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The following describes the terms on which Nuclear University offers you access to our services.
Welcome to Nuclear University (NU). By using the services on the NU website you are agreeing to the following terms, including those available by hyperlink and the general principles for the websites of our subsidiaries and affiliates.
Before you may take part in the services offered by NU, you must read and accept all of the terms and conditions in, and linked to, this User Agreement and the Privacy Policy. We strongly recommend that, as you read this User Agreement, you also access and read the linked information. By accepting this User Agreement, you also agree that your use may be governed by separate user agreements and privacy policies.
This Agreement is effective immediately for current users, and upon acceptance for new users.
While using NU, you will not:
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post content or items in an inappropriate category or areas on our sites and services; |
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violate any laws, third party rights, or our policies; |
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use our sites or services if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our sites; |
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fail to deliver payment for services or classes purchased by you;
circumvent or manipulate our fee structure, the billing process, or fees owed to NU;
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post false, inaccurate, misleading, defamatory, or libelous content (including personal information); |
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take any action that may undermine the feedback systems transfer your NU account (including feedback) User ID or password to another party without our consent; |
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distribute or post spam, chain letters, or pyramid schemes; |
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distribute viruses or any other technologies that may harm NU, or the interests or property of NU users; |
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copy, modify, or distribute content from the NU site; |
NU, and our community of instructional providers, work together to keep our sites and services working properly. Please report problems, offensive content, and policy violations to us.
Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our website, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.
Searching NU job-board and participating in forums on NU is free. We do charge fees for using other services, such as advertising, posting jobs, and taking classes. When you list an item or use a service that has a fee you have an opportunity to review and accept the fees that you will be charged, which may change from time to time. Changes to that Policy are effective after we provide you with at least thirty days' notice by posting the changes on the NU site. We may choose to temporarily change the fees for our services or new services, and such changes are effective when we post the new service on the sites.
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, and retaining collection agencies and legal counsel.)
When you provide NU online instructional content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to use of the content at our discretion now or in the future.
You will not hold NU responsible for other users' actions or inactions. Further, we cannot guarantee continuous or secure access to our services, and operation of the sites may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our sites and services. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the month prior to the action giving rise to the liability, or (b) $100.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
You agree that you will not:
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take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; |
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copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the sites without the prior expressed written permission of NU and the appropriate third party, as applicable; |
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interfere or attempt to interfere with the proper working of the sites or any activities conducted on the sites; or |
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We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the NU Privacy Policy We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices.
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
If a dispute arises between you and NU, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and NU agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below at NU's discretion. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
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- This Agreement shall be governed in all respects by the laws of the State of Tennessee as they apply to agreements entered into and to be performed entirely within Tennessee, without regard to conflict of law provisions. You agree that any claim or dispute you may have against NU must be resolved by a court located in Tennessee, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Tennessee for the purpose of litigating all such claims or disputes. |
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- For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. |
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Improperly Filed Claims - All claims you bring against NU must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, NU may recover attorneys' fees and costs, provided that NU has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim. |
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If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
We may amend this Agreement at any time by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. Additionally, we may notify you through the NU forums. This Agreement may not be otherwise amended except in a writing signed by you and us. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content License, Liability, Indemnity and Resolution of Disputes.
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