The official language of these Terms is English. If these Terms are translated into a language other than English and there is a conflict of terms between the English and the other language, the English version will control.
Your use or participation in certain parts of the Service may be subject to additional terms, which may be presented to you for acceptance when you sign up for those parts of the Service. Such additional terms will be considered part of these Terms.
Please contact NDG at firstname.lastname@example.org if you have any questions about these Terms.
The Service consists of one or more instructional lab libraries, course(s) and an associated learning management system, all hosted by NDG or its authorized resellers or suppliers. Users of the Service include "Instructors" and "Students", as well as "Administrators" with an administrator account for entities that have signed up to use the Service. The Service may include social networking and collaboration tools, and also may support discussion forums, chat, electronic messaging, survey tools, blogs, wikis or other collaborative tools that NDG elects to make available in its discretion.
Your use of the Service is strictly conditioned on your enrollment in an academic program offered by a high school, college, or university, or on your employment as a teacher or administrator of an academic program offered by a high school, college, or university.
NDG reserves the right at any time and from time to time to modify the Service with or without notice. You agree that NDG will not be liable to you or to any third party for any modification of the Service.
The Service may contain functionality that allows for assessment of users' mastery of subject matter associated with courses provided as part of the Service. These assessments are for the personal use of users only, do not constitute grades, and should not be used for the purpose of providing a course grade to any user. You indemnify NDG for any claims based on the use or results of any assessments provided as part of the Service.
To use the Service, you will need a username and password, and/or other codes or tokens (collectively, "ID's"). ID's may be provided to you by NDG, by an authorized NDG reseller, or by your Instructor. You should change your password before starting to use the Service, to prevent unauthorized access to your account. To facilitate communication between NDG and its users, and for retrieval of login information, you acknowledge that NDG uses email addresses.
Your ID is for your personal use only. You may not authorize others to use your ID, and you may not assign or transfer your ID or account.
You are solely responsible for maintaining the confidentiality of your ID. Furthermore, you are responsible for all activities, charges, and liabilities associated with your ID and account. You must immediately notify NDG of any unauthorized use of your ID or account. If you are a minor, NDG reserves the right to provide access to your account to your parent, guardian or other authorized adult, upon such adult's request.
You are solely responsible for, and assume all liability regarding, your online and offline interactions with other users of the Service. NDG DISCLAIMS ALL LIABILITY WITH RESPECT TO THE ACTS, OMISSIONS OR CONDUCT OF ITS USERS.
NDG reserves the right, but has no obligation, to monitor disputes between you and other users and to restrict, suspend, or close your account if NDG determines, in its sole discretion, that doing so is necessary to maintain the Service or to enforce these Terms.
Any software, material, information, communications, text, graphics, links, art, animations, audio, video, photos, and other data (collectively, the "Content") that you upload or otherwise make available in the Service remains your sole property or the property of your licensors. By uploading or otherwise providing such Content, you give NDG a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such for the purpose of enabling NDG to provide, distribute and promote the Service. You are solely responsible for maintaining copies of Content you upload in connection with the Service.
NDG does not adopt, endorse, or accept responsibility for any third-party Content. Under no circumstances will NDG be liable for any loss or damage resulting from your reliance on Content available through the Service. NDG reserves the right (but has no obligation) to pre-screen, review, flag, filter, modify, refuse or remove Content from the Service.
You acknowledge that the Service, any underlying technology used in connection with the Service, and all Content available within the Service are owned by NDG or third-party providers and are protected by copyright and other intellectual property rights. NDG and its third-party providers retain and own all right, title and interest in and to the Service and the Content, including all associated intellectual property rights.
You are granted a non-exclusive, personal right to use the Service and Content which you have acquired only in conjunction with an educational course in which you are enrolled or are administering. You may not download, print, copy, distribute or modify any Content.
As part of the Service, you may have the right to post, upload, or otherwise submit material and content ("Submissions"). You grant NDG the right, in its sole discretion, to use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat Submissions to modify, improve, deliver, and market the Service and the Content. Any Submissions are offered by you without expectation of compensation, partnership, or recognition by NDG or its third party licensors. NDG shall have the right to retain and use any such Submissions without compensation to you or your Institution or employer.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) that may be contained within the Content. You agree that in using the Service, you will not use any trademark (including any logo) of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks or logos.
You may not (and you may not permit anyone else to) extract, copy, modify, reverse engineer, decompile, or otherwise attempt to access or use the source code of the software used to provide the Service or any part thereof, unless this is expressly required by law. You also agree that you will not copy, modify, create derivative works from, or publicly display any Content without prior written permission from NDG or the applicable third party licensor.
If you believe that any Content available through the Service constitutes copyright infringement, please notify NDG immediately of the infringing Content and provide the following information:
Your notice of claim of copyright infringement can also be sent by directing an email to email@example.com or letter to the following designated copyright agent:
Network Development Group, Inc.
Upon our receipt of a proper notice of claimed infringement, NDG will respond expeditiously to remove, or disable access to, the Content claimed to be infringing and will follow the procedures specified in the Digital Millennium Copyright Act to resolve the claim between the notifying party and the alleged infringer who provided the Content at issue.
You agree to pay NDG or its reseller fees (as specified in an online order form completed by you, or otherwise agreed by you), if any, associated with the Service. All fees paid are nonrefundable.
Unless otherwise stated, all fees are in U.S. Dollars. You are responsible for paying all administrative fees (such as PayPal fees) and applicable taxes associated with the Service and the fees. If your payment method fails or your account is past due, NDG or its reseller may collect fees owed using other collection mechanisms.
You are solely responsible for any costs and expenses you incur as a result of your use of the Service. You acknowledge and agree that NDG may later require users to pay a fee to continue to use the Service or parts thereof that are currently provided at no charge.
Some information and links associated with the Service may lead to sites posted by independent web site owners. Because NDG has no control over these sites, NDG is not responsible for such sites' accessibility via the Internet and does not endorse products, services, or information provided by such sites. As such, NDG shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with, use or reliance on any content, goods, or services available on or through any other site. Further, the inclusion of these links does not imply that the other sites have given permission for inclusion of these links, or that there is any relationship between NDG and the linked sites. Reference to other companies does not imply any partnership, joint venture, or other legal connection where NDG would be responsible for the actions of their respective owners.
You may only access the Service and related Content through the interface provided by NDG and for lawful purposes. You are solely responsible for knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Service. You are solely responsible for Content you post and your use of the Service. Without limitation of the foregoing, you agree that you will not:
Be advised that other users may violate one or more of the above prohibitions, but NDG assumes no responsibility or liability for such actions. If you become aware of misuse of the Service by any person, please contact firstname.lastname@example.org. NDG may investigate any complaints and violations that come to its attention and may take any action that NDG believes is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or Profiles. However, because situations and interpretations vary, NDG also reserves the right not to take any action. Under no circumstances will NDG be liable in any way for any data or other content on the Service, including, but not limited to, any errors or omissions in any such data or content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any data or content on the Service. If at any time you are not happy with the Service or object to any material on the Service, your sole remedy is to cease using the Service.
Nothing in these Terms shall require NDG to monitor or edit use of the Service. If at any time NDG chooses, in its sole discretion, to monitor or edit use of the Service, NDG nonetheless assumes no responsibility for anything submitted by users, no obligation to modify or remove any inappropriate Submissions and no responsibility for the conduct of any user, except as required under applicable law. NDG does not endorse and has no control over what users post or submit to the Service. You acknowledge that NDG cannot guarantee the accuracy of any information submitted by any user of the Service, nor any identity information about any user. NDG reserves the right, in its sole discretion, to reject, refuse to post or remove any User profile, posting or other data, or to restrict, suspend, or terminate any user's access to all or any part of the Service at any time, for any or no reason, with or without prior notice, and without liability. Upon any suspension or termination, NDG may retain or delete, in its sole discretion, any information or content that you previously provided. You agree that NDG has no liability whatsoever if it NDG refuses to post your Submissions or edits, restricts or removes your Submissions.
THE SERVICE AND CONTENT ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AUDIENCE, AND NON-INFRINGEMENT. NEITHER NDG, NOR ITS RESELLERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY, RELIABILITY, OR SUITABILITY OF THE CONTENT OR THE SERVICE.
NEITHER NDG NOR ANY NDG RESELLER IS RESPONSIBLE FOR ANY INFORMATION OR CONTENT CONTAINED WITHIN THE SERVICE AND MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE CONTENT OR INFORMATION CONTAINED IN THE SERVICE FOR ANY PURPOSE OR AUDIENCE OR ABOUT ITS LEGITIMACY, LEGALITY, VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS, OR CURRENTNESS.
IN NO EVENT WILL NDG, ANY NDG RESELLER, OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF NDG OR ITS RESELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF YOUR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOSS OF GOODWILL, LOST BUSINESS, LOST DATA, COMPUTER FAILURE OR MALFUNCTION. IN NO EVENT WILL NDG'S LIABILITY TO YOU EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICE IN QUESTION. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES NDG'S AND NDG RESELLERS' LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
NETLAB Professional Edition and NETLAB+ are registered trademarks of NDG. NETLAB, NETLAB Academy Edition, NDG, and Network Development Group are trademarks of NDG. All other trademarks, service marks, trade dress, and logos used or referred to in the Service are the trademarks, service marks, trade dress, and logos of their respective owners. Nothing in these Terms gives you a right to use any of NDG's trade names, trademarks, service marks, logos, domain names, and other brand features.
NDG operates the Service from its headquarters in the United States and makes no representation that the Service or the Content is appropriate or available for use in other locations. If you use the Service from other locations, you are responsible for compliance with applicable local laws, including, but not limited to, export and import regulations of other countries. Unless otherwise explicitly stated, all marketing or promotional materials for the Service are solely directed to individuals, companies, or other entities located in the United States.
You may discontinue your participation in and access to the Service at any time. These Terms will continue to apply to all past use of the Service by you, even if you are no longer using it. You acknowledge and agree that NDG may terminate, suspend or block your use of all or part of the Service if NDG believes you have breached these Terms. You agree that upon termination or discontinuance for any reason, NDG may delete all information related to you on the Service and may bar your access to and use of the Service.
In order to protect the integrity of the Service, NDG reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Service.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information submitted to NDG relating to modifying or improving the Service ("Feedback"), whether solicited or unsolicited, are non-confidential and shall become the NDG's sole property. NDG may use Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. In the event your jurisdiction does not allow rights to be transferred as described above, you hereby grant to NDG a worldwide, non-exclusive, royalty-free, perpetual license for the use of Feedback, and in the event perpetual license terms are not allowed by law, the term shall be for the longest period as allowed by applicable law.
NDG may change or supplement these Terms from time to time. When these changes are made, NDG will make a new copy of these Terms available through the Service. You understand and agree that your use of the Service after the date on which these Terms have changed constitutes acceptance of the updated Terms. If you do not agree with the changes, you should discontinue using the Service.
NDG shall not be liable for any failure or delay in the performance of its obligations due to causes beyond its reasonable control, including but not limited to war, sabotage, insurrection, riot or other act of civil disobedience, strikes or other labor shortages, act of any government affecting the terms hereof, acts of terrorism, accident, fire, explosion, flood, hurricane, severe weather or other act of God, and failure of telecommunication or internet service providers.
These Terms are entered into in the State of North Carolina and shall be construed in accordance with the laws of North Carolina, exclusive of its choice of law rules. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.
Any dispute, controversy or claim arising out of or relating to these Terms, or the breach, termination or invalidity thereof, that cannot be resolved by good faith negotiations shall be finally settled by binding arbitration conducted in the English language in Raleigh, NC (USA), under the commercial arbitration rules of the American Arbitration Association ("AAA"). The prevailing party shall be entitled to an award of reasonable attorney fees incurred in connection with the arbitration in such amount as may be determined by the arbitrator. The award of the arbitrator shall be the sole and exclusive remedy of the parties and shall be enforceable in any court of competent jurisdiction. Notwithstanding the foregoing, you agree that NDG may apply for injunctive remedies (or an equivalent type of urgent legal relief) in any court of competent jurisdiction.
In the event that any provisions of these Terms are held to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.
The failure of NDG to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision.
Both you and NDG acknowledge and agree that no partnership, agency, joint venture, or employment relationship is formed between you and NDG by your use of the Service, and neither you nor NDG have the power or the authority to obligate or bind the other.
You may not assign these Terms or assign any of your rights or delegate any of your obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without NDG's prior written consent. Any such purported assignment or delegation without NDG's prior written consent will be null and void and of no force or effect.
These Terms constitute the entire understanding between the parties pertaining to its subject matter, and any prior written or oral agreements between the parties are expressly superseded. Any FAQ's or similar documents found in connection with the Service are for informational purposes only and are not deemed to be part of these Terms.
Last Revised: January 2017