentation, is not to be construed as, nor should the same be interpreted as, a solicitation for charitable purposes within the meaning of California Goverment Code 17510, et sequentia. The California Uniform Supervision of Trustees for Charitable Purposes Act, California Government Codes referenced hereinabove, are in fact not applicable to National Academy of American Scholars. National Academy of Amercan Scholars does not "transact business" within the state of California within the meaning of the California Corporations Code, and neither does said entity have any offices, nexus, or telephone phone numbers in said state. Notwithstanding the foregoing, The Companies, or any affiliate related thereto having an office in the State of California, per California Corporations code, does, however, reserve the right to use agents and/or independenct contractors operating on its behalf, and such use, per the definition and legal meaning of the applicable California Corporations Code, does not constitute the "transaction of business" within said state. Additionally, N.A.A.S. reserves the right to use independently owned and operated entities organized and/or incorporated in different jurisdictions, and that same right extends to the entities themselves. With respect to California Business & Professions Code 17540.1, agents and contractors to the Companies are not "Travel promoters". Neither the Companies nor any entity associated with or acting as an agent or subcontractor of the same, within the State of California, including independent publishing and/or distribution agents, is a person who sells, provides, furnishes, contracts for, arranges, or advertises that he or she can or may arrange, or has arranged, wholesale or retail air or sea transportation either separately or in conjunction with other services. All EMS seat holders must in fact arrange and pay for their own air or sea transportation, and are specifically required to pay for, choose, and select their own mode of transporation, and pay all consideration for air or sea transportation or for other services directly to the air carrier or ocean carrier or to the officially appointed agent of such air carrier or ocean carrier. With respect to California Business & Professions Code section 17552, neither the Companies nor any entity associated with or acting as agent or subcontractor of the same, within the State of California, including independent publishing agents, is an "Educational travel organization" or "organization" or other entity who offers educational travel programs for students residing in the State of California. With resepect to California Business & Professions Code section 17550.9, neither the Companies nor any entity associated with or acting as agent or subcontractor of the same, within the State of California provides "Travel services" per se; i.e., we do not provide such services as lodging, surface transportation, transfers, tours, meals, guides, baggage transfer, sightseeing, recreational activities, vehicle rental, or other travel-related services, however denominated, including, but not limited to, travel certificates, registration
fees, and processing fees.
XLIII. Official NAAS Statement of Extension of Idemnification
The foregoing notice of indemnification, as well as the notice of unconditional and irrevocable waiver expressed hereon, shall extend to all affiliates, partners, and associates of the Companies. , and each of their respective partners, sponsors, officers, directors, shareholders, trademark registrant(s), employees, agents, affiliates, successors, and assigns associated therewith, both domestic and foreign, jointly and severally. As a sponsor of the subject merit awards, The Companies may or may not actively or pro-actively fund, finance, endow, or provide monies for the advertised merit programs.
Please be advised that a non-Java and/or non-JavaScript presentation of this web site is not an official representation of N.A.A.S. or an official representation of the viewpoints or opinions expressed in this web site. For an official representation of this web site, Readers must use a pure Windows 98 based platform, or a fully compliant derivative thereof, and a Navigator/Explorer browser, version 3.0 or higher, that is both Java and JavaScript enabled.
REFERENCES TO CORPORATIONS, COMPANIES, THEIR SERVICES AND PRODUCTS,
ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESSED OR IMPLIED. IN NO EVENT SHALL THE COMPANIES OR ANY AFFILIATES, AGENTS, SUBSIDIARIES, AND/OR AGENTS OF THE COMPANIES
BE LIABLE FOR ANY SPECIAL, INCIDENTAL,
INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY
DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE
RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR
NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY
THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH
THE USE OR PERFORMANCE OF THIS INFORMATION.
XLIV. Official NAAS Statement of Re-production and distribution of certain NAAS web page content
For the purposes of facilitating free, non-commercial speech, the Companies grants advocates of free speech the right to re-produce certain individual web pages appearing in this web presentation. Subject to the condition expressed herein, the specific web pages that may be linked to, re-produced, and/or re-distributed without authorization are those web pages possessing a "free speech" icon, or symbol, or identified as a "Media Report". Note: HTML refers to Hyper Text Markup Language. ). If re-produced, the protected logos trademarks/service marks may not be part of the re-production (i.e., the re-produced web page) as such acts may constitute trademark infringement. No part of any tables appearing in the web presemtation, either partially or in its entirety, may be used for advertising or for commercial purposes or downloaded into any computer system for subsequent storage, viewing, personal re-prints or manipulation of any type, unless such acts are done solely to faciliate the re-production of the affected table(s)/page(s) for subsequent re-production for FREE SPEECH purposes. Parties or Readers who decide to download any content appearing on this web presentation for personal manipulation should be aware that such act(s) may result in unintended risk or damage to your hard-drive. the Companies disclaims any and all liability from any resultant damage that may develop. Viewing, reading, or electronically accessing this Policy constitutes an agreement by viewer with the Companies to indemnify the Companies against and agree to hold the same harmless from any loss, damage, claim of damage, liability or expense arising out of or resulting from any aspect of this web presentation. Unauthorized re-prints or un-authorized reproductions of any page, portion, partition, or section of this web presentation is expressly prohibited, and the like are hereby formally disclaimed as unofficial counterfeits not representing the Companies, not representing Publisher, and not representing any affiliate(s) of the Companies
XLV. Official NAAS Statement ON Collection of Private Information
All persons using the NAAS.ORG website are subject to having their personal information collected by agents or affiliates of National Academy of American Scholars. The collection of this information is for security purposes and is consistent with the standards and purposes typical of companies that transact commerce on the World Wide Web. NAAS Subscribers, NAAS Award nominees, NAAS Applicants, and/or NAAS semi-finalists, including purchasers of any NAAS products or services, may be required to furnish or provide copies of documents verifying their identity. This information may consist of a copy of their social security card and/or driver's license. This information may be collected for the sole purpose of verifying the identity of each nominee, matching the information with the information collected from the school or university they either currently attend or plan to attend, and using the information as a reference point for identifiable donations made on behalf of the recipients. At all times, the information is never shared or disclosed with any outside party. Those whom do not wish to furnish such information should not participate in the subject program. All award recipients must furnish verifiable information as to their identities.
XLVI. Official NAAS Statement on Actions or Inactions of Third Parties.
The ability of the Companies, as well as its agents, licensors, partners, and affiliates, to provide any of the services advertised or otherwise depicted in this web presentation depends in part upon the provision of services by un-affiliated third parties. Neither Sponsor nor any affiliate, assignee, or agent associated with the same, including any of its successor(s) and/or predecessors shall be responsible for the actions or inactions of any such third, unaffiliated, parties. Consequently, and pursuant to the terms, conditions, and provisions expressed herein, it is hereby mutually agreed, understood, acknowledged that under no condition shall Sponsor, including its agents, affiliates, and assigns, be liable to Reader or to any person whom purchases or subscribes to any of the advertised products or services associated with and/or advertised in this web presentation, or to any other party in connection with claims, damages, losses, expenses or costs incurred or suffered by Reader as a result of actions taken or not taken by third partie.
XLVII. Official NAAS Registration Disclaimer
The Companies, collectively and severally, does not and cannot guarantee that any e-mail registrant will receive any information sent via e-mail in response to a registration of an e-mail address; and, neither can the same guarantee that any e-mail registrant will receive any of the services or benefits depicted above via the medium suggested even if said registrant has in fact registered his/her/its e-mail address with sponsor. As a general provision, applicants are generally not provided any periodic status reports or "Electronic Notification of Award Outcome" subject to the conditions stated above and subject to the Terms, Provisions, and Disclaimer of this web presentation. Generally, only successful recipients are individually and personally notified. The names of recipients may be distributed to the general public via one or more mass methods of distribution including, but not limited to, the NAAS NEWS section of this web presentation, our Scholarship Watch newsletter, etc. Applcants and prospective applicants whom register their e-mail address with the Companies agrees and acknowledges that any services provided through an electronic medium is only as reliable as the technology that is used to process, transmit, coordinate, initiate, decode, and otherwise electronically analyze the requested service(s). Sponsor, including any and all affiliates of the same, collectively and severally, does not and will not assume any responsibility or any liability for any technological errors, system breakdowns (either at the client or user level), user's mis-typed e-mail address, user's clogged e-mail address boxes, user's truncated e-mail notices, user's malfunctioning electronic server, mis-directed e-mail notices, unsecure e-mail notices, undeliverable e-mail notices, changed e-mail addresses, intentional or mistakenly deleted e-mail notices at client level, or any type of technological or software glitch(es) associated with the transmission and/or reception of correspondences sent/received via an electronic medium in which the affected event(s) are beyond the control of the Companies. All NAAS NEWS is posted on our website at the NEWS section. Applicant must comply with all of the stated rules and regulations of the subject merit-based programs. Program void where prohibited by law.
XLVIII. Official NAAS Media Disclaimer
The information contained in any NAAS or NAAS-NEWS Media Report has been obtained and compiled from sources deemed to be reliable. However, as in the case of all legitimate journalistic reporting, we cannot guarantee the accuracy of the information presented herein nor the credibility of the sources used. Consequently, The Companies, and Publishers, etc., et al., jointly and severally, makes no warranty or representation, express or implied, with respect to the accuracy or completeness of the information herein nor assumes any liability with respect to the use of, or damages resulting from the use of the information contained in this report pursuant to 47 U.S.C. Section 230, subdivision (e), part 3, as well as the First and Fourteenth Amendments to the United States Constitution, as well as Article I, Section 2 of the Constitution of the State of California, as well as other affirmative defenses and doctrines not explicitly mentioned herein. However, to the best of our knowledge and belief, the information cited hereinabove is believed to be factual and accurate, and is offered without recourse to The Companies, etc., et al., the staff, officers, directors, et al. and any affiliates of the same subsequently mentioned in this web presentation. Furthermore, this report is not intended to recommend or deprecate any of the subjects cited or referenced herein and said report is furnished solely to assist the reader in exercising his/her own authoritative discernment. By accessing this report from a general hypertext link, it is the reasonable belief of the Publisher that the statements which form the subject matter of the report are to persons also interested therein and that such persons hereby agree and expressly consent to all applicable NAAS EAS/N2 Rules. Absolutely no part of this report, either partially or in its entirety, may be used in advertising, selling or for commercial purpose or downloaded into any computer system for subsequent storage, personal re-prints, videotaped, or manipulation of any type. Any re-prints or re-broadcasts not authorized by The Companies, or an authorized agent, assignee, or representative of the same, are deemed as non-official representations, and effective forthwith, are immediately disclaimed as being non-representative of Publisher. The captions or subtitles of this report are employed solely for convenience and are not to be used as an aid in interpretation or speculation. Neither this report, nor any reports related thereto, nor any tangential reports, claims to offer legal advice or legal opinions. This report is not a legal opinion. For legal opinions, a person should consult competent legal counsel. Plagerizers and copyright violators are subject to appropriate adjudicative proceedings. All NAAS EAS/N2 Rules apply.
XLIX. Official NAAS RIGHT OF REFUSAL ( NAAS EAS/N2 Rule 47)
Pursuant to NAAS EAS/N2 Rule 47, Sponsor, in its sole discretion, reserves the right to refuse to process any NAAS financial aid application, NAAS award application, NAAS T-shirt order, NAAS Accreditation Report, NAAS Financial-aid Report, request for Scholarship Watch, NAAS Access Card request, NAAS Multi-Media Packet request, NAAS Subscription request, and any other request or order for any NAAS branded products and/or services, remitted to the same, or remitted to any authorized agent, contractor, licensee, or third-party vendor affiliated therewith. Sponsor need not provide any reason for the refusal so long as the remitted fee(s) was not endorsed. In the event that fees were submitted electronically, and sponsor was not afforded the opportunity to reject receipt of such fees at the commencement of the transaction, then sponsor may accept such fees but may still decline to provide particular products and/or services if such an order or request for the same is perceived to originate from a person or persons who is/are considered a high-risk for fraud, litigation, or deceit; who is perceived to be purchasing or acquiring an NAAS product or service for reasons other than their respective stated purpose; who is perceived to be an employees from any governmental agency or entity that has previously declined to provide or did not sufficiently respond to a request made pursuant to Title 5, U.S.C., §522, and Title 39 Part 265 Code of Federal Regulations, or a request made pursuant to Freedom of Information Act submitted by sponsor or agents acting on behalf of the same; who is perceived to be an employees from any governmental agency or entity that has previously declined to provide or did not sufficiently respond to a request made under Section 1313 of the Taxpayer Bill of Rights 2 (TBOR2) submitted by sponsor or agents acting on behalf of the same; or, who is a subject of or an employee of any subjects or persons mentioned in any NAAS Media Report. This Right of Refusal extends to, but is not necessarily limited to, the right to refuse to process or accept a purchase and/or subscription to any of the advertised products (tangible, electronic, and non-tangible) depicted in Sponsor's newsletter; the right to refuse to register any e-mail address provided to the same; and, in the event that an e-mail address has been registered, Sponsor and/or its designated affiliates, agents, licensors, reserve the right to delete such e-mail address from its registry file without further notice and without providing a reason for such action. In the event that Sponsor elects not to provide to purchaser the services for which purchaser has presumably paid for or requested then either Sponsor and/or its designated affiliates, agents, licensors, hereby agree to either remit a full refund for services/products not delivered or exchange the same upon receipt of a request made within 30 calendar days after purchase. It is the express intent of Sponsor through its designated agents and affiliates to process non-accepted orders or non-accepted membership and financial aid service requests within a time frame of at least six to eight weeks upon postal receipt of the same or within 90 calendar days after the commencement of the selection and/or determination period, whichever is longer or applicable. Post-card notices, general information memorandums, or other acceptable modes of communication, will be deemed sufficient to notify the affected person(s) of this decision or impacted by Sponsor's Right of Refusal. In which case, unendorsed warrants and/or financial instruments may not be returned to remitter and will be disposed of at the cost of Sponsor unless affected remitter provides a self-addressed, stamped envelope for return of the unendorsed warrant or financial instrument in the time frame provided by the general notice sent under the foregoing rule. NAAS EAS/N2 Rule 47 does not in any way, shape, form, or fashion supplant, amend, or affect the inherent rights and responsibilities of those parties whom elect to remit handling fees via the U.S. mail for award literature in return for receipt of the same. A "handling fee" is not considered a purchase, or a purchase request, or any type of service or merchandise order. Rules and procedures governing or otherwise affecting the distribution of literature subject to receipt of a handling fee is fully discribed elsewhere in this notice.
L. Official NAAS Policy Statement on Electronic Merchandise (Version 1.13
This latest NAAS policy supercedes and amends any prior version, and is effective immediately. We reserve the right to publish and distribute NAAS-branded merchandise and products, including, but not limited to, Scholarship Watch, etc., et al., as well as informational and marketing literature, in a variety of electronic, digital, web-based, and/or paper-formats. To bring readers, users, subscribers, and purchasers, of NAAS-branded merchandise the best possibe service, we will allow for the production and distribution by authorized agents and licensors of certain products and/or merchandise associated with brand name National Academy of American Scholars, N.A.A.S., NAAS-USA, NAAS, etc., et al. Although we find that the vast majority of parties have indicated a preference for our electronic literature and products versus our paper-formatted versions; and, such parties experience first-hand the quality and rich content of the electronic or digital version, a very limited number or parties still have expressed a desire for paper-formatted versions of certain of our branded literature and/or products. Amongst the many benefits of the electronic version is that subscribers and purchasers automatically receive timely free updates and/or amendments of the electronic issues should the applicable issue(s) be revised, updated, altered, or changed. This process is not available for paper-formatted versions. In the event that any electronic issue is subsequently amended, altered, and/or updated, then notice of the same may be provided in a time frame ranging from the date that the applicable issue was first released to the general public up until just prior to the release date of the next/subsequent issue. This policy allows us to meet our duties with respect to timely distribution of newsletters while relieving the consumer from indebtness and over-reliance upon postal delivery. Within the required time span, precise instructions as to where to access issue, and the password required is provided to parties whom are subscribers and/or purchasers of record for at least the past thirty calendar days prior to the electronic release date. The processing time for new subscribers and/or purchasers thereafter is at least six to eight weeks after receipt of funds and the same will be provided electronic access to the latest available issues within that time span; at least thirty-calendar days thereafter, paper formatted versions are then released to those whom have requested such formats in the form and manner as outlined hereinbelow and/or to those parties in which no legible or verfiable e-mail address is readily on file for at the precise time of the release and/or formal distribution date. In other words, since most of our issues are now sent electronically, only a handful or so of a limited number of paper-formatted versions are printed.
Notwithstanding the foregoing, the parties whom prefer paper-formatted versions or issues (snail mail users; currently less than one percent) are just as important to Publisher as their modern-day, technology-savvy counterparts. **To accomodate the former, Publisher shall allow and accomodate such parties the ability to obtain paper-formatted versions of Scholarship Watch subject to the express conditions stated hereon and made a part of hereof. Paper-formatted versions will not be as lengthy as its electronic counterpart but will nonetheless be rich enough in content to satisfy Publisher's requirement of producing a quality newsletter.
LI. Official NAAS Notice of Formal Procedure
All electronic merchandise purchasers, including Scholarship Watch subscribers or multiple-issue purchasers, must register both their e-mail address and their physical address at the Scholarship Watch Registry Page or through Sponsor's Electronic Merchandise Order form inorder to receive, or continue to receive, electronic versions of newsletter and/or other electronic/digital products ordered. After verification of purchaser's paid subscription and/or purchase, a password will be issued to purchaser at purchaser's personal or business e-mail address within six to eight weeks of receipt of purchaser's order; provided the same was manually accepted, legible to our processing agents, and thereafter formally processed and incorporated into Sponsor's electronic database of subscribers and/or purchasers without any adverse consequences or technical glitches beyond Sponsor's control. The password is designed to allow each purchaser and/or subscriber of Scholarship Watch the ability to accesss, download and view selected issues of Scholarship Watch as well as the ability to access and view other paid-for electronic items that you may have ordered.
LII. Official NAAS Notice of Delivery Times
It is our express ( both general and specific) intent to release electronic versions of our merchandise, namely electronic versions of Scholarship Watch newsletter, at least thirty calendar days prior to its sister-related paper-formatted version being released; this assumes that there exists any subscribers and/or purchasers whom have requested and adhered to the conditions required to receive a **paper-formatted version(s). Specifically, it is further our intent to release the electronically-subscribed issues of Scholarship Watch and post the same to our web server no later than thirty calendar days after the first day of the month in which the applicable issue is printed in. Within ten calendar days of the electronic posting date, it is our intent to remit official E-mail notices (i.e., Electronic Delivery Receipts) to subscribers and/or purchasers of record whom we have legibile, traceable, and current e-mail addresses on file for. The sole function and purpose of the Electronic Delivery Receipts is to apprise each and every paid subscriber and/or purchaser of the electronic availiability of, the location of, the password to access, and the precise issue and/or version of either Scholarship Watch, or any of other electronic products. **With respect to Scholarship Watch, simultaneously of the posting of the electronic version, it is our express (both general and specific) intent to remit a sister paper-formatted version to both purchasers and subscribers of record within thirty calender days henceafter the posting date of the electronic version subject to the condition that such affected and willing parties whom desire a paper-formatted version specifically make a request for or indicate their preference for the same at the time of their respective purchase and/or order; otherwise, said issue and all issues affected thereafter shall be sent electronically to the same e-mail address the purchaser and/or subscriber indicated on the Scholarship Watch Registry Page or Electronic Merchandise Order Form.
LIII. Official NAAS Notice of Primary Format of Product Delivery
Unless personally communicated to or generally allowed otherwise, the primary method of which all newsletters shall be formatted and delivered in shall be electronic or digital. This format requires readers to have, use, and rely upon Adobe Acrobat Reader software. It shall be the sole and exclusive responsibility of each and every purchaser, user, and/or subscriber of any electronic or digitally- produced product to timely access and obtain the applicable electronic and/or digital product versions. By accessing and/or otherwise utilizing any of the electronic order forms available in this web presentation, such use and accessability shall constitute evidence of Internet access, consent to a digital and/or electronic-format, and indicate an exclusive preference for electronic delivery of all newsletters or other applicable products in an electronic format; such consent constitutes a complete, total, and absolute waiver of any rights to a refund and/or exchange for a paper-formatted version(s), including merchandise of comparable value. The average file size for each electronic version of Scholarship Watch is three mega-bytes or less. The file size for the electronic version of NAAS 200 Great Essay Package is approximately thirty-six mega-bytes; there are no paper-formatted versions of the NAAS 200 Great Essay Package. The average file size for either the NAAS-USA and/or NAAS-II electronic application literature is one mega-byte. Each purchaser, subscriber, user, however, should use his/her/its Property device function, or equilavent means, to determine the precise digital size of the applicable product in question.
LIV. Official NAAS Notice of Amendments to Policy
The Companies reserves all specific and general rights to define and to subsequently amend, alter, revise, as well as modify its internal policies governing the distribution, delivery of, format, and/or printing schedules of Scholarship Watch newsletters, NAAS literature, and other NAAS products and services, literaure, without further notice and without forewarning. In the event that there is conflict of the Official NAAS Policy Statement on Electronic Merchandise expressed in our official Policy Statement page versus our NAAS EAS/N2 RULES area then the policy articulated at the latter location shall take precedence.
LV. Official NAAS Notice of Ineligible Parties; in re: NAAS Rule EAS/N2 200-A, version 1.4
This policy is an amendment to NAAS Rule EAS/N2 200-A, version 1.3. The following types of persons are ineligible to receive an NAAS-sponsored award.
Students attending unlicensed and/or unaccredited schools;
Schools that have received specific legal/civil notices from program sponsor(s) that it has outstanding and/or unresolved citations or violations of official Sponsor policy;
Students that attend any school(s) that has/have outstanding and/or unresolved violations of official Sponsor policy;
Students whom have outstanding and/or unresolved violations of any official Sponsor policy or whom have engaged in any act(s) in violation of written and publicly posted Sponsor policy to the detriment of his/her fellow students;
Students attending any school or learning facility that uses or principally relies upon unlicensed and/or unaccredited "teachers" in which said "teacher(s)" are not subject to any centrally supervised disciplinary procedures, processes, or any independent analysis of the effectiveness of their skills, grading, over-all ability, character, integrity, etc.;
Students attending any school or learning facility that lacks a central district system of oversight and accountability. E.g., the school or facility lacks a superintendent's office or the equivalent of such an office;
Siblings of employees and/or workers of any tax-exempt group suspecting of engaging in political commentary in violation of I.R.S. rules or any tax exempt group suspected of failing to provide their Form 990 tax returns to any member of the public upon request;
Students attending any school or learning facility that employs undocumented "teachers" whose credentials cannot be independently confirmed through a central administrative database and/other governmental agency available to the general public;
Students whom are demographically ineligble;
Siblings of employees and/or workers of any federal or foreign incorporated agency, including any and all divisions and branches thereof, whereby said agency has a strategic or business alliance with a competitor of Sponsor, and/or any affiliates, agents, and/or assigns of the same, collectively or severally, in which said alliance and/or private relationship may reasonably be interpreted as having the potential to create one or more conflicts of interest and in which said strategic or business alliance was not expressly approved by both Houses of the U.S. Congress and/or by the applicable governing body of that State's government;
Siblings of employees and/or workers of any federal or foreign incorporated agency, including any and all divisions and branches thereof, whereby Sponsor and/or any and all affiliates, agents, assigns, predecessors, and successor(s) of the same, has or have one or more outstanding, pending, or unresolved claim(s), requests, and/or inquiry(ies) that has/have been filed, lodged, served, or delivered pursuant to any federal or foreign statute and/or Act in which Sponsor and/or affiliates, agents, assigns, including their principals, officers, agents, licensors, assigns, legal counsel, and contractors, have a reasonable or meritorious belief that the same, collectively and/or severally, acting within their capacity as citizens of the U.S. States, or being a locally domesticated entity, have a legal and lawful right to timely receive a favorable disposition with respect to the subject outstanding, pending, or unresolved claim(s), requests, and/or inquiry(ies), etc. et al; notwithstanding the foregoing, in the event that the outstanding, pending, or unresolved claim(s), requests, and/or inquiry(ies) is specifically exempted by some Act or statute, and the Sponsor and/or any and all affiliates, agents, assigns, predecessors, legal counsel, and successor(s) of the same, has or have been timely apprised in writing of the exemption and the reasons therefor then the affected sibling(s) of the employee and/or workers of the affected federal or foreign incorporated agency shall be exempted from NAAS Rule EAS/N2 200-A without further notice;
Students attending any school or learning facility whereby the student(s) rely upon a system or set of conditions in which a parent or family relative of the student serves in multiple administrative AND/OR teaching positions (real or virtual) with respect to the education and teaching of the affected student(s) to the exclusion of others.
Example: Any student that attends a school or purported learning facility whereby a particular student receives a principal part of his/her education from a parent or relative in which that same parent or relative coincidentally serves in multiple positions such as "teacher, principal, counselor, supervisor, school officer, coach, director, personnel, etc." and, if the "school" or purported learning facility excludes other equally capable students from attending the same school or the same learning facility then students benefitting from such a program are in fact ineligible to participate in any of our programs, as well as programs of our affiliates, and any academic "achievements" or academic records of said students will not be certified or accepted by current sponsor(s).
Example: Students purportedly or alleged to be receiving some type of educational training at a facility other than a traditional public, private, parochial, catholic, magnet or Department of Defense-type of school at the time of their application must prove or demonstrate that equally capable students within the same region are not being deprived of access to the same "school" or the same "learning facility".
LVI. Official NAAS Notice of Research Notes per Ineligible Parties ¶Our research suggests that students whom attend a traditional public, private, parochial, Department of Defense, Indian of Bureau Affairs School(s), and/or magnet school tend to perform better, tend to be better disciplined, tend to be more well-rounded, tend to be more involved in extra-curricular activities, and tend to be superior candidates for PMB-type awards.
¶Our research suggests that traditional schools have a central infrastructure system of accountability that is set up like a checks and balances system. The existence of a "checks and balances system" imposes a set of high ethical standards that the employees and personnel of such traditional schools must adhere to.
¶Our research suggests that non-traditional schools not falling into any of the acceptable catergories of eligibility tend to lack a "checks and balances system." Consequently, the affects of not having such a "checks and balances system"system presents a greater opportunity for such unwanted adverse affects as problems dealing with ethics; arms-length transactions; integrity; etc. For example, if a student is allegedly being taught by single person, and that person also encompasses multiple positions in both the student's educational curriculum and the student's private life then naturally the student will be more subject to the adverse control and direction of that person than if he/she were being taught or trained by an individual(s) whose teaching is completely at "arm's length" and no familial relationship exists between the two. However, we realize that not all non-traditional schools experience such problems and many, in fact, thrive.
¶Our research suggests that non-traditional schools and/or non-traditional learning facilities that lack a "checks and balances system" may be more susceptible to having students whom are the beneficiaries of illegitimate grade inflation, illegitimate references, and nepotism. Non-traditional schools and/or non-traditional learning facilities (and students whom use such services) often-times lack a "checks and balances system" and therefore "teachers" employed at such purported schools or purported learning facilities are certainly *NOT* obligated to any district, not obligated to adhere to any ethical considerations in the performance of their duties. However, we realize that not all non-traditional schools experience such problems and many, in fact, may find alternative means to balance their independence while preserving some sort of self-imposed "system" to regulate and monitor their conduct. Unfortunately, such self-imposed systems generally lack universally applied standards of acceptance and recognition, and therefore Sponsor reserves the discretion to NOT certify such schools or any academic records or files from such facilities/students.
¶As a general rule, our research suggests that any system lacking a "checks and balances system" (which is the cornerstone of the U.S. Constitution and many traditional colleges, universities, and academic institutions, etc., etc) is a system that appears to be more prone to produce insubordinate students and/or other adverse consequences. Such parties, through no particular fault of their own, lack a central system of oversight. Consequently, some PMB sponsors may view their participation in merit-based programs as unfair to students of traditional schools that do utilize an extensive "checks and balances system". Until further study on this subject is completed, and until such parties of these untraditional schools develop a comprehensive and universally accepted system of self-governance and accountability to specific standards of ethics, integrity, etc., sponsors of the NAAS-USA and NAAS-II programs are disinclined to allow such students to participate.
LVII. Official NAAS Notice of Intent and Purpose of awards (Higher Education Act of 1965)
It is neither the specific intent, the general intent, nor the express intent that the foregoing awards, with the exception of the NAAS-II awards, be used for the purpose of financing an education at an institution of higher learning. In this instance, the term institution of higher learning is defined by the meaning given in section 101 of the Higher Education Act of 1965 (a/k/a/ 20 U.S.C. 1001). The purpose of the awards is for successful recipients to use the awards to benefit humanity. purposes. Neither sponsor nor donor(s) control the use of the funds once a decision is made to relinquish the proceeds to a disinterested or non-affiliated party.
LVIII. Official NAAS Notice of Non-Liability for Third-Party Information
Neither Sponsor nor any entity associated with the same shall be liable for the display, listing, dissemination, compliation, or use of any inaccurate, false, out-of-date, or otherwise untrue information by any private, non-governmental, third party entity or person as pertains to Sponsor, including agents, affiliates of the same. This policy includes, but is not limited to such private, non-governmental third-party entities as scholarship search services, book publishers, web hosting companies, private associations and organizations, as well as Verisign, Inc. a/k/a Network Solutions, Inc., located at 505 Huntner Park Drive, Herndon, Virginia, 20170. Verisign, Inc., in fact, also acknowledges that its database and publicly listed information may not be accurate and is prone to errors. Sponsor assumes no liability for any errors, mistakes, associated with the use of and/or reliance upon any information supplied or distributed by Verisign, Inc., as well as any agents, assigns, or contrators used by said entity.
LVIX. Official NAAS Notice of Not Subject to Disaffirmance
NAAS AR/SR Rule 36 addresses the issue of disaffirmance. Pursuant to said rule, which provides, in part: "None of the obligations, rules, provisions, terms, provided herein, or expressed in any Scholarship Policy Statement or any Award Policy Statement, otherwise valid and not in conflict with any state and/or federal law(s), and entered into by any applicant or minor before he/she reaches the age of majority may subsequently be disaffirmed after or before the affected party reaches the age of majority; this provision shall be binding upon the heirs, executors, estate of and/or personal representative(s), guardian(s), of the affected minor or person. Not withstanding, absolutely no recipient or nominee of any of the advertised merit-based award program(s) shall retain the benefits enumerated in a Scholarship Policy Statement or Award Policy Statement while disaffirming any burdens that may be expressed therein."
Notwithstanding the foregoing, and the express limitations provided hereinabove, including the limitations of liability and warranties, viewing this web site, or accessing ANY pages or index to pages hereon, including the submission of electronic or telephonic correspondence, including the purchasing of any products or services advertised in this web presentation, constitutes an agreement by Reader and/or the purchasing party to adhere to ALL of the aforesaid and the performance hereunder shall be governed by the laws of the State of
California, in the United States of America, L.A. County, in a Superior Court possessing both subject matter and in personam jurisdiction, and any action, suit or proceeding instituted hereunder or related hereto shall be maintained in the Small Claim Court(s) of the State just mentioned, or in a forum expressly consented to Sponsor or agents of the same, which qualified court(s) shall have exclusive subject matter and personal jurisdiction for transactions less than $1,000.00.
LX. Official NAAS Notice on Posting of Past award amounts
All past or prior award amounts and award types past award quantities, posted on the subject web presentation, within NAAS.ORG, NAAS-NEWS.INFO, or affiliated websites, are not and should not be indicative of future, current, pending, and/or projected award amounts, award types, or award quantities.
LXI. Official NAAS Notice on Singular nouns and Pronouns
Unless the context otherwise requires, singular nouns and pronouns, when used herein, shall be deemed to include the plural of such noun or pronoun and pronouns of one gender shall be deemed to include the equivalent pronoun of the other gender. Each part of the foregoing, including all rules, provisions, conditions, and terms of the award programs sponsored by the Companies , is intended to be severable. If any term, covenant, condition or provision hereof, including those certain terms and provisions associated with any award programs sponsored by the Companies , is adjudicated to be unlawful, invalid, or unenforceable for any reason whatsoever in a court of competent jurisdiction, then all such remaining parts and conditions hereof shall be valid and enforceable and have full force and effect as if the invalid or unenforceable part had not been included. For urgent administrative or organizational concerns about the Companies, please address such correspondence to the Administrative contact address above or displayed in the Bio-Synopsis web portion of the NAAS website during the time period noted therein and in accordance with the procedures so stated.
LXII. Beta-denominated products and/or services.
Unless the context otherwise requires or explicitly stipulates as relates thereto, NAAS products and services denominated and/or characterized by a Beta symbol may not yield an immediate monetary value, and are primarily designed to test market the appeal of a particular product or service; and, in all cases, register the name, address, and contact information of the paricipant for possibly future products and/or services of substantially the same or higher grade. In addition to the foregoing, the Companies will, of course, retain the name, contact information, and e-mail addresses of each of the participants, subscribers, and purchasers of such products and/or services for the purposes of research, study, evaluation, and recommendation for similar, same, or upgraded NAAS products, services, awards for a period of two years. If, during this two-year time period, or before the expiration of such time period, the Companies elect to upgrade the Beta (testing) product to an alpha (fully funtional) product the original particpipants to the former will pay no additional processing, administrative, and/or other costs/fees regardless of the increased value or costs of the upgraded product, service, or award(s).
LXIII. NAAS Reciprocity Rules of Intellectual Property
Unless specifically authorized by National Academy of American Scholars, or legal registrant of record, User or site visitor agrees not to use, display, print, or embed any intellectual property associated with the Companies, on its respective website(s) or advertising literture, or otherwise violate any U.S. Trademark or U.S. Copyright laws(s) as pertains to the NAAS.ORG website, and affiliate websites, including any intellectual property registered with the U.S. Patent & Trademark office. User agrees that the remedy for any breach of any intellectual property rights of The Companies may include civil, as well as criminal litigation, and the posting of such facts, opinions, or conclusions on the NAAS.ORG or affiliate websites. User further agrees that the unauthorized use of any intellectual property associated with National Academy of American Scholars, constitutes a consent and permission of User granted to the Companies to use any intellectual property of offender in the same or similar manner, and for any purposes whatsoever, until user either completes an official NAAS SP Form 1066 Complaint form requesting the Companies to cease and desist use of the affected intellectual property, or until User ceases use of the mark(s), or copytighted content as relates to The Companies. This rule shall be known as the NAAS Reciprocity Rules of Intellectual Property and is independent of United States Copyright Act, 17 U.S.C. § 501 et seq. (the "Act").
LXIV. NAAS OF THIRD-PARTY DATA
Neither The Companies nor its respective authorized agents shall be responsible for the content, timing, and placement accuracy of any temporary data (including any data stored in cache) from any independent third-party company(ies), and on any server(s) other than the official host server of the NAAS.ORG website.
LXV. Official NAAS Policy on Intrusive Accesses to NAAS Related websites.
National Academy of American Scholars prohibits instrusive accesses to the NAAS.ORG websites, and all affiliate websites, and marketing channels related thereto, including NAAS Youtube, NAAS Myspace, NAAS Blogs, NAAS Facebook, and all marketing websites visible to and generally accessible by the public. Per NAAS EAS/N2 Rules, an intrusive access to the NAAS.ORG website is an access or entry into the same in which the intruder or visitor is generally not welcome, has no intent to purchase or buy any NAAS products, or servics, is not qualified or eligible to enter into any NAAS Award program, and has no son, daughter, actively pursuing or participating in ANY program(s). An intruder access the NAAS.ORG website for corrupt purposes, either to harass, bother, or annoy Sponsor, or agents or affiliates related thereto.
LXVI. Official NAAS Policy and Definition of an Intruder
Pursuant to this notice, and disclaimer, and NAAS EAS/N2 Rules, whoever (regardless of social status, title,personal wealth, or employer):
(1)In interstate or foreign communications--
(A) by means of a telecommunications device knowingly
makes, creates, or solicits, and;
initiates the transmission of any electronic or digital signal to the NAAS.ORG website, or any related websites affiliated with the same, or assumed to be affiliated with the same, which is done for any purpose or reason not intended by sponsor, and which has the effect, by intent or accident, of disturbing, annoying, harassing, abusing the servers or electronic equipment that hosts the NAAS.ORG website(s), or done for the purposes of implicitly threatening, or violating the U.S. Constitutional rights or U.S. Civil liberties, of any NAAS Agent or officer;
(B) by means of a telecommunications device knowingly
makes, creates, or solicits, and;
initiates the transmission of of any electronic or digital signal , or makes a request to connect to a page or portion of the NAAS.ORG website, or any affiliate or related NAAS website(s) knowing that the recipient of the communication or NAAS Agent has not solicited such communication or request, regardless of whether the maker of such communication or requestor placed the call, request, or initiated the communication;
(C) makes a telephone call or utilizes a telecommunications device, whether or not conversation or communication ensues, without disclosing his identity and employer, and with intent to annoy, abuse, threaten, or harass any person at the called number or who receives the communications
(D) makes or causes the telephone of another repeatedly or continuously to ring, with intent to harass any person at the called number; or
(E) makes repeated telephone calls or repeatedly initiates communication with a telecommunications device, during which conversation or communication ensues, solely to harass any person at the called number or who receives the communication; or knowingly permits any telecommunications facility under his/her control to be used for any activity prohibited by this notice with the intent that it be used for such activity, shall be publicly declared as having violated NAAS Intruder Rule, and shall be subject to all available civil and criminal pernalties, and NAAS EAS/N2 Rules, and have their identity and methods publicly disclosed.
LXVII. Official NAAS Policy on Proxy Servers
The operators of this website prohibit the use of proxy servers, and other ways and techniques to conceal the identity of those accessing the NAAS.ORG website(s). If you intend to visit the NAAS.ORG website via a proxy server, it is required that you first obtain an NAAS Customer Ticket by completing NAAS EAS/N2 Form GEC 002.
LXVIII. Official Notice of Rights Pursuant to the Digital Millennium Copyright Act
A. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
A physical or electronic signature of a 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 single 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 the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Company's designated Copyright Agent to receive notifications of claimed infringement is detailed below. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to NAAS-USA FUND customer service by completing NAAS EAS/N2 GEC 001 located at http://www.naas.org; or, if sais website is unavailable, at http://www.naas-news.info/. You acknowledge that if you fail to comply with all of the requirements of this Section LXVIV(A), your DMCA notice may not be valid.
B. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:
Your physical or electronic signature;
Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Los Angeles, CA, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
LXVIX. Counter Notice to the Digital Millennium Copyright Act
If a counter-notice is received by the Copyright Agent, NAAS-USA FUND may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at eLas Vegas Video Service's sole discretion.
LXVX. Official Notice and Procedure for Making Claims of Copyright Infringement Pursuant to the Digital Millennium Copyright Act
If you believe that you hold a claim of copyright infringement against National Academy of American Scholars, of the Companies, submit notice of your claim to the following Designated Agent: Designated NAAS DEIA Agent
LXVXI. California Privacy Rights
California has passed legislation requiring certain specific disclosures be made available to California residents who use the Internet and provide information that may be used for marketing purposes. That legislation requires any business that discloses a customer's personal information (as defined by the act) to any third party for direct marketing purposes to provide the customer a method for obtaining the names, addresses and certain other specified details of anyone who might have received that personal information. If you are a California resident you may request this information from NAAS-USA FUND, INC., Attn: California Privacy Rights, or any of its affiliates by writing to NAAS-USA FUND, INC., Attn: California Privacy Rights, Six-hundred One South. Figueroa Street, Suite#4050, 90017. or by sending an e-mail to legal.naas@naas.org. NAAS-USA FUND, INC. is not obligated to respond to more than one such request from any requester per calendar year.
