TERMS OF USE NRE 1, LLC 

 

Updated as of: November 19, 2020 NRE 1, LLC, an Arizona limited liability company, with a principal office located at 350 W Washington, STE 201, Tempe, AZ 85281 (“we, “us”, “our” or “NRE”) provides you access to NRE services including its applications and websites, available at the entry-point URL http://www.astroaccelerator.com (the “Site”), and to the information, services and other materials available on and through the Site, (the “Online Courses”, and collectively with the Site, the “Services”), subject to the terms and conditions described in this document (these “Terms of Use”) and any other guidelines, rules or licenses posted in connection with the Services. 

 

Our Services are offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using our Services, you represent and warrant that you are of legal age to form a binding contract with NRE, meet all of the foregoing eligibility requirements, and that your use or access to the Services will be in compliance with these Terms of Use and all applicable laws, rules and regulations. If you do not meet all of these requirements, you must not access or use the Services.

YOUR ACCEPTANCE OF THESE TERMS OF USE 

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE YOU START TO USE THE SERVICES. BY USING OR ACCESSING THE SERVICES OR OTHERWISE INDICATING YOUR ACCEPTANCE, INCLUDING WITHOUT LIMITATION, BY CLICKING “I ACCEPT,” OR REGISTERING FOR A USER ACCOUNT (AS DEFINED HEREIN) WITH NRE, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE AND OUR PRIVACY POLICY, INCORPORATED HEREIN BY REFERENCE, whether you are: (i) a “Visitor” (you simply browse the Site, including, without limitation, through a mobile or other wireless device, or otherwise use the Site without being a paid registered subscriber), or (ii) a “Subscriber” (meaning that you have registered with NRE for a User ID and User Password (defined below), and have enrolled in and paid for access to services and/or content provided by NRE (collectively with Visitor, “User” or “you”).

 

WITHOUT LIMITATION TO ANY OF THE FOREGOING, IF YOU DO NOT AGREE TO ANY OTHER PROVISIONS OF THESE TERMS OF USE OR ANY SECTION THEREOF, THEN YOU MAY NOT ACCESS OR USE THE SERVICES. NRE’S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON (1) YOUR ASSENT TO ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE, AND (2) YOUR PRE-PAYMENT OF THE APPLICABLE FEES. 

 

CHANGES TO THESE TERMS OF USE AND SERVICES

 

THESE TERMS OF USE MAY BE MODIFIED OR AMENDED BY NRE IN ITS SOLE AND ABSOLUTE DISCRETION AT ANY TIME. If any material modifications or changes are made, and you have registered to use the Services, we will provide you notice. If you do not accept such changes your use and/or access to the Services will be terminated. Any change or modification to these Terms of Use will be effective immediately upon posting by NRE on theSite. Continued use of the Service thereafter shall be deemed consent to and acceptance of these Terms of Use as revised. If you do not agree to any change(s) your sole remedy is to cease using and accessing the Service. YOU AGREE TO REGULARLY CHECK THE SERVICE TO VIEW THE THEN-CURRENT TERMS OF USE. 

 

NRE may make modifications to the Services or particular components of the Services, including the alteration, modification, or rearrangement of the schedule of topic for any Online Courses, and will use reasonable efforts to notify users of any material modifications, as determined in its sole discretion. Nothing in these Terms of Use shall be construed to obligate NRE to maintain and support the Services or any part or portion thereof, during the term of these Terms of Use. 

 

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.

 

In setting up your User Account, you may be prompted or required to enter additional information, including but not limited to your name and email address. Additional information may be required to confirm your identity. You understand and agree that all information provided by you is accurate, current, and complete and that you will maintain and update your information to keep it accurate, current, and complete. We have the right to disable any User ID, User Password, or other identifier, and your use or access of the Services or enrollment in the Online Courses, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

 

In addition to the registration process, as part of your use of the Services, we may obtain certain information about you and your performance in the Online Courses. Some of this information may be personally identifiable information. We may use, maintain, and store this information with third parties in conjunction with such Services. For example, as further detailed in our Privacy Policy, we may share certain materials or information about you with third parties, including without limiting, your grades/scores in our classes. 

 

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. 

 

Our Privacy Policy further explains how we treat information collected and received from you when you use the Online Courses or other Services. 

 

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.

 

USER COMMUNICATIONS 

 

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

 

You may use the Service only for lawful purposes and in accordance with these Terms of Use. You agree not to: (a) reproduce, duplicate, copy, sell, resell, make derivatives of, or otherwise exploit for any commercial purposes any portion of the Services, other than as expressly allowed under these Terms of Use; (b) use NRE’s name, trademarks, service marks, or other materials in connection with, or to transmit, any unsolicited communications or emails; (c) use any high volume, automated, or electronic means to access the Services (including without limitation robots, spiders or scripts); (d) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages; (e) falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of pseudonym or misrepresenting your affiliation with a person or entity, past or present; (f) force headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Online Courses; (g) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; (h) use the Services for the purpose of exploiting, harming, or attempting to exploit or harm any other user; or (i) engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm NRE or Users of the Services, or expose NRE to liability. 

 

USER CONTENT 

 

The Services may contain interactive features (collectively, “Interactive Services”) that allow Users to post, submit, publish, chat with, display, or transmit to other Users (hereinafter, “post”) content or materials (collectively, “User Content”) on or through the Services. You acknowledge and agree that such Interactive Services (e.g., chat room services) may be monitored or recorded for quality control purposes and that the information or material provided as part of the Interactive Services is considered “Content” under these Terms of Use and is provided for educational purposes only.

 

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.

 

NRE may, but has no obligation to, review the User Content to determine accuracy or its compliance with these Terms of Use and each User who posts User Content shall be solely reliable for any damages resulting therefrom. We have the right to: (a) remove or refuse to post any User Content for any or no reason in our sole discretion; (b) take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates these Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Service or the public, or could create liability for us; (c) to the extent not a minor under the age of 18, disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; and (d) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services. 

 

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.

 

These Terms of Use permit you to use the Services solely as set forth herein. You must not: (a) reproduce, distribute, translate, adapt, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Service, or otherwise access the source code of the Services, provided Users are permitted to maintain a copy for personal use for purposes of your engagement with the Services; (ii) use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text outside the permitted use for your engagement with the Service; (iii) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services; (iv) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services, or any features or functionality of the Service, to any third party for any reason, including by making the Services available on a network where it is capable of being accessed by more than one device at any time; or (v) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Services.

 

You must not access or use for any commercial purposes any part of the Services or any other services or materials available through the Services. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Service in breach of these Terms of Use, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by NRE. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other 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. 

 

From time to time, NRE may include software, code, instructions, or other such information in the Content or materials for the Services; any such information is provided on an “as-is” basis for instructional purposes only and is subject to these Terms of Use, including without limitation, the Disclaimer of Warranties and Limitation of Liabilities sections below. 

 

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 

 

Subject to your compliance with these Terms of Use, NRE hereby grants you a freely revocable, worldwide, non-exclusive, non-transferable, non-sublicensable limited right and license to: (a) access, internally use and display your purchased Services, including the Content, at your location solely as necessary to participate in the Online Courses as permitted hereunder, and (b) to download and utilize the Educational Content (as defined below) for your personal internal use only. You must abide by all copyright notices or restrictions contained on the Site or the Content. You may not delete any attributions, legal or proprietary notices on the Site or the Content. As used herein, “Educational Content” means the educational materials made available to you through the Online Courses, including such online lectures, speeches, video lessons, quizzes, presentation materials, and other educational materials and tools.

 

PAYMENT TERMS 

 

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.

 

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. 

 

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. 

 

INDEMNITY

 

You agree to indemnify, defend, and hold harmless NRE, its subsidiaries, affiliates, and licensors and each of their officers, directors, agents, employees, and assignees from any and all claims, liabilities, expenses, judgments, awards, losses, and damages, including reasonable attorneys’ fees and costs, made by any third party relating to or arising out of (a) your violation of this Terms of Use or your use of the Service, including, but not limited to, any use of the Service's Content, services, and products other than as expressly authorized in this Terms of Use; (b) your use of any information obtained from the Services; (c) any dispute or issue between you and any third party; and (d) your User Content, including without limitation any claim of infringement of intellectual property or other proprietary rights. The user must check with local laws and regulations as it pertains to the training.

 

TERMINATION OR SUSPENSION OF SERVICE RIGHTS 

 

You agree that NRE, in its sole discretion, may deactivate or suspend your account or otherwise terminate your use of the Services, in whole or in part, for any reason or no reason, including, without limitation, if NRE believes that you have (a) breached these Terms of Use; (b) infringed the intellectual property rights of a third party; (c) posted, uploaded or transmitted Unauthorized Content to the Site; or (d) violated or acted inconsistently with the letter or spirit of these Terms of Use. You agree that any deactivation or termination of your access to the Services may be effected without prior notice to you and NRE shall not be liable to you nor any third party for any termination of your account or the Services. You also acknowledge that NRE may retain and store your information on NRE’s systems notwithstanding any termination of your account or the Services. 

 

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] 

 

MISCELLANEOUS PROVISIONS 

 

NRE may freely transfer or assign any portion of its rights or delegate its obligations under these Terms of Use. You shall not transfer or assign, by operation of law or otherwise, any portion of your rights or delegate your obligations under these Terms of Use without the prior written consent of NRE. 

 

You agree that any legal lawsuit or other action brought by NRE, you or any third party to enforce these Terms of Use, or in connection with any matters related to the Site or Online Courses, shall be governed by and construed in accordance with the internal laws of the State of Arizona without giving effect to any choice or conflict of law provision or rule (whether of the State of Arizona or any other jurisdiction). 

 

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Arizona, in each case located in the City of Phoenix and County of Maricopa. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. 

 

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.

 

In the event that one or more terms of these Terms of Use becomes or is declared to be illegal or otherwise unenforceable by any court of competent jurisdiction, each such term shall be null and void and shall be deemed deleted from these Terms of Use. All remaining terms of these Terms of Use shall remain in full force and effect. NRE shall have no liability under these Terms of use to the extent arising from any failure of NRE to perform any of its obligations under these Terms of Use due to any fire, flood, earthquakes, other acts of God, war, civil, unrest, terrorism, Internet failure, governmental act or court order, national emergency epidemic or pandemic, strikes or labor disputes or any other event beyond NRE’s reasonable control. NRE shall not be responsible for damage or other problems caused by any unauthorized change to these Terms of Use made by way of hacking or cracking this page. 

 

Any delay or failure on the part of NRE to enforce any rights under these Terms of Use to which it may be entitled shall not, in any event, be construed as a waiver of the right and privilege to do so at any subsequent time. The section titles herein are displayed for convenience only and have no legal effect.

 

These Terms of Use, and any agreement that references and incorporates these Terms of Use, constitute the entire agreement between you and NRE relating to the matters set forth herein, and shall not be modified except in writing, as posted on the Site by NRE. 

 

You agree that NRE will provide notices and messages to you either within the Services or sent to the contact information that you provided. You are responsible for providing us with your most current e-mail address. If you have provided an invalid email, or such address is not capable of receiving our notices, our dispatch of such email will nonetheless constitute effective notice. Any notice which may be required to be given to us under these Terms of Use may be sent to us by writing or emailing to the following addresses: 350 W Washington, Suite 201, Tempe, Arizona, 85281. 

 

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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