TERMS AND CONDITIONS
For purposes of this Agreement, the following terms shall have the following meanings:
“Training” means in-person and online workshops, seminars, webinars, courses, mentoring, events, and lectures being offered by the Nejad Institute.
“Participant” (or “You”) refers to the person who is registered for Training offered by the Nejad Institute. The Participant may be yourself and/or another person who has been registered by you. All registered participants independently of how they registered are bound by this Terms and Conditions. Therefore, you hereby agree to assume full responsibility for any other participant that you are registering for Training with the Nejad Institute.
Participants registered for Training at the Nejad Institute are agreeing to be bound by these Terms, including all the Terms and Conditions herein. These Terms are governed by the laws of the State of California.
1. Training Registration:
2. Attendance, Access & CE Requirements:
- Registration includes attendance or access for one (1) Participant to the selected Nejad Institute Training.
- Additional Participant attendance or access requires purchase of additional registrations during checkout.
- Registration is Non-Transferrable: You may not transfer, exchange, resell or redeem for cash your registration for any Training with the Nejad Institute. You further agree that registrations are personal and cannot be shared or transferred to anyone other than the original Participant’s name that was designated without prior written approval or permission by the Nejad Institute.
3. Content Restrictions, Limited Authorized Use:
- In-person Training: Participants must be present for the entire duration of the event and provide signature of attendance for each day of the Training. Only registered participants are permitted to attend.
- Online Training: Participant must watch all videos and complete all lessons, quizzes, and exams. Only registered participants are granted Limited Authorized use as detailed in Section 3 (below). Participant is not allowed to provide direct or indirect access to the Training or Copyrighted Content to anyone other than Registered Participants.
Copyrighted Content: Unless otherwise noted, all materials, including, but not limited to, articles, images, illustrations, designs, icons, photographs, videos, live lectures, course content, and audio files that are part of the Training (collectively, the “Content”) are protected by copyright and owned, controlled or licensed by the Nejad Institute or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information or restrictions contained in any Content provided by the Nejad Institute.
4. Content Reproduction:
5. Damages Fee:
- NO Content from the Nejad Institute may be copied, recorded, screen-captured, shared, reproduced, framed, republished, downloaded, uploaded, posted, transmitted, or distributed in any way.
- SHARING THE NEJAD’S INSTITUTE CONTENT IN ANY FORM IS A VIOLATION OF THIS LIMITED AUTHORIZED ACCESS AND ITS CONTENT IS OUR EXCLUSIVE PROPERTY, PROTECTED BY UNITED STATES AND INTERNATIONAL COPYRIGHT LAWS, TREATIES AND CONVENTIONS. ALL OF THIS IN ACCORDANCE WITH THE LIQUIDATED DAMAGES CLAUSE AS OUTLINED BELOW.
- Personal Use and No Recording: You acknowledge and agree that your registration to the Training offered by the Nejad Institute solely allows one Participant to view or attend the Training. You agree that by participating in or attending any online Training, you expressly agree not to record by audio, video, photograph or any other means, any portion of the Training. This includes personal use. Any course material given to the Participant (handouts, manuals, instructions) as part of the Training may not be duplicated, transmitted, shared, copied, or distributed. You also understand and agree that all written and/or electronic materials provided by the Nejad Institute in connection with online Training are protected by the copyright laws, and you agree not to use any and all such written/electronic materials in any form after the virtual event other than for your personal use. You further acknowledge and agree that violation of any of these terms will result in liquidated damages as below.
Because it would be extremely difficult and impractical to assess actual damages suffered by us in the event you default or terminate this Agreement, then as liquidated damages, and not as a penalty, you agree to be charged $10,000. This is a nonrefundable, nonreturnable Damages Fee for the breach of this contract in the form of unauthorized act of reproduction, recording, or in any way duplicating the event to which the Nejad Institute has granted you a limited access to participate. This applies to in-person event and virtual courses and seminars. In the event you incur in distribution of unlawfully reproduced material of the Nejad Institute, you agree to pay an additional $10,000 per sharing, viewing, duplication, and distribution. You hereby acknowledge having proper notice of the Nejad Institute’s full intentions to initiate an action against you in the Courts of California if you violate these terms.
6. Use and Protection:
YOU ACKNOWLEDGE AND AGREE THAT AS BETWEEN YOU AND THE NEJAD INSTITUTE, YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE CONTENT BY ANYONE USING THE INFORMATION WE PROVIDE UPON PURCHASE, WHETHER OR NOT SUCH ACCESS TO AND USE OF THE CONTENT IS ACTUALLY AUTHORIZED BY YOU, INCLUDING ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING FINANCIAL OBLIGATIONS FOR PURCHASES THROUGH THE WEBSITE) THAT MAY RESULT FROM SUCH ACCESS OR USE.
You agree to indemnify, defend and hold the Nejad Institute harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation or alleged violation of this Agreement. You also agree to hold the Nejad Institute harmless from any claim of medical malpractice brought against you in the event that any claim is made relative to your use of the information provided by Training from the Nejad Institute.
8. Subject to Change
Dates, times, locations, and structure of events are subject to change, including without limitation if any event is being offered in-person or via a remote online format.
This agreement may not be assigned to another individual or entity without express written approval of the Nejad Institute.
These terms are effective until terminated by either party. You may terminate these terms at any time by destroying all Content obtained from the Nejad Institute and all related documentation and all copies thereof, whether made under these terms or otherwise. The privileges granted to you by these terms, including the Training registration will terminate immediately without notice from the Nejad Institute if, in the Nejad Institute’s sole discretion, you fail to comply with any provision of these terms. The Nejad Institute may take such further action as the Nejad Institute determines to be appropriate under the circumstances to eliminate or preclude repeat violations, and the Nejad Institute shall not be liable for any damages of any nature suffered by any Participant, or any third party resulting in whole or in part from the Nejad Institute’s exercise of its rights under these terms and conditions.
THE CONTENT IN THE TRAINING IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE NEJAD INSTITUTE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE NEJAD INSTITUTE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE TRAINING CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
YOU ACKNOWLEDGE THAT YOU ARE NOT RELYING UPON ANY WARRANTIES, PROMISES, GUARANTEES OR REPRESENTATIONS MADE BY THE NEJAD INSTITUTE OR ANYONE ACTING OR CLAIMING TO ACT ON BEHALF OF THE NEJAD INSTITUTE UNLESS IT IS IN WRITING AND MADE A PART OF THIS AGREEMENT. ALL ADVERTISING MATERIAL AND ALL PRIOR REPRESENTATIONS OR AGREEMENTS, IF ANY, WHETHER ORAL OR WRITTEN, ARE HEREBY SUPERSEDED BY THIS AGREEMENT. THIS AGREEMENT CONTAINS THE ENTIRE UNDERSTANDING AND AGREEMENT BETWEEN YOU AND THE NEJAD INSTITUTE. NO SALESPERSON OF THE NEJAD INSTITUTE OR ANY OTHER AGENTS HAVE AUTHORITY TO MODIFY THE TERMS OF THIS AGREEMENT.
12. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE NEJAD INSTITUTE BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE ATTENDANCE, OR THE INABILITY TO ATTEND, THE TRAINING EVEN IF THE NEJAD INSTITUTE OR A NEJAD INSTITUTE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE NEJAD INSTITUTE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE TRAINING.
These terms shall be governed by and construed in accordance with the laws of the State of California. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Los Angeles County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. You agree that regardless of any law or statute to the contrary, any claim or cause of action arising out of or relating to the Training and these Terms of Service must be filed within one (1) year of the date the cause of action arose or be barred as untimely. This is the entire Agreement between us relating to the subject matter herein and shall not be modified except as provided herein or in writing, signed by THE NEJAD INSTITUTE. To the extent that anything in or associated with the Training is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. THE NEJAD INSTITUTE’S failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.