NBI Terms of Use

NBI, Inc., a not-for-profit corporation ("NBI", "we", "us", or "our") provides practical, skill-based Continue Legal Education ("CLE") and continuing education seminars and online courses for legal and accounting professionals ("Services"). NBI owns and operates the websites www.nbi-sems.com and www.ipe-sems.com (each a "Site" collectively the "Sites"). Each Site, together with all Content, functionality, mobile websites, microsites, applications and Services offered on or through a Site, are herein collectively referred to as the "Platform".

We provide you with the ability to access and use our Sites and certain complimentary Services provided you comply with these Terms of Use ("Terms"). We ask that you carefully read these Terms prior to using our Platform. By accessing and using the Platform, you are entering into a binding agreement with NBI.

If you do not agree to comply with these Terms, you should not use the Platform.

ARBITRATION NOTICE; CLASS WAIVER; WAIVER OF TRIAL BY JURY. THESE TERMS CONTAIN A PROVISION REQUIRING YOU TO RESOLVE DISPUTES BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. YOU AGREE THAT ALL DISPUTES BETWEEN NBI AND YOU WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

1. UPDATES

We may update these Terms from time to time. We will display on our Sites or otherwise notify you when we update these Terms. Your continued use of the Platform after we revise these Terms means you accept those updated Terms. Please check these Terms periodically for updates.

2. DATA PRIVACY

We collect certain data, including personal information when you use the Platform, including in connection with your seminar and online course attendance. We treat that information as described in our Privacy Policy Our Privacy Policy describes our data collection, use, and sharing practices.

3. OWNERSHIP OF CONTENT

The Platform contains certain data, text, information, charts, images, graphics, videos, audio, software, software applications, and API's and incorporate certain designs, functionality, compilations, look and feel and arrangements developed by or for NBI (collectively the "Content"). Content does not include User Content. NBI is the sole and exclusive owner or has the rights necessary to use such Content on the Platform, including all related intellectual property rights, such as rights in copyright, trademark, patent and trade secret laws.

In addition, the Content contains NBI's trademarks, service marks, logos and trade names, all of which are the exclusive property of NBI and cannot be used without our prior written permission.

Except for the limited right to use the Platform set forth in these Terms, all rights, title and interest in the Platform and Content, in all languages, formats and media throughout the world, including all copyrights and trademarks, are and will continue to be the exclusive property of NBI and its contributors.

4. PERMITTED USE OF SITES AND CONTENT

Subject to your acceptance of and compliance with these Terms, we grant you the limited right to use the Platform, including the free portions of the Services, for your noncommercial personal use. Those may include seminars, recorded programming, publications, and program materials. We reserve the right to bar, restrict, suspend or terminate any of your access to the Platform. We reserve any rights in the Platform and Content not explicitly granted in these Terms.

If you use the Services, you may receive an affidavit for CLE purposes after you attend or participate in self-study/home study courses, live events, live webcasts, video/audio replays or downloadable Content.

5. RESTRICTIONS ON USE OF THE PLATFORM

In accessing and using the Platform, you may not:

1. Copy, download, store, publish, transmit, transfer, sell or otherwise use the Sites, the Content, or the Services in whole or part, in any form or by any means except as expressly permitted by these Terms.
2. Store or use downloaded Content in an archival database or other searchable database.
3. Modify, copy, distribute, transmit, translate display, perform, reproduce, publish, license, create derivative works from, decompile, reverse engineer, transfer, or sell any of the Content featured or displayed on the Sites or within the Services for any purposes without our prior written consent.
4. Use the Sites, the Content, or the Services for any illegal purpose, interfere with the operation of the Sites, interfere with the use of the Sites by others or introduce malware into the Sites.
5. Sell, license, or distribute any Content or any of its derivatives for use by any third parties.
6. Use the Sites, the Content, or the Services for any commercial purpose.

6. JURISDICTION LIMITATIONS

We administer and operate the Sites and the Services from Altoona, Wisconsin, USA. However, the Services and/or certain portions, software and features available through the Services may be hosted at other locations in the United States or outside of the United States by third party service providers. Although the Platform, or portions thereof, may be accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Platform may be available to all persons or in all geographic locations, or appropriate or available for use outside the United States. We reserve the right to limit, in our sole discretion, the provision and quantity of any feature, product or service to any person or geographic area, or jurisdiction. Any offer for any feature, product or service made on or through the Platform is void where prohibited by applicable law.

7. NO LEGAL OR REGULATORY ADVICE PROVIDED; NO ATTORNEY-CLIENT RELATIONSHIP

NBI provides the Content available on the Sites and in the Services for informational, educational and research purposes only. We try to keep the Content current and accurate, but the Content changes frequently. NBI does not provide legal advice, and the Content and the Services are not a substitute for legal advice or legal ethics compliance. You should not rely upon the Content or the Services for those purposes.

We do allow you to use the Platform as a courtesy to track your CLE credits. You may receive CLE credits for a particular session in a particular state when you participate in our seminars. However, it is your sole and exclusive obligation to confirm this information is correct, that it has been properly reported to the regulators for the states in which you are licensed to practice and to complete your CLE obligations.

NOTHING CONTAINED IN THE PLATFORM CONSTITUTES LEGAL OR PROFESSIONAL LICENSING ADVICE. THE SITES, SERVICES, AND CONTENT ARE NOT A SUBSTITUTE FOR LAWYERS' OR ORGANIZATIONS' INDEPENDENT PROFESSIONAL JUDGEMENT.

REGISTERING OR CREATING AN ACCOUNT WITH, OR THE USE OF, THE PLATFORM DOES NOT CONSTITUTE AN ATTORNEY-CLIENT RELATIONSHIP OR A SOLICITATION FOR THE FORMATION OF AN ATTORNEY-CLIENT RELATIONSHIP. NO USE OF THE PLATFORM, NOR ANY INFORMATION PRESENTED OR COMMUNICATION SENT IN CONNECTION WITH THE PLATFORM SHALL CREATE AN ATTORNEY-CLIENT RELATIONSHIP, AND ANY SUCH COMMUNICATION WILL NOT BE TREATED AS CONFIDENTIAL.

8. ACCOUNT INFORMATION; AUTHORIZED USERS

To reach certain Content and Services on the Platform, you will be required to set up an account or subscribe to certain features or benefits, including creating a unique username and password or providing certain personal information. By joining, subscribing or submitting information to NBI on or through the Platform, you expressly agree to (a) treat your login and password information with the same care as other confidential business information; (b) supervise and be responsible for any use of your account; and (c) promptly change your login information and notify NBI if you believe that an unauthorized person has access to your login information.

Furthermore, by joining, registering, subscribing or submitting contact information to NBI on or through the Platform, you expressly grant NBI or its third-party service providers the right to communicate with you via e-mail, mail, fax, text, phone call or via other contact information you provide. If you no longer wish to receive such communications, you may opt-out by notifying us at NBI is located at 1218 McCann Drive, Altoona, WI 54720.

9. SITE UNAVAILABILITY

The Platform may be unavailable or limited for various reasons, and we shall not be liable to you for any such unavailability, including without limitation (a) hardware, software, server, network, or telecommunications failures, (b) severe weather, war, riot, act of God, pandemics, quarantines, fire, earthquake, strike, labor shortage, etc., (c) regulatory restrictions and other acts of government, (d) interruptions due to utility and power companies, and (e) interruptions due to hacking or other malicious intrusion.

10. DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NBI MAKES NO WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY OR AVAILABILITY OF THE PLATFORM. NBI DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL NBI BE LIABLE FOR ANY CLAIMS, LOSSES, OR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SITES, THE SERVICES AND/OR THE CONTENT, OR ANY LINKED SITE.

IN NO EVENT SHALL YOU BE ENTITLED TO SEEK ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER OR NOT THERE IS NEGLIGENCE BY NBI OR WHETHER OR NOT NBI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WITH REGARD TO THE SITES, THE CONTENT OR THE SERVICES.

TO THE FULLEST EXTENT PERMITTED BY LAW, IF YOU HAVE A CLAIM AGAINST NBI WHICH ARISES OUT OF OR IS OTHERWISE RELATED TO YOUR USE OF THE PLATFORM, THEN IN NO EVENT SHALL THE AGGREGATE LIABILITY OF NBI TO YOU BE MORE THAN THE GREATER OF: (A) THE AMOUNT YOU HAVE ACTUALLY PAID NBI IN THE PRECEDING TWELVE MONTHS FOR PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THE SITES OR (B) $100.

11. LIMITATION ON TIME TO FILE CLAIMS

EXCEPT AS PROHIBITED BY APPLICABLE LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS, THE SITES, THE CONTENT OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

12. INDEMNIFICATION

Except as otherwise expressly provided in the Subscription Agreement, to the maximum extent permitted by law, you agree to defend, indemnify and hold harmless NBI and its respective officers, directors, owners, agents, employees, affiliates, licensees and licensors, from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Sites, the Content or the Services in violation of any of these Terms or applicable law.

13. ARBITRATION AGREEMENT; CLASS WAIVER; WAIVER OF TRIAL BY JURY. PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH NBI ON AN INDIVIDUAL BASIS AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

1. Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity hereof, including the determination of the scope or applicability of these Terms to arbitrate (hereinafter, collectively, the "Dispute"), which cannot be resolved informally, shall be resolved by binding arbitration on an individual basis under the terms set forth below (the "Arbitration Agreement"). The arbitration shall be administered by the Judicial Mediation, Arbitration and ADR Services ("JAMS") pursuant to its Streamlined Arbitration Rules & Procedures before a single arbitrator. The place of arbitration shall be in Hennepin County, Minnesota, unless otherwise agreed to in writing by all parties to the arbitration.
2. The decision of the arbitrator will be final and binding and will not have precedential effect. The arbitrator shall not have the authority to award damages outside of those set forth in these Terms. Any final award or judgment may be filed and enforced in any court of competent jurisdiction. The parties shall share equally in the costs assessed for the arbitration, and each party shall bear its own attorneys' fees and costs, unless the arbitrator determines that your claims were improper or frivolous, in which case the arbitrator may require you to reimburse us for certain fees and expenses. Any arbitration proceeding may not be consolidated or joined with any other proceeding and will not proceed as a class action.
3. Notwithstanding anything to the contrary however, NBI and you each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's intellectual property rights. The institution of any action for injunctive relief shall not constitute a waiver of the right or obligation of any party to submit any claim seeking relief other than injunctive relief to arbitration.
4. The parties understand that they would have had a right or opportunity to litigate disputes through a court, to have a judge or jury decide their case, and to participate in a class action or other proceeding involving multiple claimants, but they instead choose and agree to have all disputes as set forth herein decided through individual arbitration.
5. The parties acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce, and the Federal Arbitration Act, 9 U.S.C. Sections 1-16, shall govern the interpretation, enforcement and proceedings pursuant to this Arbitration Agreement. The parties expressly agree that any and all actions taken under the Arbitration Agreement and related provisions, including but not limited to all filings, orders, judgments, and awards made in any arbitration proceeding, are confidential and may not be disclosed to any third party,
6. This Arbitration Agreement provision will survive the termination of these Terms.
7. Subject to applicable law, any claim by you arising in connection with these Terms, the Sites, or your purchase of products or services must be commenced by you within one (1) year of the accrual of a claim.
8. If we modify this arbitration provision, you may reject that change by sending us written notice within thirty (30) days of our posting of the change, in which case we will terminate your Account(s) and you must stop using the Sites.
9. If you wish to opt out of this Arbitration Agreement, you must, within forty-five (45) days of first using a Site, send a letter stating "Request to Opt Out of Arbitration Agreement" to: 1218 McCann Drive, Altoona, WI 54720.
10. If any provision of this Arbitration Agreement is found unenforceable, the unenforceable provisions will be severed, and the remaining arbitration terms will be enforced.

14. TERM AND TERMINATION

These Terms take effect the first time you access the Platform. Your failure to comply with these Terms automatically revokes your authorization to use the Platform and terminates all rights granted to you under these Terms. Your obligations to us, our affiliates and our respective third-party service providers relating to your use of the Platform or products purchased on or through the Platform prior to termination shall continue after termination.

15. USER CONTENT; PHOTOGRAPH AND VIDEO RELEASE

Users may use the Platform to post or otherwise make available content, including, but not limited to, photos, reviews, or ratings ("User Content"). By submitting User Content, you acknowledge, represent, and warrant that you own or have the legal rights for submitting the User Content. You hereby grant NBI, our affiliates, and third-party service providers who provide hosting and content management services the perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, and transferable right and license to use your User Content to reproduce, distribute, combine, create derivative works of, display, adapt, and perform User Content for any purpose in any media now or hereafter known. We reserve the right to reject submission of, delete or remove any User Content on the Platform for any reason.

You agree that you will not post User Content that:

1. Is false or misleading;
2. Is libelous, harassing, abusive, obscene, vulgar, sexually explicit, inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic, or otherwise unlawful;
3. encourages the use of any product that is contrary to any instructions or warnings related to the product;
4. violates the intellectual property rights of any person;
5. include any third-party personal information or depiction without that third party's consent;
6. includes unsolicited business advertisements; or
7. otherwise violates these Terms.

You assume sole responsibility of the User Content that you post to the Platform. We shall not be liable in any way for User Content or for any loss or damage of any kind incurred as a result of the use of User Content.

You hereby grant us permission to the rights of your image, likeness, and sound of your voice as recorded on audio or video when attending a seminar or online course without payment or any other consideration. You understand that your image may be edited, copied, exhibited, published or distributed and waive the right to inspect or approve the finished product wherein your likeness appears. Additionally, you waive any right to royalties or other compensation arising or related to the use of your image or recording. There is no time limit on the validity of this release nor is there any geographic limitation on where these materials may be distributed.

16. THIRD-PARTY WEBSITES

The Sites main contain links to certain third party websites for convenience. These Terms do not apply to any website owned or operated by any third party, even if (1) such third party links to a website owned by us or (2) the Platform links to that third party website. NBI does not endorse the content found on such third-party websites. Accordingly, these Terms do not apply to the practices of any third party, affiliate, or business partner that we do not own or control. If you access any of the third-party websites linked to, or which link to Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites, including the privacy policies of such websites.

17. THIRD PARTY MATERIALS

NBI does not endorse any of the viewpoints contained in any seminar, recording, publication or material expressed in or accompanying a seminar. Those viewpoints are solely those of the contributors and/or faculty.

18. NO USE BY MINORS

The Sites and the Services are not offered to or marketed to children under the age of eighteen (18). If you are under 18, you may not browse or use the Platform.

19. FORCE MAJEURE

NBI's performance under these Terms is subject to interruption and delay due to causes beyond its reasonable control, such as acts of God, acts of any government, war or other hostility, civil disorder, the elements, pandemic, endemic, power failure, equipment failure, industrial or labor dispute, inability to obtain necessary supplies, and the like.

20. COMPLIANCE WITH LAWS

When you use the Platform, you are responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions, including all applicable rules regarding online conduct.

21. DIGITAL MILLENNIUM COPYRIGHT ACT POLICY

We respect the intellectual property rights of others, and we ask that you do the same. The Digital Millennium Copyright Act (the DMCA), located at 17 U.S.C. § 512, provides a method of recourse for copyright owners who believe that material appearing on the Internet infringes their rights under US copyright law.

If you are a copyright owner and believe content on the Platform infringes upon your copyright, you may request that we remove that infringing content from the Platform. If you are a copyright owner and believe that we have removed your work by mistake or misidentification, you may respond by sending us a counter-notice. Please send your notice to our DMCA agent at:

NBI, Inc.
Attn: DMCA Designated Agent: Allison Schindler
1218 McCann Drive, Altoona, WI 54720
Email: allison.schindler@nbi-sems.com

Your notice (or counter-notice) must include the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works on the Platform.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled (or for counter-notices, identification of the material that you in good faith believe was removed as a result of a mistake or misidentification), and information reasonably sufficient to permit us to locate the material.
4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the person providing notice is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We will promptly investigate any claims of copyright infringement upon receipt of a notice or counter-notice. We will only respond to notices and counter-notices that comply with applicable law. If we receive a valid notice of alleged copyright infringement, we will remove the materials and take reasonable steps to contact the owner of the removed materials so that the owner is given the opportunity to respond with a counter-notice.

It is our policy to terminate repeat infringers' use of the Platform, such as by terminating or disabling accounts (if applicable).

22. NOTICES

Notices to you: We may provide any notice to you under these Terms by (i) sending a message to the email address you provide or (ii) by posting to the Platform. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

Notices to us: To give us notice under these Terms, you must contact us by personal delivery, overnight courier, or registered or certified mail to 1218 McCann Drive, Altoona, WI 54720. We may update the address for notices to us by updating these Terms. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

23. GOVERNING LAW; VENUE; JURISDICTION

These Terms shall be governed by the laws of the State of Wisconsin, U.S.A. without regard to its conflicts of law provisions. The parties agree that the state and federal courts sitting in Altoona, Wisconsin will have exclusive jurisdiction over any claim arising out of these Terms and each party consents to the exclusive jurisdiction of such courts and waive any objection as to personal jurisdiction, venue, or forum non conveniens.

24. MISCELLANEOUS

1. Translations. Any translation of these Terms of Use and/or the User Terms is done for local requirements and in the event of a conflict between the English and any non-English versions, the English version of these Terms shall govern.
2. Severability. If any provision of these Terms of Use and/or the User Terms, or any portion thereof, is found to be unenforceable, it shall be enforced to the maximum extent permissible so as to affect the intent of these Terms, and the rest of these Terms shall remain in full force and effect.
3. Reservation of Rights. The Sites and its Content are provided as a courtesy. We reserve the right to modify or discontinue offering access to the Sites or the Content at any time.
4. Entire Agreement. These Terms of Use supersede and cancel all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding your use of the Sites, the Content, or the Services.

25. HOW TO CONTACT US

If you do not understand any of the Terms or if you have any questions or comments, we invite you to contact us with questions or comments regarding these Terms by email at or calling us at

Email: customerservice@nbi-sems.com

Phone: (800) 930-6182