Last Updated: 6/11/2021
NBI, Inc., a Wisconsin non-stock corporation, and its affiliates, subsidiaries, divisions and brands (collectively, "NBI," "we ," "us," or "our," as the context may require) provides practical, skill-based CLE and continuing education seminars and online courses. NBI also operates and provides the websites www.nbi-sems.com and www.ipe.nbi-sems.com (each a " Site"), including all content, functionality, mobile websites, microsites, applications and services offered on or through a Site (together with each Site, the "Services").
1. Acceptance of User Terms
2. Prohibited Users
3. Availability; Modifications
We may periodically schedule system downtime for maintenance and other purposes and the Services may be unavailable due to unplanned system outages or circumstances outside of our control. We shall have no liability to you, any user or third party whatsoever for the resulting unavailability of the Services or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, misdelivery, or non-delivery of information caused by such system outages. We reserve the right to withdraw or amend the Services or any portion thereof, and any service, products or material we provide on or through the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the Services altogether.
4. License and Transferability
6. Rights in Content
Except for the license granted in the Agreement, all rights, title and interest in the Services, in all languages, formats and media throughout the world, including all copyrights and trademarks, are and will continue to be the exclusive property of NBI and other contributors.
7. Use of Content
NBI is not, under any circumstance, providing legal advice. NBI provides information designed for educational and research purposes only. NBI does not endorse any of the viewpoints contained in any seminar, recording, publication or material expressed in or accompanying a seminar. Said viewpoints are solely those of the contributors and/or faculty.
8. Account Information; Authorized Users
The Services may utilize both secure and non-secure sections and pages. We use commercially reasonable security protocols to protect the transmission of data submitted using the secure portions of the Services. Before submitting any sensitive data on, to, or through the Services, be sure your web browser displays a secure web address beginning with "https://..." We cannot guarantee that unauthorized third parties will never be able to defeat the security measures we employ. Although we cannot guarantee that our systems are 100% secure 100% of the time, we periodically update our technology in order to improve security.
10. Disclaimer of Warranties and Limitations of Liability
THE SERVICES AND CONTENT PROVIDED ON OR THROUGH THE SERVICES ("SERVICES CONTENT") IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. NBI MAKES NO WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES OR SERVICES CONTENT. NBI DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NEITHER THE SERVICES NOR ANY SERVICES CONTENT CONSTITUTE LEGAL ADVICE. THE SERVICES AND SERVICES CONTENT IS NOT A SUBSTITUTE FOR LAWYERS’ OR ORGANIZATIONS’ INDEPENDENT PROFESSIONAL JUDGEMENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL NBI BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICES AND/OR THE SERVICES CONTENT, OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER OR NOT THERE IS NEGLIGENCE BY NBI OR WHETHER OR NOT NBI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, IF YOU HAVE A CLAIM AGAINST NBI WHICH ARISES OUT OF OR IS OTHERWISE RELATED TO YOUR USE OF THE SERVICES, THEN IN NO EVENT SHALL THE AGGREGATE LIABILITY OF NBI TO YOU BE MORE THAN THE GREATER OF: (A) THE AMOUNT YOU HAVE ACTUALLY PAID NBI IN THE PRECEDING TWELVE MONTHS FOR PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THE SERVICES OR (B) $100.
11. Limitation on Time to File Claims
12. Third Party Websites
14. Term and Termination
15. Void Where Prohibited
We administer and operate the Services from Altoona, Wisconsin; however, the Services and/or certain portions, software and features available through the Services may be hosted at other locations in the United States or outside of the United States by third party service providers. Although the Services, or portions thereof, may be accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Services may be available to all persons or in all geographic locations, or appropriate or available for use outside the United States. We reserve the right to limit, in our sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on or through the Services is void where prohibited by applicable law.
16. Force Majeure
18. Governing Law; Venue; Jurisdiction