IPE Terms of Use
Last Updated: 6/11/2021
IPE is a division of NBI
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
Please read these Terms of Use (these "Terms of Use") carefully before you visit, access, use or otherwise interact with the Services. These Terms of Use form a binding agreement between you and us. By using the Services, you accept and agree to be bound and abide by these Terms of Use, our Privacy Policy, our Cookie Policy and, as applicable, our Subscription Agreement (collectively, the "User Terms").
If you do not agree to our policies, practices, or terms and conditions contained in the User Terms, you may not visit, access, use or otherwise interact with the Services. When these Terms of Use refer to "use" of the Services, the term "use" is intended to be broadly construed to include any direct or indirect access to or use of the Services or any information or data included on the Services.
These Terms of Use and the User Terms may change from time. Your continued use of the Services after we revise these Terms of Use or the User Terms means you accept these Terms of Use and/or the User Terms as amended, so please check these Terms of Use and the User Terms periodically for updates.
2. Prohibited Users
The Services are not intended to offer or market any product or service to children under the age of eighteen (18) ("Prohibited Users"). If you are a Prohibited User, you may not browse or use the Services in any manner. We will never knowingly solicit, nor will we accept, orders or personal information from Prohibited Users. In accordance with our Privacy Policy, in the event that we learn that we have collected any personal information from a Prohibited User, we will delete that information. If you believe we might have any information from or about a Prohibited User, please contact us as provided in our Privacy Policy. By using the Services, you represent and warrant that you are not a Prohibited User.
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
Subject to and conditioned on your acceptance of and compliance with these Terms of Use and the User Terms, you are granted a non-exclusive, non-transferable, limited license to access, use and view the intellectual property comprising the free portions of the Services which may include seminars, recorded programming, publications and program materials made available to you through the Services. You may use the Services for your noncommercial personal use and for no other purpose. We reserve the right to bar, restrict or suspend any your access to the Services, and/or to terminate this license at any time for any reason. Access to certain portions of the Services may require the purchase of one or more NBI Subscription CLE Passes. Use and purchases of NBI Subscription CLE Passes are governed by our Subscription Agreement. We reserve any rights not explicitly granted in these Terms of Use.
5. Limitations
You may use the Services and receive an affidavit for CLE purposes for self-study/home study courses, live events, live webcasts, video/audio replays or downloadable content. No substitute attendees are allowed. You may not copy, download, store, publish, transmit, transfer, sell or otherwise use the data in whole or part, in any form or by any means except as expressly permitted by these Terms of Use. Downloaded data shall not be stored or used in an archival database or other searchable database. You shall not sell, license, or distribute data (including printouts and downloaded data) to third parties or use data as a component of or as a basis for any material offered for sale, license or distribution.
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
Certain portions of the Services (including ipe.nbi-sems.com) may allow you to set up an account or subscribe to certain features or benefits, including creating a unique user name and password or providing certain personal information. By joining, subscribing or submitting information to NBI on or through the Services, you expressly agree to (a) treat your login and password information with the same care as other confidential business information; (b) ensure that any person accessing your account is aware that the account is subject to these Terms of Use; (c) supervise and be responsible for any use of your account; (d) promptly change your login information and notify NBI if you believe that an unauthorized person has access to your login information. Furthermore, by joining, registering, subscribing or submitting contact information to NBI on or through the Services, you expressly grant NBI or its third party service providers the right to communicate with you via e-mail, mail, fax, text, phone call or via other contact information you provide.
9. Security
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
EXCEPT AS PROHIBITED BY APPLICABLE LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE 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.
12. Third Party Websites
These Terms of Use do not apply to any website owned or operated by any third party, even if (1) such third party links to a website owned by us or (2) the Services link to that third party website. NBI does not endorse the content found on such third party websites. Accordingly, these Terms of Use do not apply to the practices of any third party, affiliate, or business partner that we do not own or control. You acknowledge that we do not control third party websites and are not responsible for any content, services, products or practices of third parties. If you access any of the third-party websites linked to, or which link to, the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites, including the privacy policies of such websites.
13. Indemnification
Except as otherwise expressly provided in the User Terms, to the maximum extent permitted by law, you agree to defend, indemnify and hold harmless NBI and its respective officers, directors, owners, agents, employees, affiliates, licensees and licensors, from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Services in violation of any of these Terms of Use and/or the User Terms, including but not limited to your use of any information obtained from the Services.
14. Term and Termination
These Terms of Use will take effect at the time you use the Services or any part thereof. Your failure to comply with these Terms of Use or the User Terms automatically revokes your authorization to use the Services and terminates all rights granted to you under these Terms of Use and the User Terms. Your obligations to us, our affiliates and our respective third party service providers relating to your use of the Services or products purchased on or through the Services prior to termination shall continue after termination. Upon termination, you must destroy all copies of any portion of the Services, including any Services Content in your possession.
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
NBI’s performance under these Terms of Use is subject to interruption and delay due to causes beyond its reasonable control, such as acts of God, acts of any government, war or other hostility, civil disorder, the elements, power failure, equipment failure, industrial or labor dispute, inability to obtain necessary supplies and the like.
17. Notices
For the purposes of providing notices under these Terms of Use, NBI is located at 1218 McCann Drive, Altoona, WI 54720.
18. Governing Law; Venue; Jurisdiction
These Terms of Use and its performance shall be governed by the laws of the State of Wisconsin, U.S.A. without regard to conflicts of law provisions. The parties agree that the state and federal courts sitting in Wisconsin will have exclusive jurisdiction over any claim arising out of these Terms of Use and each party consents to the exclusive jurisdiction of such courts and waive any objection as to personal jurisdiction, venue, or forum non conveniens.
19. Miscellaneous
Any translation of these Terms of Use and/or the User Terms is done for local requirements and in the event of a conflict between the English and any non-English versions, the English version of these Terms of Use and/or the User Terms shall govern. If any provision of these Terms of Use and/or the User Terms, or any portion thereof, is found to be unenforceable, it shall be enforced to the maximum extent permissible so as to affect the intent of these Terms of Use and the User Terms, and the rest of these Terms of Use and the User Terms shall remain in full force and effect. These Terms of User supersede and cancel all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding your use of the Services.