We may update the Content (as defined herein) on the Services from time to time, but its Content is not necessarily complete or up-to-date. Any material on the Services may be out of date at any given time, and we are under no obligation to update such material.
USER ACCOUNTS AND USER REGISTRATION
While any Visitor can view the Site, in order to use the Site and take part in Online Courses, you must select a login identification (“User ID”) and a user password (“User Password”) that is unique and entirely different from your User ID (collectively, a “User Account”). You acknowledge that your User Account is personal to you and agree not to provide any other person with access to the Services or portions of it using your User ID, User Password, or other security information. We will treat all actions through your User Account as if conducted by you, whether or not you had knowledge of the unauthorized use of your User Account. You agree to notify us immediately of any unauthorized access to or use of your User ID or User Password or any other breach of security. You also agree to ensure that you exit from your User Account at the end of each session. You should use particular caution when accessing your User Account from a public or shared computer or device so that others are not able to view or record your User Password or other personal information.
NRE uses third-party analytics services to help understand your usage of the Services. In particular, NRE provides a limited amount of your information (such as your email address and sign-up date) to (each a “Third Party Analytics”) and utilize Third Party Analytics to collect data for analytics purposes when you visit our Site or use our Services. Third Party Analytics analyzes your use of our website and/or product and tracks our relationship so that NRE can improve our Service to you. We may also use Third Party Analytics as a medium for communications, either through email, or through messages within our product(s). As part of our service agreements, Third Party Analytics may collect and aggregate publicly available contact and social information that may be related to you, such as your email address, gender, company, job title, photos, website URLs, social network handles and physical addresses, to enhance your user experience with us.
By registering for a User Account, you expressly agree that:
- You are registered for the course only once and will not share your login information with any other person regardless of affiliation; and
- If you are caught sharing login information, your account will be permanently terminated without notice and without a refund.
You expressly indicate your consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Notices”) that we provide in connection with your User Account and your use of the Services. Notices may include, without limitation, e-mail, in-app messages and in-website chat communications. In addition, Notices may include emails with promotional, marketing, and advertising information and recommendations that we believe may be of interest to you. If you do not wish to receive commercial emails, you may unsubscribe following the instructions on any email. We may still send you administrative and transactional Notices, however, such as, but not limited to, information about your User Account, confirmation of your registration for Online Courses, information related to your payment, information about your progress or other services that may be necessary to provide you with the Services.
USER CONDUCT POLICY
All User Content must comply with applicable laws, rules and regulations, including without limitation, any NRE rules or policies posted and laws relating to online conduct and the export of data. You agree and acknowledge that, as necessary for the Services, your User Content is intended and authorized to be shared with other Users. Any User Content you post to the Service will be considered non-confidential and non-proprietary.
You retain ownership to your User Content. By providing User Content to the Services, you grant to NRE a worldwide, non-exclusive, royalty-free, sublicensable (to multiple tiers), irrevocable, and transferable license to use that User Content (including to reproduce, distribute, prepare derivative works, display and perform it) for any purpose, including commercial purposes, in connection with the Services or NRE’s business, including for the purpose of promoting and redistributing part or all of the Services, or future services or products.
You understand and acknowledge that you are solely responsible for any User Content you submit or contribute, and you, not NRE, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other User of the Services. You represent and warrant prior to posting any User Content that: (a) you have all necessary rights, licenses, clearances and or approvals to provide the licenses granted herein and to post the User Content; (b) the User Content is accurate and reasonably complete; (c) as between you and NRE, you shall be responsible for the payment of any third party fees related to the provision and use of such User Content, and (d) such User Content does not and will not infringe or misappropriate any third party rights or constitute a fraudulent statement or misrepresentation or unfair business practices.
In addition, you may not post, upload, or transmit to, or otherwise make available through the Services, including any Interactive Services any content, communications, or other information (collectively, “Unauthorized Content”):
- that is obscene, fraudulent, indecent, or libelous or that defames, abuses, harasses, discriminates against or threatens others;
- that is trade libelous, threatening, harassing, impersonates or intimidates any person (including our staff or other Users), or falsely states or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device;
- that interferes with a User’s business or services;
- that takes any action that may undermine online reviews or feedback;
- that contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices, or other harmful components intended to or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;
- that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned, or disclosed as part of employment relationships, or under nondisclosure agreements);
- that consists of any high volume, automated, or electronic means to access the Site (including without limitation robots, spiders or scripts);
- that infringes the copyright, patent, trademark, trade secret, right of publicity, or other intellectual property or proprietary right of any third party;
- that violates the rights of other Users of the Site; or
- that violates any applicable local, state, national, or international law or otherwise advocates, or encourages any illegal activity.
You agree and acknowledge that failure to follow these terms could result in legal action where a third party alleges that damages were caused by your User Content. You agree to defend, indemnify, and hold harmless NRE, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these terms.
INTELLECTUAL PROPERTY RIGHTS
The Services and its entire contents, features, and functionality (including but not limited to all information, online lectures, speeches, video lessons, quizzes, presentation materials, homework assignments, programming assignments, programs, software, code, and other images, text, layouts, arrangements, displays, illustrations, documents, materials, audio and video clips, HTML and files and the design, selection, and arrangement thereof (collectively, the “Content”) are owned by NRE, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Our name, the NRE logo, and all related names, logos, product and service names, designs, and slogans (“Marks”) are trademarks of NRE or our affiliates or licensors. You must not use such Marks without the prior written permission of NRE. All other names, logos, product and service names, designs, and slogans displayed on the Services are the trademarks of their respective owners.
NRE and/or its affiliates and licensors reserve all rights not expressly granted herein to the Services, Content, and Marks.
If you send or transmit any communications or materials to NRE by mail, email, telephone, or otherwise, suggesting or recommending changes to the Services, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (“Feedback”), we are free to use such Feedback without any other action or limitation between the parties governing such Feedback.
LICENSE TO SERVICES
You agree to pay all charges to your account, including any applicable taxes, at the rates in effect when the charges are incurred, whether on a one time or subscription basis. Unless stated otherwise in writing by NRE, all fees are non-refundable. We may change the fees and charges then in effect, or add new fees or charges, by giving Users advance written notice. You must provide valid credit card information and such information must be kept current while receiving Services or other products of NRE. NRE does not store credit card numbers or maintain them on file but instead uses secure credit card payment service providers to maintain card numbers and process payments. You hereby consent to the use and storage of your financial information by such third party processor. You agree not to perform any chargebacks with your credit card company without first providing NRE an opportunity to address any billing issue, customer service issue, or other concern you have related to your account.
When you register for our Services, at the discretion of NRE, the payment for the Services may be made as a one-time payment, or amortized over the Services subscription term as agreed to by the parties in writing. You agree to pay the entirety of the subscription amount, including all monthly payments thereunder, whether or not such Service is terminated or suspended. Failure to pay when any amount is due will result in a default interest rate of the lessor of 1.5% or the highest percent permitted under applicable law. Should such non-payment continue for a period of 30 days, we reserve the right to engage a collections agency. You are reasonable for all fees associated with the collection of any default payment, including all attorneys and collection agency fees, and interest thereon. Failure to pay any due balance on your account will result in immediate suspension of your account and you will not be able to access the training programs. If your account is suspended or terminated for non-payment, you will not be able to access the materials.
DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Services for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES.
YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICE, ITS CONTENT, AND ANY ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY, QUIET ENJOYMENT AND FITNESS FOR PARTICULAR PURPOSE. NEITHER NRE NOR ANY PERSON ASSOCIATED WITH NRE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE.
WITHOUT LIMITING THE FOREGOING, NEITHER NRE NOR ANYONE ASSOCIATED WITH NRE REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT, OR ANY ITEMS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS, OR THAT DEFECT IN OR ON THE SITE OR CONTENT WILL BE CORRECTED. YOU ASSUME ALL RISK OF INJURY, INCLUDING DEATH AND DAMAGE TO PERSONAL PROPERTY OR LOST DATA, SUSTAINED FROM USE OF THE SERVICES AND ITS CONTENT.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, IN NO EVENT WILL NRE, ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, ASSIGNEES, AGENTS AND SUPPLIERS (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF: (I) THE AMOUNT YOU HAVE ACTUALLY PAID TO NRE FOR THE APPLICABLE SERVICE IN THE LAST SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENTS FIRST GIVING RISE TO A CLAIM, OR (II) TEN DOLLARS ($10).
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. THIS LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER-INCIDENT (I.E., THE EXISTENCE OF TWO OR MORE CLAIMS WILL NOT ENLARGE THIS LIMIT).
IN NO EVENT SHALL NRE, ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, ASSIGNEES, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR LOST REVENUE, LOST PROFITS, DAMAGES OR LIABILITY BASED ON YOUR REVENUE, OR LOST OR DAMAGED DATA, OR DAMAGES OR LIABILITY BASED ON THE AMOUNT OR DURATION OF USE OF A PRODUCT AND/OR SERVICE, ARISING FROM ANY TYPE OF CLAIM WHATSOEVER, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF YOU HAVE BEEN INFORMED OF THE POSSIBILITY THEREOF OR WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE.
NO CLASS ACTIONS
You agree that you will only be permitted to bring claims against NRE on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding and hereby waive such right to initiate a class action and/or collective action procedures. Unless mutually agreed otherwise, the dispute resolution decider (e.g. judge or arbitrator) of any such claim may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. In addition, such dispute resolution decider may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other Users.
LINKING TO OTHER SITES
The Site may contain links to pages on other websites (“Linked Sites”), and those Linked Sites may contain content or offer products and/or services for sale. NRE does not author, edit, control, or monitor these Linked Sites. You acknowledge and agree that (a) we have no responsibility for the accuracy or availability of information provided by Linked Sites, (b) we do not control or endorse the sponsors of such Linked Sites or the content, products, advertising, or other materials presented on such Linked Sites, and (c) we will not be liable for any transactions conducted by you with third parties through the Linked Sites or for any liability arising from the representations or information provided on such Linked Sites. We may remove any Linked Sites from the Site at any time for any reason or for no reason. If you access any of the Linked Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such Linked Sites.
TERMINATION OR SUSPENSION OF SERVICE RIGHTS
DISPUTE PROCEDURE AND CLAIMS OF COPYRIGHT INFRINGEMENT
NRE has registered a Registered Copyright Agent with the United States Copyright Office, which limits its liability under the Digital Millennium Copyright Act. It is our policy to terminate the account of any User who repeatedly infringes any copyright upon prompt notification to us by the copyright owner or the copyright owner's legal agent. If you believe that your product or other work has been misrepresented or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide NRE’s Copyright Agent with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the product, copyright, or other intellectual property interest;
- a description of the product, work, or other intellectual property that you claim has been misrepresented or infringed;
- a description of where the material that you claim is misrepresenting or infringing your product, work or other intellectual property is located on the Services;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the product, work, copyright, or intellectual property, or its agent, or applicable law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the product, work, copyright or intellectual property owner or authorized to act on such owner’s behalf.
NRE’s Copyright Agent for notice of disputes or claims of copyright or other intellectual property infringement can be reached as follows: Copyright Agent: NRE LLC Email: [email protected].
NRE is based in the State of Arizona in the United States. We provide the Services for use only by persons located in the United States. We make no claims that the Services or any of its Content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
All other feedback, comments, requests for technical support, and other communications relating to the Service should be directed to: [email protected].
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