NAA Store Terms & Conditions
Superior Performers Inc. d/b/a National Agents Alliance (“NAA”) through the NAA Store provides you access to certain products, services and/or programs subject to your acceptance of and compliance with these Terms and Conditions. In these Terms and Conditions (also referred to as “Agreement”), “Member,” “you” and “your” means the person who participates in some function of the NAA Store. The term of the Agreement will commence at the time of the purchase and pay for your order and will end when terminated by either party in accordance with the terms of Agreement (the "Term").
2. YOUR RESPONSIBILITIES.
a. Payment. Your order is subject to acceptance or cancellation by NAA, in NAA's sole discretion. Terms of payment are within NAA's sole discretion, and unless otherwise agreed to by NAA, payment must be received by NAA prior to NAA's acceptance of an order. Each accepted order will be interpreted as a single Agreement, independent of any other orders. Payment for the order must be made by credit card, automated clearing house, wire transfer, electronic funds transfer or some other prearranged payment method unless other terms have been agreed to by NAA. Payment to NAA in respect of Products, as applicable, shall be made to the account indicated by NAA (as may be amended from time to time). NAA reserves the right to charge you a penalty of 1.5% per month applied against any overdue amounts, or the maximum rate permitted by law, whichever is less. In addition, NAA, without waiving any other rights or remedies to which it may be entitled, shall have the right to refuse additional orders for Products from Customer until NAA's receipt of all overdue amounts. NAA shall have no liability to Customer for any such refusal of additional orders. NAA further reserves the right to seek collection of all overdue amounts (including by referral to third party collectors), plus all reasonable legal fees (including reasonable attorneys fees) and costs associated with such collection.
b. Shipping Charges and Taxes. Taxes, shipping and handling charges are not included in Product prices and are expressly indicated at the time of sale. Loss or damage that occurs during shipping by a carrier selected by NAA is NAA's responsibility. Loss or damage that occurs during shipping by a carrier selected by you is your responsibility. Shipping and delivery dates are provided as estimates only. You must notify NAA within 21 days of the date of your purchase if you believe any part of your order is missing, wrong, or damaged.
c. Prices. The prices charged for Products purchased under this Agreement shall be the amounts set forth on NAA's website.
d. Refunds. If you are not completely satisfied with your NAA Store order, send it back to us. We’ll be happy to make an exchange or refund you for the original price paid when the item is returned within 30 days. Refunds are issued in the original form of payment. You may return online purchases by mailing them back to our home office at 1214 Turrentine Street, Burlington, NC 27215. All merchandise must still be in the original packaging with tags still attached and your invoice/ receipt included. You are responsible for risk of loss, shipping and handling fees for returning or exchanging any merchandise. If you bring an item that you want to return to a meeting you need to make sure that you bring your invoice or receipt and the credit card that you used to make the purchase. We can exchange the merchandise or we will issue a credit to your credit card in the amount of the original purchase. If you do not have your invoice or receipt you will only be able to exchange the merchandise for the amount that the item is priced at, at that time. Items bought on clearance are not eligible for return or exchange.
e. Disputed Charges. You agree to submit any disputes regarding any charge to your account in writing to NAA within thirty (30) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge.
f. Accurate Information. You agree to promptly (i) update all information to keep your account and payment method current, complete and accurate (such as a change in billing address or email), (ii) notify NAA in writing if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password, and (iii) notify NAA in writing if your Payment Method is canceled.
g. Intellectual Property; Use of the Program(s). In the event that NAA shall provide written consent (separate and apart from this Agreement) for use by you of any intellectual property of NAA, including copyrights, trademarks, the name NAA, e-mail domains, website domains and logos, then the terms of this Agreement shall govern such use. You and NAA intend and agree that any license granted to you shall be a limited, non-exclusive, revocable, non-transferable license (the “License”) to utilize the approved NAA logos, graphics, web domains, e-mail addresses and other proprietary materials (the “Intellectual Property”) for the purpose of promoting and enhancing the awareness and image of NAA, as well as promoting and enhancing your independent local business, pursuant to the following terms:
h. License. Upon receipt from NAA of the Intellectual Property and until the termination of this Agreement or the express written revocation of the License granted in this Agreement, which may be given at any time and for any reason, NAA grants you a temporary, nonexclusive, revocable, personal, non-transferable License to use the Intellectual Property as defined herein, in accordance with NAA policies as set forth in this Agreement and any future written addendum or authorization as issued by NAA from time to time. The License granted in this Agreement shall be for the sole purpose of assisting you in the promotion, marketing and sale of insurance policies and related financial products authorized by NAA from time to time (the “Permitted Purpose”). You agree that all rights, title and interest to the NAA Intellectual Property shall be the exclusive property of NAA. You will not sell, assign or otherwise authorize another entity or person to use the Intellectual Property.
i. Termination of License. NAA may terminate this license at any time. Upon the request of NAA or upon the termination or expiration of this Agreement, you will immediately cease using any and all Intellectual Property, trademarks, the NAA name, in any form or media, including without limitation NAA’s logos, e-mail addresses, domain names, trademarks and trade names.
3. ACCESS.For purposes of the Agreement, all Web pages that are owned, operated or hosted by or for NAA or an NAA Entity (defined below) are referred to herein as the “NAA websites.” During the Term, you are authorized to access and use the NAA Store and NAA websites and the content and data solely for internal use to manage your NAA-related business. You shall not disclose or make available passwords or access codes related to your NAA accounts. You agree that you will not interfere or attempt to interfere with the proper working of the NAA Store, NAA websites, any Program, or NAA systems.
4. REPRESENTATIONS AND WARRANTIES.You represent, warrant and covenant that you have sufficient authority to enter into the Agreement, and that your use of NAA’s products are solely for lawful commercial and business purposes.
You agree to indemnify and hold harmless NAA Store and NAA and Affiliates, including K.I.T. Marketing, LLC and Pro Data Research, LLC (NAA and its Affiliates are each an “NAA Entity”), and its and their officers, directors, licensors, partners, licensees, consultants, contractors, agents, attorneys, employees, and their party service providers from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees (collectively, “Claims”), that actually or allegedly result from your use of the NAA system, the NAA websites, or the products, or your breach of the Agreement. You agree to be solely responsible for defending any Claim against or suffered by NAA and/or any NAA Entity, subject to NAA and/or the NAA Entity’s right to participate with counsel of its own choosing, and for payment of damages or losses resulting from all Claims against NAA, and/or any NAA Entity provided that you will not agree to any settlement that imposes any obligation or liability on NAA and/or a NAA Entity without NAA’s prior express written consent.
6. NAA WEBSITE AND PROGRAM DISCLAIMER
a. General Information. The NAA websites and products are part of a service that provides insurance selling and agent recruiting and sales information over the internet specific to NAA’s marketing organization. The information contained in the NAA websites and products is general information and should not be construed as legal advice to be applied to any specific factual situation. If you are unsure whether your particular situation goes against the insurance selling rules and conditions specific to the state in which you solicit business, you should always conform to the rules and guidelines specified by your state insurance commissioner. Any use of the NAA websites and products DOES constitute an implicit independent contractor relationship between NAA and you subject to the terms and conditions of this Agreement.
c. No Warranties. No express or implied representations or warranties are given to you regarding the legal or other consequences that may result from the use of the NAA websites, products or any other linked website. NAA is not responsible for any loss, injury, claim, liability, or damage related to your use of the NAA websites or products , whether from errors or omissions in the content of the NAA websites or products or any other linked websites. Further, NAA is not responsible for any damages resulting from the NAA websites being inaccessible to you. Use of the NAA websites and products is at your own risk.
d. Site Content. You acknowledge that the NAA websites contains information, data, software, photographs, graphics, videos, text, images, typefaces, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal, information and non-commercial use and that you do not alter or modify the Content in any way, and maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see e.g. 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software, if any.
e. Color/Product Description. NAA has made every effort to display as accurately as possible the colors of our products that appear at the NAA Store. However, as the actual colors you see will depend on your monitor, NAA cannot guarantee that your monitor's display of any color will be accurate. NAA has attempted to be as accurate as possible. However, NAA does not warrant that the product descriptions are accurate, complete, reliable, current, or error-free. If a product offered by the NAA Store is not as described, your sole remedy is to return it in unused condition in accordance with our return policy in this Agreement.
f. Compatibility. NAA has endeavored to make the NAA websites and all the features on the NAA websites compatible with the most commonly used browsers. However, NAA cannot and does not represent or guarantee that every feature will work with your browser or computer.
g. Site Security You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. NAA Store will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from NAA store on this Site and other than generally available third party web browsers (e.g., Netscape Navigator or Microsoft Explorer).
h. No Endorsement. NAA does not endorse any content provided by any linked websites, nor does it assume any responsibility for the interpretation or application of any information originating from such content. In addition, NAA does not endorse any content contained in any advertising on the NAA websites, nor does it assume any responsibility for the quality or integrity of such work.
i. Results Are Not Guaranteed. It is the goal of NAA that the ideas presented in the NAA websites or products will assist you in developing a strong insurance selling business. While the techniques and approaches suggested in the NAA websites or products may have worked for others, NAA does not guarantee that they will work for any individual agent, and NAA makes no express or implied representations or warranties as to your results from use of the NAA websites or products.
7. WARRANTY DISCLAIMER.
EXCEPT AS IS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU EXPRESSLY AGREE THAT THE NAA STORE IS AVAILABLE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND THAT YOUR USE THEREOF IS AT YOUR OWN RISK. NAA STORE HEREBY DISCLAIMS ON BEHALF OF ITSELF AND ALL NAA ENTITIES ANY AND ALL WARRANTIES INCLUDING ANY WARRANTIES OF TITLE, MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
8. LIMITATION OF LIABILITY.
ANY LIABILITY OF NAA STORE AND AN NAA ENTITY IN CONNECTION WITH THE AGREEMENT, UNDER ANY CAUSE OF ACTION OR THEORY, SHALL BE STRICTLY LIMITED TO THE AMOUNT ALREADY PAID BY YOU TO NAA PURSUANT TO THE AGREEMENT IN THE PRIOR SIX MONTH PERIOD. IN NO EVENT SHALL NAA STORE OR ANY NAA ENTITY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ARISING OUT OF, OR IN CONNECTION WITH, THE AGREEMENT. YOU AGREE THAT YOU WILL NOT HOLD NAA RESPONSIBLE FOR THE SELECTION OR RETENTION OF, OR ANY ACTS, ERRORS, OR OMISSIONS BY, ANY THIRD PARTY IN CONNECTION WITH THE AGREEMENT.
9. CHOICE OF LAW.
Any dispute referring or relating to the Agreement or between the parties shall be governed by the laws of the State of North Carolina, without regard to its conflict of laws principles. You agree to submit to the exclusive jurisdiction of the state located in the County of Alamance, North Carolina and federal courts located in the Middle District of North Carolina or another location designated by NAA. Any claim against NAA arising from this Agreement shall be adjudicated on an individual basis, and shall not be consolidated in any proceeding with any claim or controversy of any other party.
10. ELECTRONIC SIGNATURES EFFECTIVE.a. Acceptance. The Agreement is an electronic contract that sets out the legally binding terms of your use of NAA Store products and services, including the NAA Web Sites. You indicate your acceptance of the Agreement and all of the terms and conditions contained or referenced in the Agreement and these Terms and Conditions and in any Program Terms by clicking on the "I Accept" button in connection with your enrollment. This action creates an electronic signature that has the same legal force and effect as a handwritten signature. By clicking on the "I Accept' button, you accept the Agreement, including the Program Terms and agree to the terms, conditions and notices contained or referenced therein. When you click on the "I Accept' button during enrollment, you also consent to have the Agreement provided to you in electronic form. b. Access and Retention. In order to access and retain the electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web based content, and pays any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of the Agreement for your records. To retain an electronic copy of the Agreement, you may save it into any word processing program. We will notify you of any changes in the hardware or software requirements needed to access and/or retain the Agreement that create a material risk that you will not be able to continue to access and/or retain the electronic Agreement.
a. Entire Agreement. The Agreement constitutes the entire agreement and understanding between the parties regarding the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications in all forms of media (including all instructions, advertisements, messages and policies), written and oral, between you and NAA regarding the subject matter contained herein.
b. Waiver. Only a written instrument executed by the party waiving compliance may waive the terms or covenants of the Agreement. No waiver by either party of a breach of any provision hereof shall be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of the provision itself.
c. Contract Construction. If any provision of the Agreement is held or made invalid or unenforceable for any reason, such invalidity shall not affect the remainder of the Agreement, and the invalid or unenforceable provisions shall be replaced by a mutually acceptable provision, which being valid, legal and enforceable comes closest to the original intentions of the parties to the Agreement and has like economic effect.
d. Force Majeure. NAA shall have no liability under the Agreement by reason of any failure or delay in the performance of its obligations on account of strikes, shortages, riots, acts of terrorism, insurrection, fires, flood, storm, explosion, earthquakes, internet, outrages, computer virus, Act of God, war, governmental action, or other cause that is beyond its reasonable control.
e. Independent Contractors. The parties are independent contractors and nothing in the Agreement shall be construed to create, evidence, or imply any agency, employment, partnership, or joint venture between the parties. Neither party shall have any right, power, or authority to create any obligation or responsibility on behalf of the other.
f. Assignment. The Agreement is not intended to benefit, nor shall it be deemed to give rise to any rights in, any third party. You may not assign or transfer the Agreement, or sublicense, assign or delegate any right or duty under the Agreement, including access to the NAA websites or any information or data obtained therein, with NAA's prior written consent. Any assignment, transfer or attempted assignment or transfer in violation of this Section shall be void and of no force and effect. NAA and its subsequent assignees may assign the Agreement, in whole or in part, or any of its rights or delegates any of its duties under the Agreement to any party.
g. Reservation of Rights. Any rights not expressly granted in the Agreement are reserved by NAA, and all implied licenses are disclaimed.
h. Headings; Use of Certain Words. Headings used in the Agreement are for reference purposes only and in no way affect the Agreement. The term "including" is a term of enlargement meaning "including without limitation," and does not denote exclusivity.
j. Communications. Except as otherwise specified by NAA, you agree that you will direct all communications relating to any Program or the NAA websites or your participation therein directly to any Program or the NAA websites or your participation therein directly to NAA and not to any other entity.
k. Performance of Services. You understand and agree that services and/or obligations to be performed hereunder by NAA may be performed by NAA and/or an NAA entity and references in these Program Terms and Conditions to NAA may alternately or additionally refer to NAA and/or an NAA Entity. The organization, specifications, structure or appearance of any NAA or Superior Performers property or any page where your information may be displayed may be redesigned or modified at any time. Terms used but not defined herein shall have the meanings given to such terms in the applicable Program Terms. If there is any conflict between the Terms and Conditions and Program Terms, the Program Terms shall control.
l. Copyright Complaints. NAA respects the intellectual property of others, and asks our users to do the same. If you believe that your work has been copied and is accessible on NAA website in a way that constitutes copyright infringement, you may notify NAA by providing our copyright agent the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
3. identification of the URL or other specific location on the Site where the material that you claim is infringing is located;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our agent for notice of claims of copyright infringement on the Site can be reached as follows: By mail: Legal Dept. NAA 1214 Turrentine Street Burlington, NC 27215 By phone: (336) 227-3319 By email: _________________