Terms & Conditions

 

Thank you for visiting www.nita.org (the "Site"). This Site is operated by National Institute for Trial Advocacy ("NITA"), located at 1685 38th Street,Ste. 200, Boulder, CO 80301. Your access to and use of this Site is subject to the following terms of use ("Terms of Use") and all applicable laws. The terms "NITA," "we," "us," and "our" when used in this Privacy Policy mean NITA. The terms "you" and "your" when used in these Terms of Use mean any user of this Site.

AGREEMENT Access to and use of this Site and the information, materials, products and services available through this Site are subject to all applicable laws and regulations and to these Terms of Use. By accessing, browsing, and shopping at this Site, you accept, without limitation or qualification, these Terms of Use, which form a legally binding agreement. If you do not agree, please exit this Site.

These Terms of Use may be changed by us from time to time without specific notice to you. The latest Terms of Use will be posted on the Site, and you should always review these Terms of Use prior to using the Site to ensure that you have a current understanding of the Terms of Use under which you are permitted to access this Site.

OWNERSHIP Unless otherwise indicated, this Site and its design, text, content, selection and arrangement of elements, organization, graphics, design, compilation, and other matters related to this Site ("Content") are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) laws, including without limitation those of the United States, and all Content and intellectual property rights therein are the property of NITA or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws.

The posting of any Content on this Site does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any such Content viewed through this Site. Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.

Permission is hereby granted to the extent necessary to lawfully access and use this Site and/or information, materials, products and/or services available on it to display and print in hard copy, portions of this Site on a temporary basis and for your individual use only, provided you do not modify the materials and that you retain any and all copyright and other proprietary notices contained in the materials.

TRADEMARKS The NITA logo, all product names, all page headers, all custom graphics, all button icons, all trademarks, service marks and logos appearing on this Site, unless otherwise noted, are service marks, trademarks (whether registered or not) and/or trade dress of NITA (the "Marks"). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated on the Site are the property of their respective owners. You are not authorized to display or use the Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners without the prior written permission of such owners. The use or misuse of the Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.

HYPERLINK DISCLAIMER This Site may contain links and/or advertisements to other websites maintained by unrelated companies. An advertisement of, or link to, a non-NITA website does not mean that we approve, endorse or accept any responsibility for that website, its content or use, or the use of products and services made available through such website. Such websites are not investigated, monitored or checked for accuracy, completeness or conformance with applicable laws and regulations by us. We do not make any representations whatsoever, or give any warranties of any kind, expressed, implied, or otherwise about other websites which you may access through this Site, the content thereof, or the products and/or services made available through such websites. If you decide to leave our Site and access these other websites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of such websites will apply to you while on such websites.

DATA PROTECTION CONSENT By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy which is incorporated herein. Before using this Site please read through all these documents carefully. All personal data provided to us as a result of your use of this Site will be handled in accordance with our Privacy Policy. We reserve the right to monitor your communications with us whether by mail, voice, fax, e-mail or any other form of transmission for the purposes of quality control, security and other business needs.

NO WARRANTIES WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE "AS IS" AND ON AN "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE AND ANY SITE WITH WHICH IT IS LINKED. WE DO NOT WARRANT THAT THIS SITE, ITS SERVERS OR E-MAIL SENT FROM US WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS SITE, OR ANY SITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT. WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.

EXCLUSION OF LIABILITYTO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR EMPLOYEES, AGENTS, SUPPLIERS, AND CONTRACTORS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR ANY WEBSITE WITH WHICH IT IS LINKED. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS.

These Terms of Use give you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of limitations or exclusions of liability, so the limitations & exclusions set out in these Terms of Use may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms of Use shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.

YOUR OBLIGATIONS In consideration of your use of the Site, if you register on our Site in order to make a purchase, receive information, or otherwise, you agree to provide true, accurate, current and complete information about yourself.

Your account, including your username and password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your password and username and are fully responsible for all activities that occur under your password or username by you or by anyone else using your username and password, whether or not authorized by you. You agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password (contact NITA at support@nita.org) and until we are so notified you will remain liable for any unauthorized use of your account.

You agree to use the Site in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through the Site any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Site is strictly prohibited. NITA reserves all rights and remedies available to it.

You agree to indemnify, release and hold us harmless as well as our officers, directors, agents, representatives and employees from any claim, liability, loss, expense or demand, including legal fees, related to your violation of these Terms of Use or your access or use of this Site (including any information, materials, products or services available through this Site).

Intellectual Property PolicyNITA respects the intellectual property of third parties, and takes matters of alleged intellectual property infringement seriously. If you believe that your own work, or the work of a third party for whom you are authorized to act, is featured on the Site or has been otherwise copied or made available on the Site in a manner that constitutes copyright infringement, please send a notice of the alleged infringement to NITA including all of the following information:

An electronic or physical signature of the intellectual property owner, or an agent authorized to act on behalf of the owner;

A description of the work that you claim has been infringed (including the URL, location on the Site, title and/or item number (if applicable) or other identifying characteristics);

Your name, company name, address, telephone number, fax number, and e-mail address (and, if you are not the owner of the intellectual property, the name of the owner);

A statement by you that you have a good-faith belief that the described use of the work is not authorized by the intellectual property owner, its agent, or the law;

A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the intellectual property owner or an agent authorized to act on behalf of the intellectual property owner.

Please send the notice of alleged infringement to NITA's agent for notice of claims of intellectual property infringement by any of the following:

Attn: John Baker
E-mail: jbaker@nita.org
Fax: 1.720.890.4860
Mail: 1685 38th Street, Ste. 200, Boulder, CO 80301

PRODUCT & SERVICES INFORMATION All references on this Site to information, materials, products and services apply to information, materials, products and services available in the jurisdictions specified with respect to such information only, unless otherwise stated. Nothing in this Site constitutes an offer to buy or sell our products or services in any other jurisdiction.

MINORS This Site is a business and commercial site. As such, it is not intended for children or minors under the age of 13 years without the permission of a parent or guardian. In addition, you must be at least 18 years of age to make a purchase on our Site's online store.

MODIFICATION AND DISCONTINUATION We reserve the right at any time and from time to time to modify, edit, delete, suspend or discontinue, temporarily or permanently this Site (or any portion thereof) and/or the information, materials, products and/or services available through this Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Site.

ENTIRE UNDERSTANDING These Terms of Use (together with our Privacy Policy and Return Policy, both of which are expressly incorporated herein) contain the entire understanding between you and us with respect to use of this Site and no representation, statement, inducement oral or written, not contained herein shall bind any party to this agreement.

SEVERABILITY AND NON-WAIVER Our failure to enforce any provision of these Terms of Use will not be deemed a waiver of such provision nor of the right to enforce such provision, and a waiver by us of any right under these Terms of Use on any occasion will not in any way constitute a waiver of such right or any other right on any other occasion. In the event any provision of these Terms of Use is determined to be invalid, such invalidity will not affect the validity of the remaining portions of these Terms of Use, and the parties will substitute for the invalid provision a provision which most closely approximates the intent and economic effect of the invalid provision. These Terms of Use will apply in lieu of and notwithstanding any specific legend or statement associated with any particular document or information exchanged.

LAW & JURISDICTION These Terms of Use shall be subject to, governed by and construed under the laws of the State of Colorado in the United States of America, without regard to conflict of law principles. Access to, or use of, this Site or information, materials, products and/or services on this Site may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with any applicable laws of the country from which you are accessing this Site.

You hereby consent and waive all objection to the exclusive jurisdiction of the federal and state courts in the State of Colorado and venue therein to resolve any controversy or claim of whatever nature arising out of or relating to use of this Site. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of this agreement is taking place or originating.

CONTACTING US If you have any questions regarding these Terms of Use or any other matter, you may email one of our Customer Service representatives at webmaster@NITA.org or call 1.877.648.2632.

You may also contact us at:
1685 38th Street, Ste. 200,
Boulder, CO 80301
Phone: 1.800.225.6482
Fax: 1.720.890.7069

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