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Terms and Conditions
These Terms and Conditions (the “Terms”) were last updated on April 23rd, 2022.
Please read these terms and conditions carefully before using Our Website.
Interpretation and Definitions
In addition to any words or phrases that are defined in these Terms, the following words and phrases shall have the meaning ascribed to them below:
"Company” "We", "Us" or "Our" in in these Terms refers to INTERDISCIPLINARY TRAINING INSTITUTE, LLC, a California limited liability company.
“Content” refers to text, images, video, audio, or other information that is available on the Website, regardless of the form in which is it is displayed on the Website.
“Product” or “Products” refer to the products or items offered for sale on the Website.
“Order” or “Orders” mean a request by You to purchase Products from Us.
"Promotions” refer to contests, sweepstakes or other promotions offered through the Website.
“Subscription” means the advance payment of a fee for access to a Subscription Product (defined below) sold on the Website for the applicable Subscription Term (defined below).
“Website” or “Site” refers to www.nrfcare.org and app.nrfcare.org.
“You” or “Your” means the individual accessing or using the Website, or the company, or other legal entity on behalf of which such individual is accessing or using the Website, as applicable.
Acknowledgment
These Terms govern Your use of the Website the content on the Website and any Product, including a Subscription Product and constitutes a binding agreement between You and Us.
Your access to and use of the Website and any Subscription Product is conditioned on Your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Website.
By accessing or using the Website You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Website.
You represent that You are over the age of 18. The Company does not permit those under 18 to use the Website.
Your access to and use of the Website and any content or Product is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Website.
User Accounts
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Website.
You are responsible for safeguarding the password that You use to access the Website and for any activities or actions under Your password, whether Your password is with Our Website or a Third-Party Social Media Website.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name, servicemark or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
We might have to change Your username if We believe the name is inappropriate or if it infringes on the intellectual property (such as the name or a brand) of someone else.
Site Content
We own or have other rights to the content and Products We provide on the Site. You agree that You do not acquire any ownership rights in any content or Products. We do not grant You any licenses, express or implied, to Our intellectual property (e.g., the content, any Products or any copyrights, service marks, trademarks associated with the content, the Products, Us, or the Site) except as expressly authorized by these Terms. Your use of the Site does not entitle You to make any unauthorized use of any content or the Products. As a condition of Your use of the Site, You warrant to Us that You will not use the Site for any purpose that is unlawful or prohibited by these Terms. You will not delete or alter any proprietary rights or attribution notices in any content or the Products. You will use the content or the Products solely for Your personal use and will make no other use of the content or the Products without Our prior and express written permission. You warrant that You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content or the Products, in whole or in part, found on the Site. Neither the content nor the Products are for resale.
Maintaining and Changing the Site
From time to time, We will change the features and functionality of the Site, which might have a negative impact on some of the information You have provided on the Site, such as posts, or on the features and functionality of the Site.
We will try to use reasonable skill and care in keeping the Site up and running and error-free, but We cannot guarantee that it will function without disruptions, delays, inaccuracies or other problems such as data transfer. We have no responsibility for any injury arising from the functioning of the Site or transmission of information to or from it or Us.
Placing Orders for Products
By placing an Order for Products through the Website, You warrant that You are legally capable of entering into binding contracts.
Paying for Your Subscription
You will pay for a Subscription with the “shopping cart.” Payment is processed through a third-party processor such as Stripe which means We don’t have any access to Your banking information. We do not have access to You credit card information.
The processor manages all aspects of the payment transaction between You and Us, including but not limited to customer service regarding Your payment and payment processing. Please note that Your use of the processor’s services is subject to its terms and conditions and its privacy policy.
In so doing, You agree to pay the amounts specified for Your Subscription(s) for the term associated with the Subscription Product (the “Subscription Term”). Please note that it is a pre-payment for the applicable Subscription Term.
If Your Subscription is for longer than thirty (30) days, it will auto-renew at the end of the term You initially selected unless You give Us notice not later than thirty (30) days prior to the expiration date. For thirty (30) day Subscriptions You must give Us not less than ten (10) days’ notice .
Depending on the jurisdiction, Our charges might not include taxes and/or similar fees (i.e., required by law). You are responsible for paying all such taxes and fees. The Company will charge You for such taxes and fees (and advise You of doing so) if the Company is informed or believes that such taxes and fees need to be included, such as jurisdictions that require it in the initial acquisition of a Subscription. You agree to pay all such taxes and fees and, when the Company invoices You, to promptly reimburse anything Cognitive Edge has paid.
What happens at the end of Your Subscription?
Once the Subscription Term is over, all Products subject to the Subscription will be deactivated unless You timely renew the Subscription. Your Subscription details and data will be retained for a minimum of three (3) months after Your Subscription Term is over in the event You decide to re-activate Your account, although the Company may choose to maintain an archive copy for legal purposes. Access to Your account information and data after the Subscription Term has expired will require a Subscription re-activation, including payment and any applicable reactivation fee. You can still use the information that You have downloaded .
Providing the Subscription Product
When You sign up and pay for, or continue to pay for, a Product that requires a Subscription (each a “Subscription Product”), the Company authorizes You to access and use the Product for the Subscription Term, subject to these Terms. During Your Subscription Term and in accordance with these Terms, the Company will provide You such access to and use of the Product.
The Company provides the Subscription Product with the intention, but not the obligation or guarantee, that it will be available almost all of the time, excluding downtime for maintenance or other reasons, including those reasons outside of Our control. The Subscription Product might not be available also because We have suspended or terminated Your account pursuant to these Terms. Although unlikely, it is possible that some features or functionality might not be available in certain territories (e.g., because of legal reasons in such territories).
Your Information
If You wish to place an Order for Products available on the Website, You may be asked to supply either Us or Our payment processor with certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.
You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to Us is true, correct and complete.
By submitting such information, You grant Us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
Order Cancellation
We reserve the right to refuse or cancel Your Order at any time at Our sole and absolute discretion for certain reasons including but not limited to:
- Products availability
- Errors in the description or prices for Products
- Errors in Your Order
We reserve the right to refuse or cancel Your Order at Our sole and absolute discretion if fraud or an unauthorized or illegal transaction is suspected.
Your Order Cancellation Rights
Products as well as any Subscription are non-refundable and non-returnable.
Availability, Errors, and Inaccuracies
We are constantly updating Our offerings of the content and Products on the Website. The content and Products available on Our Website may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding the contents or Our Products on the Website and in Our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and Websites. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Pricing Policy
The Company reserves the right to revise its prices at any time prior to accepting an Order.
The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.
Promotions
Any Promotions made available through the Website may be governed by rules that are separate from these Terms.
If You participate in any Promotions, please review the applicable rules as well as Our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
Third Party Websites and Information
There are links on the Site that, if clicked, will probably take You to the sites of third parties such as other Our payment processor, others in the music world and businesses (among others). At that point, You will be leaving the Site and You might be subject to their terms of use and privacy policies and other documents. We have no control over these sites and the content there or any other use of such sites including other links on such sites.
Termination
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms.
Upon termination, Your right to use the Website, any Subscription or any Subscription Product will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Website and/or the Subscription.
We will use reasonable efforts to inform You when Your account has been suspended or terminated. If You object, please email Us at admin@NRFcare.organd We will provide You with the procedure for reconsideration and restoring Your account or lifting the restriction on access to it. If Your account remains terminated, then We will not have any obligations to You to deliver the Site for Your access and use.
Limitation of Liability
This limitation of liability is to the maximum extent permitted by applicable law. In no event shall We (and/or Our partners, third party suppliers and licensors) be liable for any costs of substitute products or services, or for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, or loss of business information) arising out of this Agreement or the use of or inability to use any part(s) of the Site (including third party sites) or the failure to provide support services, even if We have been advised of the possibility of such damages. Our entire liability (and/or that of Our partners, third party suppliers and licensors) arising out of this Agreement and Your access to and use of the Site and anything available on or through Site shall be limited to one hundred dollars ($100.00). In addition, We, Our partners, third party suppliers and licensors bear no liability for any technical inaccuracies or other errors, or for damages resulting from use of the information in any documentation.
The above does not exclude or limit Our liability for any other things that the law does not permit Us to exclude.
Disclaimer of Warranties
You accept the Site, and anything You find there or through there, “as is,” and We, Our partners, third party suppliers and licensors make no warranty as to its use, performance, or otherwise, including all content available on or through the Site. We, Our partners, third party suppliers and licensors disclaim all other representations, warranties, and conditions, express, implied, statutory, or otherwise, including, but not limited to, implied warranties or conditions of merchantability, quality, fitness for a particular purpose, title, and non-infringement. The entire risk arising out of use remains with You.
Indemnification
You shall indemnify, defend and hold Us harmless (which includes Our officers, directors, employees, agents and third parties) for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of Your use of or inability to use the Site or any of the content on the Site, Your violation of any terms of this Agreement or Your violation of any rights of a third party, or Your violation of any applicable laws, rules or regulations. We reserve the right, at Our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with Us in asserting any available defenses.
Governing Law
The laws of the State of California, excluding its conflicts of law rules, shall govern these Terms and Your use of the Website. Your use of the Application may also be subject to other local, state, national, or international laws.
Dispute Resolution
If a claim or dispute arises out of or relates to Your use of the Site, please email Us the details to admin@NRFcare.org or We will notify You. You and We agree that if You and We are not able to resolve any dispute arising out of or concerning these Terms, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by You and Us, in Los Angeles, California (unless You and We agree in writing to another location). The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms.
Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both We and You agree otherwise in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
For International Users
We operate and maintain the Site from the United States. If You access the Site from a location outside the US, You are responsible for compliance with all local laws. You agree that You will not use any content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
Any amendment or waiver to this Agreement must be in writing and it must be signed or posted by Us. An email from Us does not constitute an amendment.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Website after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Website.
Reservation of Rights.
We reserve all rights not expressly granted to You.
Assignment
You cannot transfer Your rights or obligations under this Agreement unless We consent to it in writing signed by an authorized officer and such consent is provided in advance of Your proposed transfer. We can assign Our rights and obligations to others—for example, third parties might help Us maintain the site or Our contact database. In addition, assignment might occur if ownership of the Site changes. We will notify You through the Site if an assignment by change of ownership occurs.