Terms and Conditions

Last update: November 2, 2023

Agreement to Terms

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and NextVision Sales Insitute, Inc. (“NVSI”, “we,” “us” or “our”), concerning your access to and use of the nv-si.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).

You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the Site and you must discontinue use immediately.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason.

We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change.

It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Site after the date such revised Terms and Conditions are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms and Conditions prior to you using the Site.

Intellectual Property Rights

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.

The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.

User representations

By using the Site, you represent and warrant that:

(1) all registration/subscription information you may submit will be true, accurate, current, and complete;

(2) you will maintain the accuracy of such information and promptly update such registration/subscription information as necessary;

(3) you have the legal capacity, and you agree to comply with these Terms and Conditions;

(4) not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site;

(5) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;

(6) you will not use the Site for any illegal or unauthorized purpose;

(7) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

Prohibited Activities

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

  • Use the Site in a manner inconsistent with any applicable laws or regulations.
  • Copy or distribute any content from the Site without permission.
  • Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  • Use the Site for any commercial purposes, including advertising or marketing.
  • Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
  • Access restricted areas of the Site.
  • Share your login credentials with anyone else.
  • Engage in any activity that could harm the website or its users, such as:
    • Data mining, data mining, data harvesting, data extracting, scraping, or any other similar activity.
    • Hacking or unauthorized access.
    • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other malicious material.
    • Spamming or sending unsolicited messages.
    • Impersonating another user or person.
    • Harassing or threatening any of our employees, clients, or other users.
    • Unauthorized framing of or linking to the Site.

User-Generated Contributions

You may create, share, or engage in various activities on the Site, such as blogs, message boards, online forums, and more, allowing you to submit content, including text, videos, images, and personal information, collectively referred to as “Contributions.” These Contributions may be visible to other Site users and on external websites. Therefore, anything you share is considered non-confidential and non-proprietary. When making Contributions, you confirm that: the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

  • Your Contributions do not violate the rights of any third party, including copyrights, patents, trademarks, trade secrets, or moral rights.
  • You own the necessary licenses, rights, consents, and permissions to use your Contributions on the Site.
  • You have obtained consent from identifiable individuals featured in your Contributions.
  • Your Contributions are accurate and not misleading.
  • Your Contributions are not promotional materials, spam, or objectionable content.
  • Your Contributions comply with applicable laws and regulations.
  • Your Contributions do not violate the privacy or publicity rights of any third party.
  • Your Contributions do not target or harm minors, promote violence, or violate any laws.
  • Your Contributions do not contain offensive comments based on race, gender, sexual preference, or physical attributes.
  • Your Contributions do not violate the Site’s terms or any applicable laws.

Any violation of these rules may lead to consequences, including the suspension of your Site privileges.

Contribution License

When you post Contributions on the Site, you grant us an extensive license to use, reproduce, and distribute your Contributions for various purposes, including commercial and advertising use. This license applies to any present or future media formats and channels. You retain ownership of your Contributions, and we are not responsible for their content. We reserve the right to edit or remove Contributions at our discretion without prior notice.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

Advertisers

We do not allow advertisers to display their advertisements and other information in any areas of the Site.

Site Management

We reserve the right, but not the obligation, to:

  • Monitor the Site for violations of these Terms and Conditions.
  • Take legal action against those who, in our discretion, violate the law or these Terms and Conditions, including reporting such users to authorities.
  • Limit access to or disable any of your Contributions if deemed necessary.
  • Remove or disable large or system-burdening files and content at our discretion.
  • Manage the Site to protect our rights and property and ensure its proper functioning.

Privacy Policy

We care about data privacy and security. Please review our Privacy Policy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms and Conditions. Please be advised the Site is hosted in the United States.

If you access the Site from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.

DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY

Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time.

Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

No Warranties

This Site is offered “as is,” with all its imperfections, and NVSI does not provide any explicit or implicit assurances or guarantees regarding this Site or the content within it. Moreover, nothing contained on this Site should be interpreted as offering guidance or advice to you.

Limitation of Liability

In no event shall NVSI, nor any of its officers, directors, and employees, be liable to you or any third-party, for anything arising out of or in any way connected with your use of this Site.  This liability, whether based on contract, tort, or any other legal basis, is expressly disclaimed. NVSI, including its officers, directors, and employees shall not be liable for any indirect, consequential, or special liability associated with your use of this Site.

Indemnifications

You hereby fully indemnify NVSI from and against any and all liabilities, costs, demands, causes of action, damages, and expenses (including reasonable attorney’s fees) that may arise from or in any way connected to your violation of any of the provisions outlined in these Terms.

Severability

If any provision within these Terms is determined to be unenforceable or invalid according to applicable law, such a finding shall not render the entire set of Terms unenforceable or invalid. Instead, the specific provision in question will be removed, without impacting the validity and enforceability of the remaining provisions within these Terms.

Variation of Terms

NVSI reserves the right to revise these Terms at its discretion. By using this Site, it is expected that you will periodically review these Terms to ensure a clear understanding of all Terms and Conditions that govern the use of this Site.

Assignment

NVSI is permitted to assign, transfer, or subcontract its rights and/or obligations under these Terms without the need for notification or consent. However, you are not permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

Entire Agreement

These Terms, including any legal notices and disclaimers contained on this Site, constitute the entire agreement between NVSI and you in relation to your use of this Site, and supersede all prior agreements and understandings with respect to the same.

Governing Law and Jurisdiction

These Terms and Conditions and your use of the Site are governed by and construed in accordance with the laws of the State of New Jersey, applicable to agreements made and to be entirely performed within the State of New Jersey, USA, without regard to its conflict of law principles.

User Data

We will maintain certain data that you transmit to the Site for the purpose of managing the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.

You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Electronic Communications, Transactions, and Signatures

By visiting the Site, sending emails, and filling out online forms, you engage in electronic communications. You consent to receive such communications and acknowledge that agreements, notices, disclosures, and other information provided to you electronically, through email or on the Site, fulfill the legal requirement for written communication.

You also agree to the use of electronic signatures, contracts, orders, and other records, as well as the electronic delivery of notices, policies, and transaction records initiated by us or through the Site. You waive any rights or legal requirements in any jurisdiction that mandate original signatures, non-electronic record storage, or non-electronic payment and credit procedures.

Contact us

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: legal@nv-si.com.

Event Terms & Conditions

Please take the time to carefully review these Event Terms & Conditions. By proceeding, you acknowledge that certain legal rights, including the right to sue NextVisionSales Institute, Inc., are waived. These terms and conditions define the agreement between you and NextVision Sales Institute, Inc. (“NVSI,” “Company,” “we,” or “us”), governing your participation in the specified NVSI event. Participation in the Event signifies your commitment to abide by these terms and our Privacy Policy, which can be found at https://www.nv-si.com/privacy-policy/. If you do not wish to be bound by these Terms and Conditions or the Privacy Policy, please do not participate in the Event.

Assumption of Risk and Release

As a condition to being permitted to participate in the Event, and in recognition of NVSI reliance hereon, you hereby agree to all the terms of the Release of Liability and Waiver of Rights set forth in Exhibit A.

Conduct at Event. You are solely responsible for your safety and behavior during the Event and must adhere to all rules and guidelines provided by NVSI or Event sponsors. Failure to comply may result in removal from the Event, and NVSI will not be responsible for any associated costs.

Photography/Video Disclaimer

By attending the Event and acknowledging these Terms and Conditions, you grant NVSI the right to use photographs or videos of you for promotional purposes without further compensation or permission. If you prefer not to be photographed or have your photo distributed, you must email the NVSI Marketing Team at marketing@nv-si.com indicating your request and provide a photograph. NVSI will use the photo for identification purposes and will hold it in confidence.

Governing Law

These terms and conditions are governed by the laws of the State of New Jersey, with exclusive jurisdiction in the state and federal courts of New Jersey. Both parties agree to this venue and waive objections to it.

Exhibit A
Release of Liability and Waiver of Rights

Assumption of Risk

When you decide to attend an Event, your choice is made with full awareness, is voluntary, and is for your personal benefit. You acknowledge that participating in the Event carries inherent risks and the potential for accidents, property damage or loss, serious personal and bodily injury, as well as the possibility of death and significant personal and financial losses. These risks may arise from your own actions, inactions, or negligence, as well as from the actions, inactions, or negligence of others, or the condition of the facilities, equipment, or vehicles. Furthermore, there may be additional risks that are not currently known to you or reasonably foreseeable. You fully understand and have given thoughtful consideration to these risks, and you willingly and freely choose to assume them.

Release From Liability

When attending the event, it is important to be aware that you are acknowledging and accepting the release and absolution of NVSI, its respective affiliates, directors, officers, managers, shareholders/members, employees, agents, and insurers, as well as all other individuals or entities involved in the Event (referred to collectively as the “Sponsor” in Exhibit A). This release encompasses any and all injuries (including death), losses, damages, claims (including those arising from negligence), demands, lawsuits, expenses, and any other form of liability, whether directly or indirectly related to your participation in the Event. This release applies, even if such liability stems from ordinary negligence, imprudent actions, omissions, or other faults on the part of the Sponsor. It’s important to note that this waiver and release does not extend to claims associated with gross negligence, intentional misconduct, or actions that may not be released by agreement under applicable law.

Indemnity

As a participant in the Event, you agree to defend, indemnify, hold harmless, and reimburse Sponsor from and for all damages, losses, costs, or expenses (including legal fees) incurred, paid, or made by Sponsor or paid by Sponsor to any person (including you or your insurers) in respect of any accident, injury (including death), loss, or property damage, however caused or resulting from, arising out of, or otherwise in connection with your participation in the Event. You also agree to reimburse Sponsor if anyone makes a claim against Sponsor in connection with your participation in the Event, including, without limitation, any accident you may be involved in or any injury, loss, or damage to you, other parties or property, however caused.

Covenant Not to Sue

By participating in the Event, you agree not to initiate any legal action against the Sponsor, including but not limited to lawsuits, claims, or demands for damages arising from injuries (including death), losses, or property damage you or others may sustain in connection with the Event. This means you cannot hold the Sponsor liable for any harm, loss, or damage, even if it is caused by the Sponsor’s negligence, wrongdoing, or omission.

Contact Us

In order to resolve a complaint regarding attendance at an Event or to receive further information regarding an Event, please contact us at: legal@nv-si.com.