Terms of Use

Effective Date: April 8, 2026

Agreement between users and NACUA

The National Association of College and University Attorneys (NACUA) Website, which is comprised of multiple web pages administered by NACUA, includes Nacua.org and all other web pages operated or hosted exclusively by NACUA. By using the NACUA Website, you agree to abide by all terms, conditions, and notices in the Terms of Use.

Website Materials

NACUA’s website includes conference outlines, workshop materials, sample forms and documents, sample training materials, NACUANOTES, legal publications, JCUL articles, NACUANET communications, federal government resources, case summaries, recordings, third-party resources, job postings, a membership directory, and more. NACUA owns the copyright to all website materials, design elements, and other content created by NACUA staff and/or contractors in conjunction with their employment or contractual engagement(s). In many instances, NACUA members may have submitted copyrighted works (either as owner of the copyright or with appropriate authorization) for inclusion on the Website (“Member Submissions”). Absent an express, written assignment of rights, NACUA does not claim ownership of Member Submissions (including feedback and suggestions). However, by posting, uploading, inputting, providing, or submitting a Member Submission, you represent and warrant that you own the copyright to the Member Submission or have obtained the necessary permissions to provide, post, upload, input, or submit the Member Submission to NACUA’s Website, and in so doing, you grant to NACUA a non-exclusive, perpetual, royalty-free license to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat the Member Submission. No compensation will be paid to you with respect to the use of your Member Submission. NACUA is under no obligation to post or use any Member Submission and may remove it at any time in NACUA’s sole discretion.

Links to Third-Party Sites

The NACUA Website may contain links to other websites (“Linked Sites”). NACUA is not responsible for content on Linked Sites. NACUA provides Linked Sites as a resource for your convenience, and the inclusion or exclusion of any Linked Site does not imply endorsement of the linked content.

NACUA Career Center

NACUA maintains a Career Center, where members of the general public may post or search open higher education legal positions, including positions for attorneys, student clerkships, internships, or similar positions. More information about the use of the Career Center, including job posting requirements and pricing, can be found here.  

NACUANET

NACUANET is a members-only, professional networking platform that allows NACUA members to share professional insights, legal information, sample policies and procedures, resources, and best practices germane to higher education law. NACUANET subgroups enable members to request referrals or discuss specialized areas of practice, NACUA committee work, or issues germane to one of NACUA’s many affinity groups. You agree to use NACUANET in strict accordance with NACUANET Protocols, as amended from time to time.

NACUA has no obligation to monitor the NACUANET, though it retains the discretion to do so. NACUA does not and cannot verify the accuracy of statements that users post to NACUANET and as such, makes no representations or warranties as to the accuracy or timeliness of content.  All comments, concerns, and notices of violations of NACUANET Protocols should be directed to nacua@nacua.org.

The above limitations on NACUA’s liability notwithstanding, NACUA reserves the right to:

• Provide information from NACUANET, with identifying information, to comply with a lawfully-issued subpoena
• Provide information from NACUANET to comply with a records request from a federal or state regulatory agency
• Remove NACUANET posts for any reason or no reason
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of NACUANET
• Conditionally or permanently terminate a member’s access to NACUANET
• Change, terminate, or suspend NACUANET, any features of NACUANET, or any content or materials contained in NACUANET, in any way, at any time and for any reason whatsoever.

NACUA does not control or endorse the content, messages, or information found in NACUANET and, therefore, NACUA specifically disclaims any liability with regard to NACUANET and any actions resulting from your participation in NACUANET. NACUA members are not authorized NACUA spokespersons, and their views do not necessarily reflect those of NACUA.

Antitrust Statement

NACUA has a policy of strict compliance with federal and state antitrust laws. As groups of “competitors” working together, trade associations, like NACUA are subject to particular antitrust scrutiny. NACUA members should avoid discussing certain subjects at NACUA’s Annual Meeting, workshops, virtual discussion groups, webinars, sessions, NACUANET, and any other group gathering (whether facilitated by technology or in person, whether a formal program or casual convening in the hallway, or whether a planned NACUA event or impromptu gathering of members). At these events and others, members must avoid discussing certain topics including prices, fees, rates, profit margins, discounts, rebates, or other terms or conditions of sale; pricing strategies, methods, trends, plans, or timing of price changes; salaries, costs, and other factors that affect pricing; the hiring or recruitment of other members’ employees; allocation of markets or customers or division of territories; topics that may lead participants to not deal with or to boycott a particular supplier, customer, or third party; reductions of member output of products or services; or any other anti-competitive topics. Specific to higher education, conversations regarding salaries, tuition, tuition-discounting, housing, meal costs, refunds, staff compensation, employee benefits, financial aid, enrollment deadlines, athletics, NIL allocations, and more may be subject to heightened scrutiny. It is expected that users will adhere strictly to antitrust laws when using NACUA’s website.

No Unlawful or Prohibited Use

At all times, you agree that you will refrain from using the NACUA Website for any unlawful purpose or for any other purpose prohibited by these Terms of Use.  Further, you shall not misuse the NACUA Website to damage, disable, overburden, or impair operational functionalities or interfere with any other person’s use and enjoyment of the NACUA Website. You may not reverse engineer the Website, upload malicious content to it, obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the NACUA Website, or otherwise use data mining or extraction tools not reasonably contemplated in connection with the underlying purpose of the Website.

Artificial Intelligence (AI)

Most of NACUA’s resources are password-protected and available to users behind a firewall. You understand and agree that it is important to maintain these resources for the benefit of NACUA members, and that they are not intended for use by the general public, federal and regulators, or those who may have adverse interests to the interests of the higher education community. You understand that you play a role in protecting these documents and publications. Consistent with this role, you agree that you will not input NACUA password-protected resources into any Artificial Intelligence (AI) model. “AI model” means a system that is designed to process or learn from data entered to conduct cognitive functions that simulate human intelligence.

Passwords and Account Security

NACUA furnishes unique credentials to each user to access the NACUA website. You understand and agree that you are responsible for maintaining your unique credentials in confidence. You will not share your credentials with any other person, and you understand that you are solely responsible to NACUA for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify NACUA immediately at nacua@nacua.org.

Indemnification

Except as prohibited by law, you agree to indemnify and hold harmless NACUA and its officers, directors, employees, and agents from and against of any and all claims, causes of action, loss, liability, or damage of any kind (including attorneys’ fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), arising out of or in connection with these Terms of Use, including without limitation any claim for personal injury, misappropriation, or property damage, arising from (i) your use of and access to the NACUA website; (ii) your violation of any of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the NACUA website.

Limitations on Liability

This website and its content are provided “as is” and NACUA excludes to the fullest extent permitted by applicable law any warranty, express or implied, including, without limitation, any implied warranties of merchantability, satisfactory quality or fitness for a particular purpose. The functions embodied on, or in the materials of, the NACUA website are not warranted to be uninterrupted or without error.

The information, software, products, and services included in or available through the NACUA website may include inaccuracies or typographical errors. NACUA and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained on the NACUA website for any purpose. Some content on the website may exist for historical posterity and may not accurately reflect the current legal or regulatory landscape, whether or not a disclaimer is affixed to a specific publication. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. NACUA and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

To the maximum extent permitted by applicable law, in no event shall N, NACUA’s directors, employees, content providers, affiliates, or other representatives, and/or NACUA’s suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits, arising out of or in any way connected with the use or performance of the NACUA website, with the delay or inability to use the NACUA website or related services, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the NACUA website, or otherwise arising out of the use of the NACUA website, whether based on contract, tort, negligence, strict liability or otherwise, even if NACUA (or any of its suppliers) has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the NACUA website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the NACUA website.

Website content does not constitute legal advice. To be clear, advice received via the NACUA website should not be relied upon for personal, medical, legal, or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation. 

The limitations on liability set forth above shall be enforced to the maximum extent permitted by law in the user’s relevant jurisdiction.

Termination/Access Restriction

NACUA reserves the right, in its sole discretion, to temporarily or permanently terminate your access to the Website and the related services or any portion thereof at any time, without notice.

Digital Millennium Copyright Act (DMCA) Notices

If you harbor a good-faith belief any content on NACUA’s website violates your intellectual property rights, contact nacua@nacua.org with following information:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest
• Description of the copyrighted work or other intellectual property that you claim has been infringed
• Links to the location of the allegedly infringed material on NACUA’s website
• Your address, telephone number, and email address
• A sworn statement that the information provided is accurate, and that you are the copyright or intellectual property owner (or authorized to act on the copyright or intellectual property owner’s behalf)

NACUA will evaluate claims on a case-by-case basis.

International Users

NACUA makes no claims regarding access or use of the Website or NACUA content outside of the United States. If you use or access the Website or NACUA content outside of the United States, you are responsible for compliance with the laws and regulations of your jurisdiction as well as these Terms of Use.

Privacy and Personal Information

For information about NACUA data protection practices, please read NACUA’s Privacy Policy. This policy explains how NACUA treats your personal information and protects your privacy when you use the Website. You agree to the use of your data in accordance with NACUA’s Privacy Policy. Consistent with NACUA’s Privacy Policy, NACUA reserves the right to disclose aggregated data, or information or statements we publish without attribution to any identifiable individual, or specific data or statements that you separately and specifically agree we can share with the larger public or media, without infringing upon the user’s confidentiality. Nothing in the Terms of Use or NACUA’s Privacy Policy is intended to limit your right to file a complaint with any competent authority in your jurisdiction.

Copyright

Copyright 2026 by the National Association of College & University Attorneys. All rights reserved.

Effective Date: April 8, 2026