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AGREEMENT BETWEEN YOU AND NALS INC. (NALS...the association for legal professionals.)

Last Updated Date: July 26, 2016

PLEASE READ THIS TERMS OF USE AGREEMENT (THE “TERMS”) CAREFULLY. BY ACCESSING OR USING THIS WEBSITE OR ANY OTHER WEBSITES OF NALS, INC. (“NALS”) WITH LINKS TO THIS AGREEMENT (COLLECTIVELY, THE “WEBSITE”) IN ANY WAY, INCLUDING USING THE SERVICES ENABLED VIA THE WEBSITE (THE “SERVICES”) BY NALS OR USERS OF THE SITE (“USERS”), CLICKING THE “I ACCEPT” CHECK BOX, OR MERELY BROWSING THE WEBSITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR THE SERVICES.

THESE TERMS INCLUDE A CLASS ACTION WAIVER AND WAIVER OF JURY TRIALS, AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.

The Services include, but are not limited to, a learning management system that entities (“ENTITIES”) may subscribe to and provide to their instructors and learners (“INSTRUCTORS” and “LEARNERS”) in connection with courses (each, a “COURSE”). NALS provides an account that enables a designated User to manage the Services, manage Learner and Instructor access to the Services, and provide general support on behalf of an Entity. “User” means any user of the Services, including Learners, and Instructors.

PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY NALS IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, NALS will make a new copy of the Terms available at the Website. We will also update the “Last Updated” date at the top of the Terms. If we make any material changes, and you have registered to use the Services, we will also send an e-mail to you at the last e-mail address you provided to us. Any changes to the Terms will be effective immediately for new Users of the Website or Services and will be effective thirty (30) days after posting of notice of such changes on the Website for existing User. NALS may require you to provide consent to the updated Terms in a specified manner before further use of the Website or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Website and/or the Services. Otherwise, your continued use of the Website and/or the Services constitutes your acceptance of such change(s). YOU AGREE TO REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.

USE OF THE SERVICES AND NALS PROPERTIES. The Website, the Services, and the information and content made available (“CONTENT”) by NALS on the Website and in the Services (collectively, the “NALS PROPERTIES”) are protected by copyright laws throughout the world. Subject to the Terms, NALS grants you a limited license to reproduce portions of the NALS Properties for the sole purpose of using the Services for your personal purposes or, in the event you are an Instructor, your educational purposes.

APPLICATION LICENSE. NALS also provides a mobile application (the “APPLICATION”) for use with the Services. Your use of the Application is governed by the End User License Agreement that accompanies the Application in the marketplace where you download it.

CERTAIN RESTRICTIONS. The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the NALS Properties, (b) you shall not use framing techniques to enclose any trademark, logo, or other NALS Properties; (c) you shall not use any metatags or other “hidden text” using NALS’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the NALS Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices, or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools, or the like) to “scrape” or download data from any web pages contained in the Website; (f) except as expressly stated herein, no part of the NALS Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (g) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the NALS Properties. Any future release, update or other addition to the NALS Properties shall be subject to the Terms. NALS, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of the NALS Properties terminates the licenses granted by NALS pursuant to the Terms.

REGISTRATION or MEMBERSHIP. In order to access certain features of the NALS Properties you must create an account (“ACCOUNT”). Certain features are only available to Instructor Accounts.

INSTRUCTOR ACCOUNTS. If you an Instructor, NALS will provide you with access to an Instructor Account, provided that you (1) provide any necessary information about you and/or your school when registering the Account (“REGISTRATION DATA”) and (2) accept the Terms. Using your Instructor Account, you will provide information in which NALS will create invitations for Student Members. You will be responsible for any activities, including any violation of the Terms.

STUDENT MEMBER. In order for NALS to create a Student Member account, you must (1) have personal access to an email account, (2) provide us with any Registration Data requested in the registration form, and (3) accept the Terms.

REGISTRATION DATA. In registering for the Services, you agree to (1) provide true, current, and complete Registration Data; and (2) maintain and promptly update the Registration Data to keep it true, current, and complete. You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to notify NALS immediately of any unauthorized use of your password or any other breach of security. You agree not to create or access an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account at any given time. You agree not to create an Account or use the NALS Properties if you have been previously removed by NALS, or if you have been previously banned from any of the NALS Properties.

SOCIAL NETWORKING SERVICES. At our discretion, we may permit you to login to the Services with your login credentials from certain social networking sites (e.g., Facebook) (“SNS”). If you log in or otherwise associate your Account with your login credentials from such SNS, we may receive information about you from such SNS, in accordance with the terms and conditions (e.g., terms of use and privacy policy) of the SNS (“SNS TERMS”). If you elect to share your information with these SNS, we will share information with them in accordance with your election. The SNS Terms of such SNS will apply to the information we disclose to them.

NECESSARY EQUIPMENT AND SOFTWARE. You must provide all equipment and software necessary to connect to the NALS Properties, including but not limited to, a mobile device that is suitable to connect with and use the Application. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the NALS Properties.

PAYMENT TERMS. Some of the Courses offered as part of the Services are available to Student Members and Instructors in exchange for a fee. You may purchase such Courses by following the directions on the Site. If you purchase a Course, you agree to pay the then-current applicable Course fee listed on the Site (“COURSE FEES”) and NALS will bill the credit card account you submit in purchasing the Course. All payments are refundable according to NALS’s standard refund policy or the refund policy posted on the applicable Course enrollment page, if any. In the event of a conflict between NALS’s standard refund policy and the refund policy posted on a Course enrollment page, the Course enrollment page will control. You hereby authorize NALS to bill your credit card, as applicable, for the Course Fees as described above. Course Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of all such taxes, levies or duties. If any Course Fee cannot be charged to your credit card for any reason, NALS may provide you, via email, notice of such non-payment and a link for you to update your payment information. If such non-payment is not remedied within seven (7) days after receiving such notice of non-payment, NALS may terminate your access to the applicable Course

RESPONSIBILITY FOR CONTENT.

TYPES OF CONTENT. You acknowledge, confirm, and agree that all Content, including the NALS Properties, is the sole responsibility of the party from whom such Content originated. This means that you, and not NALS, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“MAKE AVAILABLE”) through the NALS Properties (“YOUR CONTENT”). Other Users of the NALS Properties, and not NALS, are similarly responsible for all Content such other Users Make Available through the NALS Properties (“USER CONTENT”).

NO OBLIGATION TO PRE-SCREEN CONTENT. You acknowledge, confirm, and agree that NALS has no obligation to pre-screen Content (including, but not limited to, Your Content and User Content), although NALS reserves the right in its sole discretion to pre-screen, refuse, or remove any Content that (1) violates any law or regulation, (2) violates these Terms, including the User Code of Conduct set forth in Section 5.4 hereof, and/or (3) otherwise creates liability for NALS.

OWNERSHIP.

NALS PROPERTIES. Except with respect to Your Content and User Content, you agree that NALS and its suppliers own all rights, title and interest in the NALS Properties. NALS’s name and other related graphics, logos, service marks and trade names used on or in connection with the NALS Properties are the trademarks of NALS and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the NALS Properties are the property of their respective owners.

YOUR CONTENT. Except with respect to Your Content, you agree that you have no right or title in or to any Content that appears on or in the NALS Properties. NALS does not claim ownership of Your Content. However, you grant NALS a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive and fully sub licensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display Your Content (in whole or in part) for the purposes of operating and providing the NALS Properties. When you as a User post or publish Your Content on or in the NALS Properties, you warrant that you have the authority to grant the aforementioned license to NALS. You acknowledge, confirm, and agree that other Users may search for, see, use, modify, and reproduce any of Your Content that you submit to any area of the NALS Properties that is generally available to all Users. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.

YOUR ACCOUNT. Notwithstanding anything contained herein to the contrary, by submitting Your Content to any forums, comments or any other area on or in the NALS Properties, you hereby expressly permit NALS to identify you by your username as the contributor of Your Content in any publication in any form, media, or technology now known or later developed in connection with Your Content.

USER CODE OF CONDUCT. As a condition of use, you agree not to use the NALS Properties for any purpose that is prohibited by the Terms or by applicable law. You agree to not post, or permit others to post, content on the NALS Properties or on your profile that (i) encourages illegal activities, is fraudulent, or is unlawful; (ii) insults, defames, harasses, or threatens others; (iii) violates the copyright or intellectual property or privacy rights of others; (iv) contains obscene, vulgar, pornographic, or libelous material; (v) harms or impersonates others, including other Users; or (vi) advertises or sells a product or service. You agree to not reproduce content from your Course or other Learners unless allowed by the express copyright terms laid out by the Instructor (e.g. Creative Commons). You agree to not share the solutions to assignments with others unless this is expressly authorized by the Instructor. You agree to not submit the work of others as your own work. Respect the privacy of other Users. Respect the diversity of opinions and cultures that will be presented by other Users. You agree to not attempt or engage in, any potentially harmful acts that are directed against the NALS Properties, including but not limited to violating or attempting to violate any security features of the NALS Properties, introducing viruses, worms, or similar harmful code into the NALS Properties, or interfering or attempting to interfere with use of the NALS Properties by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the NALS Properties. If you believe that someone has violated this code of conduct, begin by notifying NALS Resource Center Staff (“STAFF”) immediately. If the issue is not addressed within 12 hours of discovery, contact dircomm@nals.org with your concerns.

FEEDBACK and SURVEYS. You agree that submission of any ideas, suggestions, documents, and/or proposals to NALS through its suggestion, feedback, wiki, forum, surveys or similar pages (“FEEDBACK”) is at your own risk and that NALS has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to NALS a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sub licensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the NALS Properties.

INVESTIGATIONS. NALS may, but is not obligated to, monitor or review the NALS Properties and Content at any time. Without limiting the foregoing, NALS shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if such Content violates the Terms or any applicable law. Although NALS does not generally monitor user activity occurring in connection with the NALS Properties, if NALS becomes aware of any possible violations by you of any provision of the Terms, NALS reserves the right to investigate such violations, and NALS may, at its sole discretion, terminate your license to use the NALS Properties, or change, alter or remove Your Content, in whole or in part.

INTERACTIONS WITH OTHER USERS.

USER RESPONSIBILITY. You acknowledge, confirm, and agree that you are solely responsible for your interactions with other Users of the Services and any other parties with whom you interact through the Services; provided, however, that NALS reserves the right, but has no obligation, to intercede in disputes among Users. You agree that NALS will not be responsible for any liabilities incurred as the result of such interaction.

CONTENT PROVIDED BY OTHER USERS. The NALS Properties may contain User Content provided by other Users. NALS is not responsible for and does not control User Content. NALS has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to User Content. You acknowledge, confirm, and agree that you use all User Content and interact with other Users at your own risk.

THIRD-PARTY WEBSITES.

THIRD-PARTY WEBSITES. The NALS Properties may contain links to third-party websites (“THIRD-PARTY WEBSITES”). When you click on a link to a Third-Party Website, we will not warn you that you have left the NALS Properties and are subject to separate terms and conditions or privacy policies. Such Third-Party Websites are not under the control of NALS. NALS is not responsible for any Third-Party Websites and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites, or their products or services. You acknowledge, confirm, and agree that you use all links in Third-Party Websites at your own risk. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third-party.

APP STORES. You acknowledge, confirm, and agree that the availability of the Application and the Services is dependent on the third-party from which you received the Application, e.g., the Apple or Android app stores.

INDEMNIFICATION. You agree to indemnify, defend, and hold NALS, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively the “NALS PARTIES”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Content; (b) your use of, or inability to use, the NALS Properties; (c) your violation of the Terms; (d) your violation of any rights of another party, including any User; or (e) your violation of any applicable laws, rules or regulations. NALS reserves the right, at its 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 NALS in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, the Terms, or your access to the NALS Properties.

DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND, ACKNOWLEDGE, CONFIRM, AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE NALS PROPERTIES IS AT YOUR SOLE RISK, AND THE NALS PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. NALS PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NALS PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE NALS PROPERTIES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE NALS PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE NALS PROPERTIES WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE NALS PROPERTIES WILL BE CORRECTED. ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE NALS PROPERTIES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR PERSON, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE NALS PROPERTIES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT. THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. NALS MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO THE SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM NALS OR THROUGH THE NALS PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

LIMITATION OF LIABILITY.

DISCLAIMER OF CERTAIN DAMAGES. YOU UNDERSTAND, ACKNOWLEDGE, CONFIRM, AND AGREE THAT IN NO EVENT SHALL NALS PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE NALS PROPERTIES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT NALS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE NALS PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE NALS PROPERTIES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE NALS PROPERTIES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY ON NALS PROPERTIES; OR (5) ANY OTHER MATTER RELATED TO THE NALS PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.

CAP ON LIABILITY. UNDER NO CIRCUMSTANCES WILL NALS PARTIES BE LIABLE TO YOU FOR MORE THAN FIFTY U.S. DOLLARS ( US $50.00).

USER CONTENT. NALS PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.

NO LIABILITY FOR CONDUCT OF THIRD PARTIES OR OTHER USERS. YOU ACKNOWLEDGE AND AGREE THAT NALS PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD NALS PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE NALS PROPERTIES. YOU ACKNOWLEDGE, CONFIRM, AND AGREE THAT NALS DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE NALS PROPERTIES.

BASIS OF THE BARGAIN. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN NALS AND YOU.

PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT. It is NALS’s policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to NALS by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the NALS Properties in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the NALS Properties of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for NALS’ Resource Center  for notice of claims of copyright infringement is as follows: dircomm@nals.org.

TERM AND TERMINATION.

TERM. The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use the NALS Properties, unless terminated earlier in accordance with the Terms.

TERMINATION OF SERVICES BY NALS. If you have breached any provision of the Terms, or if NALS is required to do so by law (e.g., where the provision of the Website, the Application, or the Services is, or becomes, unlawful), NALS has the right to suspend or terminate any Services provided to you or to delete any of Your Content. You agree that all terminations for cause shall be made in NALS’s sole discretion and that NALS shall not be liable to you or any third-party for any termination of your Account. 

Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services also may include deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof), including Your Content. Upon termination of any Service, your right to use such Service will automatically terminate immediately. NALS will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.

GENERAL PROVISIONS.

ELECTRONIC COMMUNICATIONS. The communications between you and NALS use electronic means, whether you visit the NALS Properties or send NALS e-mails, or whether NALS posts notices on the NALS Properties or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from NALS in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that NALS provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect any statutory rights you may have.

RELEASE. You hereby release NALS Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with or conduct of other Website Users or third-party websites of any kind arising in connection with or as a result of the Terms or your use of the NALS Properties. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

ASSIGNMENT. The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without NALS’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. NALS may assign its rights and obligations under these Terms to a third party without your consent.

FORCE MAJEURE. NALS shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

COMPLIANCE. If you believe that NALS has not adhered to the Terms, please contact NALS by emailing us dircomm@NALS.org. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.

ARBITRATION AGREEMENT; CLASS WAIVER; WAIVER OF TRIAL BY JURY.
Please read this Arbitration Agreement carefully. It is part of your contract with NALS and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by NALS that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and NALS, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.

Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to NALS should be sent to: Attn: Executive Director, 8159 East 41st Street, Tulsa, Oklahoma, 74145. After the Notice is received, you and NALS may attempt to resolve the claim or dispute informally. If you and NALS do not resolve the claim or dispute within 30 days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the ADR Provider.

Additional Rules for Non-appearance Based Arbitration: If non-appearance arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.

Time Limits. If you or NALS pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.

Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and NALS, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and NALS.

Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and NALS in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND NALS WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This Paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.

Right to Waive. Any or all of the rights and limitations set forth in this Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or effect any other portion of this Agreement.

Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with NALS.

Small Claims Court. Notwithstanding the foregoing, either you or NALS may bring an individual action in small claims court.

Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

Claims Not Subject To Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement.

Courts. In any circumstances where the foregoing Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Tulsa, Oklahoma, for such purpose.

GOVERNING LAW. The Terms and any action related thereto will be governed and interpreted by and under the laws of the State of Oklahoma consistent with the Federal Arbitration Act, without giving effect to any conflicts of law principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

NOTICE. Where NALS requires that you provide an e-mail address to access certain features of the NALS Properties, you are responsible for providing NALS with your most current e-mail address. In the event that the last e-mail address you provided to NALS is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, NALS’ dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to NALS at the following address: Attn: Membership Manager, 8159 East 41st Street, Tulsa, Oklahoma, 74145. Such notice shall be deemed given when received by NALS by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.

WAIVER. Any waiver or failure by NALS to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

SEVERABILITY. If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

ENTIRE AGREEMENT. The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
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