|| TERMS AND CONDITIONS
OF THE NEVADA LEARNING SERIES ("NLS") WEB SITE
PLEASE READ THESE
TERMS AND CONDITIONS OF USE ("TERMS AND CONDITIONS OF USE") OF THE
NLS WEB SITE (THE "SITE") CAREFULLY. BY USING THIS SITE YOU ARE AGREEING
TO ACCEPT THE TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE TO THE TERMS
AND CONDITIONS OF USE, DO NOT USE THIS SITE.
IF YOU ARE APPLYING
TO BECOME A MEMBER OF THIS SITE SO THAT YOU MAY PURCHASE NLS PRODUCTS, YOU MUST
INDICATE YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF USE BY CLICKING THE
"I ACCEPT" BUTTON BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS
OF USE, CLICK ON THE "I DO NOT ACCEPT" BUTTON BELOW AND DO NOT PROCEED
WITH THE MEMBER APPLICATION PROCESS.
YOU SHOULD REVISIT
THIS PAGE FROM TIME TO TIME AS YOUR USE OF THE SITE IS SUBJECT TO THE MOST CURRENT
VERSION OF THE TERMS AND CONDITIONS OF USE POSTED ON THE SITE AT THE TIME OF
YOUR RIGHT TO
USE THIS SITE
Provided that You
comply with the Terms and Conditions of Use, You have the right to use this
Site to (a) view various materials, including all information, documents, and
other content on the Site (collectively, the "Materials"), and (b)
subject to any other requirements that NLS may specify, access services ("Services")
provided and products ("Products") offered by NLS on this Site.
NLS reserves the right to restrict, suspend or terminate Your access to all
or part of the Site, or to require You to immediately destroy any Materials
You have downloaded, printed or otherwise received from or through the Site,
at any time for any reason, without prior notice or liability, and at NLS's
MATERIALS ON THE SITE
The Materials on
the Site are owned by NLS and its suppliers. They are copyrighted and protected
by United States, Canadian and international intellectual property laws, treaties
and conventions. You may not copy, adapt, modify, display, perform, transmit,
frame, distribute, resell, commercially exploit or otherwise use the Materials,
except as expressly permitted herein, without the prior written permission of
the relevant rights holder(s). You also may not create a hyperlink directly
to a page on the Site, other than the default, index or home page found at http://www.nlearnseries.com,
without the prior written permission of NLS.
of NLS and others used on the Site are the property of NLS or their respective
owners. You may not use any trademark displayed on the Site without the written
permission of NLS or the respective owner. Your use of the Site is conditioned
on Your abiding by all notices of copyright, trademark and other proprietary
rights appearing in the Materials. You are forbidden from removing or altering
any such notices in full or in part from Materials that You print or download.
FROM YOU TO THE SITE
Except as specified
You send to the Site ("Communications") will be considered non-proprietary
and non-confidential. NLS shall have no obligations of any kind to You respecting
Your Communications and will be free to use them on an unrestricted basis for
any purposes. You are prohibited from sending NLS or any other user of the Site
any unlawful, threatening, libelous, defamatory, obscene, pornographic, or any
other Communications that would violate any law or the rights of others under
From time to time
this Site may contain references and links to content, products, services or
other offerings of third parties ("Third Parties"). Such references
and links do not constitute or imply an endorsement or recommendation by NLS
of any such Third Party and in no way should be interpreted as an acceptance
of responsibility or liability for Third Parties.
This Site is operated
and controlled by NLS from its offices and resides on servers located within
Ontario, Canada, but can be accessed from jurisdictions whose laws may differ
from those of the Province of Ontario. By accessing the Site You agree that
the laws of the Province of Ontario and the federal laws of Canada applicable
therein, without regard to conflicts of law provisions, will apply to all matters
arising out of or in connection with the Site including the purchase of Products.
You also agree to submit to the exclusive personal jurisdiction and venue of
the courts of the Province of Ontario with respect to such matters.
NLS makes no warranty
or representation that any or all Materials, Products and Services provided
on the Site, or any other materials, products or services referenced therein,
are lawful in other jurisdictions or available for use in all jurisdictions.
Accessing these Materials, Products or Services from territories where they
are illegal is prohibited. You agree that if You access the Site from another
jurisdiction, You are responsible for compliance with local laws.
If any provision
of the Terms and Conditions of Use is found to be unlawful, void or unenforceable,
then such provision is deemed severable and will not affect the validity or
enforceability of any of the remaining provisions. The parties agree that this
agreement and all related documents be written in the English language. Les
parties ont exigé que le présent contrat et tous les documents
connexes soient redigés en anglais.
NO WARRANTY FOR MATERIALS AND SERVICES
EXCEPT AS OTHERWISE
NOTED HEREIN, THE MATERIALS AND SERVICES PROVIDED ON THIS SITE ARE PROVIDED
"AS IS" BY NLS, WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND,
INCLUDING WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Applicable laws
may not allow the exclusion of implied warranties, so the above exclusion may
not apply to You. To the extent permissible, any implied warranties or representations
are limited to the fullest extent permitted by law. NLS makes no warranties,
representations, or conditions of any kind regarding the sites, services, products,
programmes or other offerings of Third Parties referenced on or accessible by
means of the Site. NLS also takes no responsibility for viruses that may damage
Your computer system or data resulting from Your access to or use of the Site.
efforts are used to ensure that the Site will be current and will contain no
errors or inaccuracies, NLS does not warrant or represent the accuracy and completeness
of the Materials on the Site. NLS may make changes to the Materials on the Site
at any time without notice. The Materials on the Site may be out of date, and
NLS makes no commitment to update the Materials. NLS does not guarantee that
all Products referenced on the Site will be available at all times.
IN NO EVENT WILL
NLS, OR ITS SUPPLIERS, BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF THE
USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY THIRD PARTY SITES,
OR THE MATERIALS OR SERVICES CONTAINED OR PROVIDED THROUGH ANY OR ALL SUCH SITES,
WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER
OR NOT NLS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree to defend,
indemnify and hold harmless NLS and its affiliates, representatives, officers,
directors and employees from all liabilities, claims, costs and expenses, including
legal fees, that arise out of or in connection with Your use of the Site, Your
viewing or downloading of Materials from the Site, Your use of Services or acquisition
of Products on the Site, or Your Communications to the Site.
TERMS AND CONDITIONS
APPLICABLE TO ONLINE ORDERS
Members that wish to order a Product for purchase from the Site must complete
the form provided, and supply current, complete, and truthful information as
prompted. You agree to notify NLS promptly of any changes in this information
until such time as the order has been fulfilled. Products may be purchased for
lawful purposes and by end-users only.
prices listed on the Site are provided for informational purposes only, and
do not constitute an offer to sell Products. Unless otherwise stated, prices
are in U.S. dollars and do not include applicable taxes or shipping, handling,
or insurance costs. Unless agreed to by NLS, You accept sole responsibility
for the importation of any Products, including required licenses and permits
and all associated costs, from the United States or Canada into other jurisdictions.
All sales are final. Products may not be returned excepted as provided herein
and no refunds are given. When You select Products for purchase and choose "submit"
on the order page, the total of the Product price, taxes and any applicable
shipping, handling, or insurance costs will be charged to the credit card number
You provide, or if You have been approved for credit, You will be invoiced with
payment due within 30 days of shipment. For credit card orders, You confirm
that You are authorized to use the credit card number to make this purchase
and permit NLS to take steps to verify such authorized use. Orders are not binding
upon NLS until NLS at its sole discretion has approved and accepted the order.
You are responsible for all charges incurred in Your use of the Site, whether
or not authorized by You. You should inform Yourself of the extent of Your liability
for unauthorized charges under any credit card agreement(s) that may apply to
You. NLS will not charge federal, state, or provincial taxes if You provide
NLS with a valid exemption certificate.
OF LOSS AND TITLE. NLS will ship Products to You F.O.B. NLS's warehouse in Toronto
for Canadian orders and F.O.B. NLS's warehouse in New York for all other orders.
Where applicable, You are considered the "Importer of Record" for
customs purposes. Upon NLS's delivery of the shipment to the carrier, You assume
the risk of loss and/or damage to the Products and title passes to You, except
that NLS expressly reserve title until full payment is received. If You purchase
Products on credit, You authorize NLS to register a notice of security interest
in jurisdictions NLS considers appropriate with respect to Products purchased
FOR PRODUCTS. NLS warrants to You that Products purchased from the Site will
be free from defects in materials and workmanship. The foregoing warranty shall
not apply to a Product that has been modified without authorization or damaged
by accident, act of God, shipment, or misuse. As Your exclusive remedy for breach
of this warranty, You may return, shipping prepaid, any such Product for replacement
at no additional charge. The foregoing warranty shall not apply to a Product
that has been damaged by accident, act of God, shipment, or misuse. EXCEPT AS
EXPRESSLY PROVIDED IN THIS PARAGRAPH AND TO THE FULL EXTENT PERMITTED BY LAW,
THIS LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS,
UNDERTAKINGS OR OTHER TERMS EXPRESS OR IMPLIED, WRITTEN OR ORAL, ALL OF WHICH
ARE EXCLUDED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT
AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING, OR USAGE FOR TRADE.
ANY APPLICABLE STATUTORY CONSUMER RIGHTS ARE NOT AFFECTED BY THIS CLAUSE.
LIMITATION OF LIABILITY.
TO THE FULL EXTENT PERMITTED BY LAW, NLS SHALL HAVE NO LIABILITY TO YOU OR ANY
OTHER PERSON OR ENTITY FOR DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY,
DELAY IN DELIVERY, OR USE OF PRODUCTS PURCHASED FROM NLS. NLS WILL NOT BE LIABLE
FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS BY YOU OR ANY OTHER PERSON OR
ENTITY. THE LIMITATIONS IN THIS SECTION WILL APPLY, WHERE PERMITTED, NOTWITHSTANDING
THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY WARRANTY REMEDY.
& AVAILABILITY. Products may not be exactly as shown or described. NLS does
not guarantee that all Products advertised on the Site will be available at
all times. NLS reserves the right to limit quantities.
may not assign an order for a Product without the prior written permission of
transactions are void wherever such transactions are prohibited. In addition
to the Applicable Laws provisions herein, the parties expressly exclude the
application of the United Nations Convention on Contracts for the International
Sale of Goods.