Terms And Conditions
Terms and Conditions of Service
Therefore, we recommend that you carefully review these Terms each time you access or use this Website. By accessing or using the Website, you agree to be legally bound by these Terms just as if you had signed these Terms. If you access or use the Website after NMCBN posts a change to these Terms, you agree to be bound by such change which is effective upon posting. If you do not intend to accept the change, you must immediately terminate access or use of the Website. This Website is available only for your personal or business use. You agree and continue to agree to use this Website in a manner consistent with the applicable laws and regulations and in accordance with these Terms.
Ownership of Information and Intellectual Property Contained on Website“Content” means any and all images, content, methodology, text, articles, photographs, video clips, illustrations, images, audio, and other information, music, graphics, sounds, and other components found on or in this Website. The Content is the property of NMCBN or the party credited as the provider of the Content. The Content is protected by copyright (whether published or unpublished or a collective work), patent pending, trademarks, trade secrets or other proprietary rights. These rights are valid and protected in all forms of media and technologies existing now or hereinafter developed. All Content is protected by U.S. and worldwide copyright laws and treaties. The sole authorized use of the Website is to obtain information about NMCBN.
The Service is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. You will not, nor will you enable anyone else, to copy, reproduce, modify, publish, download, upload, frame, post, transmit, store, distribute, modify, alter or use any Content in any way without NMCBN’s prior written consent. You shall abide by all additional copyright notices and/or restrictions contained in any Content accessed through the Website. NMCBN does not grant any express or implied right or license to you under any patents, copyrights, trademarks, or trade secret information or the right to use any Content. NMCBN’s marks, custom graphics “look and feel” and button icons are service marks, trademarks, and/or trade dress of NMCBN. You will not use any “meta tags” or any other “hidden text” utilizing NMCBN’s name or trademarks without the express prior written consent of NMCBN. You may not use any NMCBN logo or other proprietary graphic or trademark as part of any link without NMCBN’s prior written consent. You do not and will not acquire any ownership rights to any Content in the Website. Other trademarks appearing on the site are the property of their respective owners. Improper copying, use or conduct may constitute an offense that is subject to civil and/or criminal penalties relative to the intellectual property rights set forth herein.
Restrictions on UseYou will not engage in any conduct that, in NMCBN’s sole discretion, restricts or inhibits any other person from using, accessing or enjoying the Website. You may not copy, modify, distribute, disassemble, decompile, download, display, broadcast, transfer, post, store or transmit the Website or any of its Content in any form unless you have obtained NMCBN’s prior written consent. The service and the information contained therein may not be used to construct a database of any kind. You will not access or use the Website for any unlawful purpose.
You will use the Website for its intended purpose and in a manner consistent with any and all applicable local, state, national and international laws and regulations. You will not engage in advertising to, or solicitation of, other visitors to the Service to buy or sell any training services through the Service. You will not post, copy, modify, transmit, show in public or private, create any derivative works from, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of NMCBN. You will not engage in activities that may impair the integrity of the Services, including but not limited to seeking to alter ratings or rankings with multiple votes.
The following activities are also expressly prohibited and you will not engage in any such activities: using the Website for any non-personal use; using any “robot”, “spider”, “easter eggs”, cheats, levels or other automatic device, or manual process to monitor or copy the Website or any of its content; “mirroring” or “framing” the Website or any content on any other server; collecting or using of products provided through this Website for the benefit of any supplier of competitive or comparable products; or any action that imposes an unreasonable or disproportionate burden on the Website or otherwise interferes with its function or value. You agree to notify NMCBN in writing promptly upon becoming aware of any unauthorized access or use of the Service by any party or of any claim that the Service infringes upon any copyright, trademark or other contractual, statutory or common law rights.
DO NOT USE YOUR PDA OR MOBILE PHONE WHILE DRIVING TO ACCESS NMCBN FOR INFORMATION. SUCH ACTIVITIES COULD BE HAZARDOUS TO YOUR HEALTH, AND MAY CAUSE TO ACCIDENTS, PERSONAL INJURY, OR DEATH. DO NOT ENDANGER YOURSELF OR OTHERS.
EligibilityYou must be at least eighteen (18) years of age to use the Website, unless you are on active duty as a Marine. By using the Website, you represent and warrant that you have the right, authority and capacity to enter into this agreement and to abide by all of the Terms.
Refund PolicyOur goal is 100% satisfaction with any goods or services that we offer. If you are unhappy for any reason with your purchase, we will be happy to take care of you in one of the following ways:
- Merchandise Purchase:
- Send an email to firstname.lastname@example.org to obtain a Return Merchandise Authorization (RMA) number.
- Your email must contain your Username and invoice number.
- You will receive an email response within 24 hours with your RMA number and a return shipping address
- Ship your product (in the original shipping box if you still have it) to the address indicated and mark “RMA No. XXXX” on the outside of the box.
- This shipment will be at your cost, unless the product you received was damaged or defective.
- As soon as we receive your shipment, we will issue a full credit for your purchase.
Advertising or other Monthly Services:
- Send an email to email@example.com to request cancellation of your advertisement or service, and a refund request.
- We will refund your fee on a pro-rata basis. For example: A two-month advertisement cancelled after one month will receive a 50% refund.
- Any advertising or other monthly services that are cancelled within 10 days of your charge authorization will be refunded in full.
- We will email a copy of the refund authorization to you.
All refunds will be processed in the same manner the product or service was paid.
Communication of Unsolicited IdeasNMCBN is not seeking any unsolicited ideas, suggestions or materials relating to the development, design, or marketing of its Content. However, you may submit messages, data, comments and provide other information (collectively, “Messages”) so long as they are not obscene, illegal, threatening, or defamatory and so long as such submission and the content thereof do not invade the privacy, infringe the intellectual property of or otherwise violate the rights of or injure NMCBN or any third party, or contain a software virus or other illicit code, mass mailing, chain letter, or any form of “spam”. You will not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the information. Any Messages submitted by you to NMCBN through this Website shall be and remain the sole and exclusive property of NMCBN and may be used by NMCBN for any purpose whatsoever, commercial or otherwise, without compensation. You represent and warrant to NMCBN, and accept responsibility for, the accuracy, appropriateness and legality of the Messages you submit, directly or indirectly. Your submission of such Messages shall constitute your representation and warranty that neither the submission nor any content thereof is in breach of these Terms. You hereby grant to NMCBN all worldwide, perpetual, irrevocable, paid-up licenses in and to all copyrights and other intellectual property rights in the Messages. NMCBN is entitled to use, copy modify, disclose, distribute and make derivative use of any of the Messages for any purpose without restriction, and without recognition or compensation to you.
Information Accuracy and UpdatesThe information published on this Website by NMCBN may include technical inaccuracies or typographical errors. NMCBN may add, delete or change Content or any information relating to any products or Services without notice to you. NMCBN and/or its respective suppliers may discontinue, make improvements to and/or changes in the product(s) or services described herein at any time. NMCBN has no duty to update this Website or any Content, and NMCBN shall not be liable for any failure to update any such information. NMCBN shall not be liable for any errors or omissions on this Website. NMCBN does not warrant the accuracy or completeness of any Content offered through this Website.
LinksYou are prohibited from linking other sites with this Website, other than to the Website’s home page, without NMCBN’s prior written permission or to link to the NMCBN’s homepage in a manner that is misleading or deceptive. For the convenience of users of this Website, NMCBN may permit one or more links to other Internet websites from time to time. The Internet websites to which links are provided in this Website are not under the control of NMCBN. NMCBN assumes no responsibility for the contents of any linked Internet website, or for any potential damage arising out of or in connection with the use of any such link.
No EndorsementsInformation contained in this Website is general information, is not an endorsement by NMCBN, and may not be applicable to your specific uses or circumstances. Information on this Website should not be relied upon in any specific application, and NMCBN disclaims any liability for any such reliance. In addition, the existence of a link between this Website and any other Internet website is not and shall not be understood to be an endorsement by NMCBN of the owner of the linked Internet website, nor an endorsement of NMCBN by the owner of such linked website.
Warranty Disclaimer and Limitation of LiabilityNMCBN DOES NOT GIVE ANY WARRANTY OR OTHER ASSURANCE AS TO THE OPERATION, QUALITY OR FUNCTIONALITY OF THE SITE OR ITS SUPPLIERS’ SITES RELATING TO THE QUALITY OF GOODS AND SERVICES THAT THEY MAY OFFER. NMCBN ALSO DOES NOT GIVE ANY WARRANTY OR OTHER ASSURANCE AS TO THE CONTENT OF THE MATERIAL APPEARING ON THE SITE, ITS ACCURACY, COMPLETENESS, TIMELINESS OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT THE SERVICE AND ANYTHING CONTAINED THEREIN, IS PROVIDED ON AN “AS IS” BASIS. NMCBN MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, NONINFRINGEMENT, TITLE OR FITNESS FOR A PARTICULAR PURPOSE OR USE. NMCBN DOES NOT WARRANT THAT THE SERVICE IS COMPATIBLE WITH YOUR EQUIPMENT OR THAT THE SERVICE IS FREE OF ERRORS OR VIRUSES, AND IS NOT LIABLE FOR ANY DAMAGE YOU MAY SUFFER AS A RESULT OF SUCH DESTRUCTIVE FEATURES. YOU AGREE THAT NMCBN SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR (A) ANY DAMAGES, ANY LOST PROFITS, LOSSES, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR ANY CLAIM AGAINST NMCBN BY ANY OTHER PARTY INCLUDING ANY SUPPLIERS’ SITES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (B) ANY FAULT, INACCURACY, OMISSION, DELAY OR ANY OTHER FAILURE IN THE SERVICE CAUSED BY YOUR COMPUTER EQUIPMENT OR ARISING FROM YOUR USE OF THE SERVICE ON SUCH EQUIPMENT, OR BY ANY PARTY OTHER THAN NMCBN. YOU AGREE AND UNDERSTAND THAT THE CONTENT OF OTHER WEBSITES, SERVICES INCLUDING ANY AND ALL BOOKING TRANSACTION SERVICES, GOODS OR ADVERTISEMENTS THAT MAY BE LINKED TO THE SERVICE IS NOT MAINTAINED OR CONTROLLED BY NMCBN. NMCBN IS THEREFORE NOT RESPONSIBLE FOR THE AVAILABILITY, CONTENT OR ACCURACY OF OTHER WEBSITES, SERVICES OR GOODS THAT MAY BE LINKED TO, OR ADVERTISED ON, THE SERVICE. NMCBN IS ALSO NOT RESPONSIBLE FOR THE RELIABILITY OR CONTINUED AVAILABILITY OF THE TELEPHONE LINES AND EQUIPMENT YOU USE TO ACCESS THE SERVICE. YOU UNDERSTAND THAT NMCBN AND/OR THIRD-PARTY CONTRIBUTORS INCLUDING BOOKING TRANSACTION PARTNERS TO THE SERVICE MAY CHOOSE AT ANY TIME TO INHIBIT OR PROHIBIT THEIR CONTENT FROM BEING ACCESSED. YOU ALSO UNDERSTAND AND AGREE THAT ANY BOOKING TRANSACTIONS YOU MAY WISH TO ENGAGE IN ARE SUBJECT TO ALL THE TERMS AND CONDITIONS SET FORTH ON THE WEBSITE OR ON SUPPLIERS’ SITES AND YOU AGREE TO REVIEW ALL TERMS AND CONDITIONS OF THE SUPPLIERS’ SITES IN CONNECTION WITH BOOKING TRANSACTIONS THAT YOU MAY DESIRE TO ENGAGE IN PRIOR TO MAKING ANY PURCHASES THROUGH THOSE WEBSITES.
NMCBN’s liability in connection with this Website shall at all times be limited to the maximum limitation permitted by law. Some jurisdictions do not permit the exclusion or limitation of liability for consequential, incidental or other damages. To the extent applicable law does not permit any specific exclusion or limitation to apply to you or these Terms, such exclusion or limitation shall be severed from these Terms.
IndemnificationYou agree to keep, save, protect, indemnify, and hold harmless NMCBN, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Website from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, incurred or sustained by NMCBN arising out of, relating to or resulting from any breach or default by you under these Terms or any other obligations owed by you to NMCBN (including negligent or wrongful conduct). You agree to cooperate as fully as reasonably required in NMCBN’s defense and/or settlement of any claim. NMCBN reserves the right to assume that exclusive control over the defense and settlement of any matter subject to indemnification by you.
Governing LawThese T&C shall be governed and construed in accordance with the laws of the United States and the State of California, without giving effect to conflicts of law principles thereof. You agree to submit to the personal jurisdiction of the state and federal courts located in Sacramento County in the State of California with respect to any legal proceedings that may arise in connection with the Website, Services or from a dispute as to the interpretation or breach of the Terms. You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to your access to or use of the Website, Content or these Terms must be filed within one (1) year after such claim or cause of action arises.
HeadingsThe section titles in this T&C are used for convenience only. They have no legal significance.
SeverabilityIf any provision of the Terms is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in force.
NoticesUnless otherwise provided in these Terms, all notices, requests, confirmations, waivers, and other communications required or desired to be given in connection with these Terms shall be effective: (a) if given to you by e-mail addressed to your e-mail address on record at NMCBN, if any, or, (b) if given to NMCBN, then by e-mail addressed to firstname.lastname@example.org.
For Use in the United StatesThis Website is controlled and operated by NMCBN from its offices within the United States, currently located in Walnut Creek, California. NMCBN does not represent that the Website is appropriate or available for use elsewhere including access to the Website from locations where any of its Content is illegal or not authorized. If you access this Website from outside the United States, you do so at your own risk.
ArbitrationAny claim arising out of or relating to these Terms shall be settled by binding arbitration administered by the American Arbitration Association (“AAA”). The arbitration shall be heard by the AAA and determined by a single arbitrator with experience with information technology disputes. The arbitration proceedings shall take place in Sacramento, CA and shall be conducted in English. Each party shall bear its own costs relating to such arbitration, the parties shall equally share the arbitrators’ fees, and the arbitration and all related proceedings and discovery shall take place pursuant to a protective order entered by the arbitrators that adequately protects the confidential nature of the parties’ proprietary and confidential information. Either party may, without waiving any remedy under the Terms, seek from any court of competent jurisdiction any interim or provisional relief that such party deems necessary to protect its confidential information and property rights pending the establishment of the arbitral tribunal (or pending the arbitral tribunal’s determination of the merits of the claim).
Entire AgreementYou may not assign your rights and duties under these Terms at any time. This is the entire agreement between the parties relating the subject matter herein and supersedes any prior understanding, agreements or representations whether written or oral. NMCBN’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between NMCBN and you or any other party nor trade practice shall act to modify any provision of these Terms. If any provision of these Terms is held to be invalid, void or unenforceable by a court of competent jurisdiction, then such provision shall be deemed severed from these Terms and will not affect any other provision of these Terms, the balance of which shall remain and have their intended full force and effect. The headings and titles of the sections of the Terms are not a part of these Terms, but are for convenience only and are not intended to define, limit or construe the contents of any such sections.