By “Personal Information” we mean information about an identifiable individual. Personal Information does not include information about a business or aggregated, statistical or system performance information that does not identify a specific individual.
This Policy does not apply to information about the NSCD employees or to information that is not Personal Information.
PERSONAL INFORMATION THE NSCD COLLECTS AND HOW IT IS USED
The NSCD collects Personal Information in a number of circumstances during the course of operating our adapted sports and recreation organization. We use this information in order to provide you with the best possible service and to meet our organizational needs.
(a) We collect your Personal Information when you create an account, purchase a product or service or enroll in a program
When you create an account, purchase (or register for) a product or service or enroll in a program, we collect your Personal Information in order to process, administrate and fulfill the transaction. We may also send you information relating to your purchase, reservation or enrollment. For example, if you make a reservation for one of our programs, we may send you preparation (what to expect) communications as well as directions and instructions. The information we may collect and use for these purposes includes but is not limited to your:
- name and contact information, in order to identify and communicate with you
- medical and health information, such as disabilities, health history, allergies and other conditions of which we need to be aware if you are participating in our products, services and programs
- payment information, to process transactions
- age and/or birth date
- race/ethnicity, as this information may help us qualify for grants
- biometric data (such as height, weight) where this information is relevant in connection with the product, service, program or activity that you have requested (for example, we may need gender, height and weight to provide you with appropriate rental equipment)
- photograph, in order to identify you as a passholder or other guest
- status as the parent or guardian of a minor guest, if applicable
- experience preferences and past program participation
- geographic location
Depending on your marketing preferences, we may also use this information to send you offers, invitations or promotions relating to our products, services or programs that we believe may be of interest to you.
In some cases, you may provide us with Personal Information relating to a family member or other individual. By providing us with Personal Information relating to an individual other than yourself, you represent that you have their consent to provide us with his/her/their Personal Information for the purposes described in this Policy.
In some cases we may also ask you specific questions about your preferences or for feedback on our products, services and programs. We use this to improve such products, services and programs and better understand the guest perspective.
(b) When you buy lift tickets, passes and other products for Winter Park Resort through us, Winter Park Resort may collect Personal Information about you.
When you purchase or use Winter Park Resort lift tickets, passes and other products, the resort may collect Personal Information regarding your geographic location, activities and purchases while you are at the resort. Winter Park Resort pass products and lift tickets use either handheld scanner or RFID (radio frequency identification) technology. Through the use of this technology, Winter Park Resort may be able to collect information regarding your location at the resort, including the lifts that you ride, and depending on whether you have a payment card linked to your pass product, other commercial transactions that you complete at a Winter Park Resort retail or restaurant location. The resort uses this information to understand how their guests use the resort and to understand your personal preferences.
(c) We collect your Personal Information when you submit an inquiry or provide feedback
We may collect your name, contact information and comments or questions when you submit an inquiry or comment, complete a survey or otherwise provide us with feedback about our organization. We may use this information to respond to your question and to improve our organization, products, services and programs.
(d) We collect your Personal Information when you participate in a fundraising or marketing initiative
We collect your Personal Information, such as name, contact information, age and payment information, if you decide to make a donation, buy raffle tickets, bid in auctions, or otherwise participate in fundraising and marketing initiatives. We may use this information to process, administrate and fulfill the initiative, including contacting and announcing winners (where applicable), to improve our products, services and programs, and for marketing initiatives depending on your marketing preferences.
(e) We collect your Personal Information from third parties
The NSCD may also supplement the Personal Information that you provide to us with information that we obtain from third parties. We do not use this information for any purposes other than those described above.
COLLECTION OF INFORMATION THROUGH COOKIES AND OTHER TRACKING TECHNOLOGIES
When you visit the NSCD website, your web browser sends us certain information depending on the web browser that you use and your security settings. This information may include your IP address, the name and version of your operating system, the name and version of your web browser, other technical data information, whether you accessed our website from a computer or a mobile device, when you open emails we send you, the date, time, and duration of your visit, and geolocation data. This web browser data helps with system administration, traffic reposting, and auditing. It also helps us better understand who our guests are, how they use our services, and what we can do to improve the user experience. We may use this information to offer you products and services and to create aggregate statistics. This helps us improve your experience both online and at our resorts.
The NSCD also uses “cookies” to customize your website user experience by tailoring online content to align with your browsing habits. Cookies are small pieces of data, stored on your hard drive that send us information about your online browsing habits, including login and browsing history, button impressions, and personal preferences. Cookies also tell us under which account a user is logged in to one of our websites and this information helps us protect your information by making sure your personal preferences are only displayed when you are actually logged in. If you tell the NSCD website to “Remember Me” or save your preferences, this information is stored using a cookie. Some cookies are also required to support the functionality of your transaction (e.g. putting items in your shopping cart).
A Web Beacon is a tiny graphic with a unique identifier which is placed in the code of a web page. The NSCD uses Web Beacons to count visitors to its website and to monitor the traffic patterns within our website, to deliver or communicate with cookies, to understand how you have come to our site, and to improve site performance. Web Beacons help us to measure the effectiveness of our content and other offerings.
You can choose to disable cookies using your web browser’s preferences menu. By turning off cookies, we will still be able to track your browsing history during a single visit to our website however, we will not be able to link your browsing history during each of these visits to you, as you will be considered a new visitor each time you visit our website. Web Beacons will no longer be able to track your activity on our website however, the Web Beacon may be able to continue to track activity based on your IP address. Be aware that turning off cookies may disable certain functions on the website and cause it not to function properly.
The NSCD may include links to third party sites on our website. When you click on those third party links, you leave our website. This Policy does not apply to third party sites or any information that you provide on those sites.
THE NSCD MAY COMBINE YOUR PERSONAL INFORMATION
The NSCD may combine the Personal Information that you provide, or that we collect, in order to better understand your needs, requirements, and personal preferences so that we may improve our organization, products, services and programs and optimize your experience when you visit our program locations, or when you are dealing with one of our team members, a customer service representative, an NSCD agent or other authorized third party.
Depending on your marketing preferences, we may also use this information to send you offers, invitations or promotions relating to our locations, products, services or programs that we believe may be of interest to you. For example, we may monitor your commercial transactions or browsing habits on our website or at our program locations which may influence the personalized special offers and promotions that we send to you.
WHEN THE NSCD SHARES PERSONAL INFORMATION
The NSCD does not sell your Personal Information. We may, however, share your Personal Information with third parties in the following circumstances:
- Service Providers– The NSCD may share your Personal Information with third-party service providers who provide services on our behalf such as payment card processors, call center administrators, web-site hosting, data management, identity verification (for example, in order to confirm your eligibility for special offers, such as military discounts), market analyses, marketing, advertising, and contest administration, or your Personal Information may be collected by such service providers on our behalf.
- Partners– The NSCD may disclose your Personal Information to third-party partners in situations where the disclosure is necessary in order to complete or provide the service, product, or information that you have purchased or requested. For example, we may disclose your Personal Information to a third-party tour operator if you purchased a tour from the third-party tour operator as part of one of our programs.
- Foundations and Grantors – The NSCD receives grant funding from third parties including Disabled Sports USA (DSUSA) that helps to keep certain programs affordable for participants. As a condition of this grant funding, the NSCD reports some participant information to DSUSA, including birthdates and diagnoses, so that DSUSA can measure the impact of their funding. If you have questions or concerns, please contact our development team at [email protected]
- Corporate Transactions– The NSCD may disclose your Personal Information to another entity, if necessary, in the event of an actual or proposed merger, sale, a re-organization including as part of insolvency or bankruptcy proceedings, or for the purposes of evaluating and/or performing such transaction.
- Special Circumstances– The NSCD may consider it necessary or may be required by law to disclose your Personal Information with our attorneys, or with others who are legally authorized in certain emergencies where the health, safety, or well-being of a person is at imminent risk, or if required in order to comply with a court order, or as otherwise required to comply with the law.
The NSCD collects, uses and discloses your Personal Information as outlined in this Policy and with your consent, except where permitted or required otherwise by law. We may be required or permitted under statute or regulation to collect, use or disclose Personal Information without your consent, for example to comply with a court order, to collect a debt owed to us or if there is an imminent threat to an individual’s health, safety, or well-being.
Your consent may be express (for example, oral, written, or electronic) or your consent may be reasonably inferred or implied from something that you do (for example, use of our website, implies consent to the collection, use and disclosure of your Personal Information as described in this Policy). In some instances, an authorized representative may consent on your behalf. In the case of minor children or compromised adults, a parent or legal guardian may consent to our collection, use and disclosure of a minor’s or compromised adult’s Personal Information.
You may withdraw your consent at any time, subject to legal or contractual restraints. However, your withdrawal of consent might affect your experience and the NSCD’s ability to provide products or services to you, or quick and accurate service to you either on-line or through our service agents.
If you do not consent to the collection, use and disclosure of your Personal Information online as described in this Policy, do not use our website.
HOW TO MANAGE YOUR MARKETING PREFERENCES
If you no longer want the NSCD to use your Personal Information for marketing purposes, including to send you promotional communications, you may contact us (see “Contact Us” section below) and ask to be removed from our mailing and/or contact lists. We may ask you for more information where required in order to identify you correctly.
You may also manage your NSCD email preferences by clicking on “Unsubscribe” to stop receiving future promotional communications from us, or by clicking on “Manage My Email Preferences” found at the bottom of any of our emails you receive in order to manage your email subscriptions.
If you wish to stop receiving text messages from us, please either reply “STOP” to the text message, or contact us with your request (see “Contact Us” section below).
Children Under 13: The NSCD does not knowingly collect Personal Information from children under the age of thirteen without prior consent of the child’s parent or legal guardian. The NSCD’s website and social media pages available online are not directed to users under the age of thirteen.
ACCESS AND CORRECTION
Request a Copy: To obtain access to, or a copy of, your Personal Information that we have on file for little or no cost contact [email protected]d.org or send a written request to 1801 Mile High Stadium Circle, Suite 1500, Denver CO 80204: Attention: Operations and Communication Director. Access to this information may be denied if you are unable to verify that you are the subject of the request. Information may also not be provided when giving you access to the information would threaten someone’s life or security, reveal third-party Personal Information, breach confidentiality, violate attorney/solicitor-client privilege, disrupt a formal dispute resolution, or impede a law enforcement investigation.
Accuracy: We endeavor to ensure that your Personal Information is as accurate, complete, and as up to date as necessary for the purposes for which it will be used or shared. If you would like to request correction of your Personal Information that we have on file you may write to us at [email protected] or send a written request to 1801 Mile High Stadium Circle, Suite 1500, Denver CO 80204: Attention: Operations and Communication Director.
HOW WE PROTECT YOUR INFORMATION
We will generally keep your Personal Information on file for a reasonable period of time in order to meet our needs as described herein and as applicable, the needs of the parties to whom we disclose it. This file will be maintained on our servers or those of our service providers and will be accessible by our authorized employees, service providers and representatives. We maintain reasonable and systematic controls, schedules, and practices to retain and destroy Personal Information.
Internal Protections: The NSCD protects Personal Information by security safeguards appropriate to the sensitivity of the information. We have policies and practices to protect against loss, theft, unauthorized access, disclosure, copying, use, modification, or destruction. While we make efforts to protect your information we are not in a position to guarantee that your Personal Information will always be secure. There may be factors beyond the NSCD’s control which may result in loss or theft, or unauthorized access, use or disclosure of your Personal Information. As a consequence, we disclaim any warranties or representation on non-disclosure of your Personal Information. We also employ an Operations and Communications Director to be accountable for the NSCD’s compliance with these policies and whom you may contact at the address below with any question, concern or complaint.
External Protections: To protect information disclosed to service providers, the NSCD uses contractual or other means to provide a similar level of protection so that service providers treat the information confidentiality, implement appropriate security measures and only use and disclose the information for the purposes of providing the applicable services.
Please be aware that your information may be transferred to, stored and processed by the NSCD cloud storage and other service providers with data centers outside of the United States. By providing us with your information, you understand that your information may be transferred to the facilities of those third parties with whom we share it as described in this Policy.
Responsibility: The NSCD’s Operations and Communications Director is responsible and accountable for the NSCD’s compliance with this Policy and will handle all privacy-related inquiries and complaints.
Contact Us: If you have any questions regarding our privacy practices, you may contact us at:
Mail: National Sports Center for the Disabled
Attention: Operations and Communication Director
1801 Mile High Stadium Circle, Suite 1500
Denver, CO 80204
Email: [email protected]
Phone: (303) 633-5802
SUBJECT TO CHANGE
This Policy is subject to change and may be supplemented or modified at any time. You should check this site regularly to stay up-to-date about changes to this Policy. If material changes are made, we will notify you by placing prominent notice on our website https://www.nscd.org/privacy-policy.
This Agreement uses certain terms defined as follows: the terms “we”, “us”, “our” and “NSCD” refer to the National Sports Center for the Disabled. The term “you” or “Users” refers to the user visiting and/or purchasing from the website.
Use Of The Website
As a condition of your use of this website, you warrant that (i) if you are conducting or participating in a financial transaction, you have the legal authority and authorized capacity to complete the transaction and you possess the legal authority to create a binding legal obligation; (ii) you will use this website in accordance with this Agreement; (iii) you will only use this website to seek information about the NSCD goods and services and to make legitimate reservations or purchases for you or for another person(s) for whom you are legally authorized to act and only to the extent permitted by the terms and conditions relating to such reservation or purchase; (iv) you will inform such other person(s) about the terms and conditions that apply to the reservations or purchases that you have made on their behalf, including all rules and restrictions applicable thereto; (v) all information supplied by you on this website is true, accurate, current and complete. We retain the right at our sole discretion to deny anyone access to this website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.
Certain Website Transactions
We reserve the right to revoke any offer or to refuse any order that you place with the NSCD through this website. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per transaction. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
Unless otherwise noted, the website and all materials on the website, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, and all other elements and components of the website including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress or other intellectual property in such materials (collectively, the “NSCD Content”) are owned or used under license by the NSCD .
The website and the NSCD Content are intended solely for personal, non-commercial use. You may download or copy the contents and other downloadable materials displayed on the website for your personal use only. No right, title or interest in any downloaded content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, copy or create similar trade dress, sell or exploit in any way any of the website or the NSCD Content.
Notice and Procedure for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, ß512(c)(2), in the event that you believe in good faith that your copyrighted work has been reproduced and is accessible on the website in a manner that constitutes copyright infringement, please provide written notice of the suspected infringement to the NSCD at the address below. Please include the following information in the written notice:
- Identify your copyrighted work on which infringement is claimed and its location on the website;
- Include a statement that the content of the written notice is accurate and, under penalty of perjury, you are, or are authorized to act on behalf of, the owner of the copyright for which you claim infringement;
- A signature (electronic or physical) of you or an authorized signatory on behalf of the copyright owner asserting to the claim of copyright infringement and the submission of the notice.
Notices of infringement, including this required information, should include “DMCA Notice of Copyright Infringement” in the subject line and be sent to:
Mail: National Sports Center for the Disabled
Attention: Operations and Communication Director
1801 Mile High Stadium Circle, Suite 1500
Denver, CO 80204
Email: [email protected]
Phone: (303) 633-5802
The NSCD reserves the right to remove any content or material from the website that infringes on copyright under the laws of the United States or Canada provided that the written notice of infringement includes the required information set forth in Title 17, United States Code, ß512(c)(2). Under United States law, written notices of infringement under Title 17, United States Code, ß512(c)(2) that are not submitted in good faith may carry significant penalties.
Supplier Rules And Restrictions
Additional terms and conditions may also apply to (i) your reservation (if any); and (ii) your purchase of products or services (if any). Please read any applicable separate terms and conditions carefully as they may include restrictions or limitations on rental or participation age and/or weight, program fees/charges, limitations of liability, and information regarding cancellation/refund policies, credit card billing information and much more. You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier’s rules and restrictions regarding availability and use of fares, products, or services. In the event of a conflict between this Agreement and any separate terms and conditions, the separate terms and conditions shall prevail. You acknowledge that NSCD and/or some third-party providers offering certain services and/or activities may require you to sign a release of liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such supplier’s rules and restrictions may result in cancellation of your reservation(s), in your being denied access to or use of the applicable product or services, in your forfeiting any monies paid for such reservation(s) or purchase(s), and/or in our debiting your account for any costs we incur as a result of such violation.
User Comments, Feedback, And Other Submissions
All comments, feedback, suggestions, ideas, videos, pictures, music, blogs, bulletin boards, and other submissions disclosed, submitted or offered to the NSCD, whether online, by email, by postal mail, or otherwise (“Comments”) shall be and remain the NSCD’s property. Your disclosure, submission or offer of any Comments shall constitute an assignment to the NSCD of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments, and the NSCD shall not be limited in any way in its use, commercial or otherwise, of any Comments. The NSCD is and shall be under no obligation to: (1) maintain any Comments in confidence; (2) pay compensation for any Comments; or (3) respond to any Comments. The NSCD has the right but not the obligation to monitor and edit or remove any Comments from the website.
You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead the NSCD or third parties as to the origin of any Comments. You are solely responsible for any Comments you make. The NSCD takes no responsibility and assumes no liability for any Comments posted by you or any third party.
The prices displayed on the website are quoted in U.S. Dollars.
Certain products may be offered exclusively online through the website. These products may have limited quantities and are subject to change or cancellation only through the website according to the applicable policy.
Warranties, Disclaimers, And Limitations Of Liability.
THE WEBSITE AND ALL WEBSITE CONTENT, INCLUDING THE NSCD CONTENT, IS MADE AVAILABLE TO YOU ON AN “AS IS” BASIS. THE NSCD MAKES NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO (1) THE OPERATION AND FUNCTIONALITY OF THE WEBSITE, (2) THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, SAFETY, AND IP RIGHTS OF ANY OF THE WEBSITE CONTENT, AND (3) THE PRODUCTS AND SERVICES ASSOCIATED WITH THE WEBSITE OR WEBSITE CONTENT, INCLUDING BUT NOT LIMITED TO THE PRODUCTS AND SERVICES SOLD BY BUSINESSES LISTED ON THE WEBSITE. THE NSCD FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM THE NSCD OR THE WEBSITE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR CONDITION NOT EXPRESSLY STATED HEREIN.
IN NO EVENT WILL THE NSCD BE LIABLE FOR ANY: (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES; (B) LOSS OF PROFITS; (C) BUSINESS INTERRUPTION; (D) LOSS OF OR DAMAGE TO REPUTATION OF NATIONAL SPORTS CENTER FOR THE DISABLED; (E) LOSS OF INFORMATION OR DATA; OR (F) DIRECT DAMAGES IN EXCESS OF $500, REGARDLESS OF THE FORM OF ACTION; (WHETHER SUCH LIABILITY ARISES DUE TO NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION OR ANY OTHER REASON) WITH RESPECT TO OR ARISING FROM YOUR USE OF THE WEBSITE, RELIANCE UPON THE CONTENT OF THE WEBSITE OR ANY RESERVATIONS OR PRODUCTS OR SERVICES PURCHASED THROUGH THE WEBSITE.
Errors, Inaccuracies, and Omissions.
Occasionally there may be information on our website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders or reservations, if any information on the website is inaccurate at any time without prior notice (including after you have submitted your order or reservation).
Links to Other Web Sites and Services.
Links to third party websites on this website are provided solely as a convenience to you. If you use these links, you will leave this website. The NSCD has not reviewed all of these third party websites and does not control and is not responsible for any of these websites or their content. Thus, the NSCD does not endorse or make any representations about them, or any information, or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this website, you do this entirely at your own risk.
You are prohibited to use NSCD ’s website in any manner so as to harass, threaten, embarrass, abuse or cause distress, unwanted attention, or discomfort to any person or entity. This prohibition extends to any Comments or conduct that NSCD may deem, in its sole opinion to be vulgar, hateful or racially or ethnically offensive, or otherwise objectionable. For greater certainty, any message or conduct that is repeated after warning is given notifying that such conduct is unwelcome, constitutes harassment.
False Advertising Prohibited.
You are prohibited to use the NSCD’s website to post any advertising promotions, and other content that contains false, misleading, defamatory, or deceptive statements or claims.
The NSCD assumes no liability or responsibility for the security of User’s facilities or networks or for unauthorized access to such networks or facilities. In all cases, Users are responsible for determining and establishing secure network access configurations. The NSCD, its partners, affiliates and suppliers and each of their respective directors, officers, employees, consultants, agents, and suppliers shall not be liable for any inability, failure or mistake related to any security breach or identification of such breach or any loss that results from the transmission of confidential or sensitive information over the Internet.
Except to the extent prohibited under the applicable law, you agree to defend, indemnify and hold the NSCD and its affiliated entities and any other party involved in the content or creation of this website, and each of their directors, officers, employees, agents, shareholders, licensors and representatives, harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the website or submission of Comments, or your breach of any representation, warranty, or other provision of the Agreement.
This Agreement shall be construed in accordance with the laws of the State of Colorado, without regard to any conflict of law provisions. Except in the event of a conflict between this Agreement and any other agreement between You and NSCD or an affiliate regarding the governing law provision, any dispute arising under this Agreement shall be resolved exclusively by the jurisdiction of the state courts of Colorado located in Denver County, Colorado and by the federal courts, as applicable, located in Denver County, Colorado, whichever shall apply. For the avoidance of doubt, the governing law of a release of liability waiver shall prevail over this Agreement. You hereby waive any jurisdictional, venue or inconvenient forum objections to such courts.
This Agreement is effective unless and until terminated by either you or the NSCD You may terminate this Agreement at any time. The NSCD also may terminate this Agreement at any time without notice, and accordingly may deny you access to the website, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.
- This Agreement contains the entire agreement between you and the NSCD regarding the use of the website and supersede any prior agreement between you and the NSCD on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in this Agreement.
- The failure of the NSCD to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
- If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remainder of this Agreement shall otherwise remain in full force and effect and enforceable.
- This Agreement is not assignable, transferable or sublicensable by you except with the NSCD’s prior written consent, but may be assigned or transferred by the NSCD without restriction. Any assignment attempted to be made in violation of this Agreement shall be void.
- The section titles in this Agreement are for convenience only and have no legal or contractual effect.