TERMS AND CONDITIONS
These terms and conditions (hereinafter referred to as the “Terms and Conditions”) are entered into by and between myself and The Academy – National Institute for Crisis Response Training, LLC (hereinafter referred to as the “Company”). The following terms and conditions govern your use of https://www.theacademy-nicrt.com/ (hereinafter referred to as the “Website”), including any content and services offered on or through the Website. BY SIGNING ABOVE “I ACCEPT”, I AGREE AND ACCEPT TO BE BOUND AND ABIDE BY THESE TERMS AND CONDITIONS.
1. Engagement. I acknowledge and understand that I will be submitting personal information to the Company for the purpose of having the Company’s Members engage in training, education, and coursework.
2. Personal Information. I acknowledge and understand that when I submit my personal information I become a contact in the Company’s database and the Company will have the right to retain my personal information, which may include, without limitation, my name, email, contact information, or institution, title, or other information or documents which the Company may ask for from time to time (hereinafter referred to as “Data”). I acknowledge that no data transmission or storage system is 100% secure and yet understand that I consent to submit this Data and become a contact of my own free will. I understand that at any time I may withdraw my consent and upon doing so, all of my personal identifiable information will be deleted by the Company from all databases and records. I further agree that I will not initiate any legal action against any parties associated with the transmission and storage of Data, including the Company or any data storage facility, for any accidental loss, destruction, alteration, or unauthorized disclosure of such Data.
3. Changes to the Terms. The Company may revise and update these Terms and Conditions from time to time in its sole discretion. All changes are effective immediately when they are posted. My continued use of the Website following posting of revised Terms and Conditions means that I accept and agree to the changes. I am expected to check this page so I am aware of any changes, as they are binding to me.
4. Company Name. The Company name, and all related names, logos, service names and slogans are owned by the Company or its affiliates. I must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
5. Prohibited Uses. I may use the Website only for lawful purposes and in accordance with these Terms and Conditions. I agree not to use the Website: (a) in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); (b) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by the Company, may harm the Company or users of the Website, or expose them to liability; (c) use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any party’s use of the Website; (d) attempt to gain unauthorized
access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website; or (e) otherwise attempt to interfere with the proper working of the Website.
6. Reliance on Information Posted. The information presented on or through the Website is made available solely for general information purposes. The Company does not warrant the accuracy, completeness, or usefulness of this information. Any reliance placed on such information is strictly at my own risk. The Company disclaims all liability and responsibility arising from any reliance placed on such materials by myself and any other visitor to the Website, or by anyone who may be informed of any of its contents.
7. Payment Obligations. All payments for courses and other services offered by the Company are due and payable in full upon registering for such courses and services.
8. Cancellation and Refunds. To cancel a course which was previously registered and paid for, you must email your cancellation notice to nicrt.academy@gmail.com as soon as possible. All cancellations made more than thirty (30) days prior to the course date will receive a full refund or a full credit for a future class of equal or lesser value with the Company. All cancellations made less than thirty (30) days but more than seven (7) days prior to the course date will receive full credit for a future class of equal or lesser value with the Company, or a partial refund, of 75% of all course costs. All cancellations made less than seven (7) days prior to the course date, and all no-shows, will not receive a refund or any course credit, and where applicable, will be liable for any non-refundable expenses the Company has already paid for as deemed necessary to provide the course as requested by the client. Such expenses may include but are not limited to all non-refundable travel expenses, accommodation costs, and course material costs incurred by the Company for the client’s training needs.
9. Changes to the Website. The Company may update the content on this Website from time to time, but its content is not necessarily complete or up to date. Any of the material on the Website may be out of date at a given time and the Company is under no obligation to update such material.
10. Geographic Restrictions. The owner of the Website is based in the State of Montana in the United States and provides this Website for use of persons located in the United States. The Company makes no claims that the Website or any of its content is accessible outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If I access the Website from outside the United States, I do so on my own initiative and am responsible for compliance with local laws.
11. Disclaimer of Warranties. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY 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 MY COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO MY USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE. MY USE OF THE WEBSITE, ITS CONTENTS, AND ANY
SERVICES OBTAINED THROUGH THE WEBSITE IS AT MY OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
12. Limitation of Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, MEMBERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO THE WEBSITE, ANY CONTENT ON THE WEBSITE, OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
13. Indemnification. I agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, members, 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 my violation of these Terms and Conditions or my use of the Website, including, but not limited to any use of the Website’s content, services, and products other than as expressly authorized in these Terms and Conditions, or my use of any information obtained from the Website.
14. Governing Law and Jurisdiction. All matters relating to the Website and these Terms and Conditions, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Montana without giving effect to any choice or conflict of law provision or rule (whether of the State of Montana or any other jurisdiction). Any legal suit, action, or proceeding arising out of or related to, these Terms and Conditions of the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Montana, in each case located in the County of Missoula. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
15. Entire Agreement. These Terms and Conditions constitute the sole and entire agreement between you and the Company regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
BY SIGNING ABOVE YOU ACCEPT AND AGREE TO ALL REGISTRATION, TERMS, AND CONDITIONS