New Heights Educational Group, Inc. Terms and Conditions
Updated On: March 06, 2017
New Heights Educational Group, Inc. (NHEG) is an Ohio based organization with its home office at 14735 Power Dam Road. Since this is a home office, only scheduled appointments are allowed. NHEG is the owner and operator of the www.NewHeightsEducation.org and School.NewHeightsEducation.org websites.
The following are our Terms and Conditions, which are important and affect your legal rights, so please read them carefully. By accessing or using our websites, mobile applications or other distribution channels (collectively, the “websites”) provided now or in the future by NHEG or our staff or other partnerships and affiliates, or a Third Party that link to these Terms and Conditions, you agree to be bound by these Terms and Conditions and all of the provisions incorporated herein by reference. If you do not agree to these Terms and Conditions, you may not access or use the websites or order, receive, or use the services, programs or other products made available through the websites. As used herein, references to “we,” “us” and “our” refer to NHEG.
These do not alter in any way the terms or conditions of any other agreement you may have with us or other partners or affiliates, in respect of any programs or services. If you are using the websites on behalf of any entity, you represent and warrant that you are authorized to accept these Terms and Conditions on such entity’s behalf and that such entity agrees to be responsible to us if you or such entity violates these Terms and Conditions.
We reserve the right to change or modify these Terms and Conditions at any time and in our sole discretion. If we make changes to these Terms and Conditions, we will provide notice of such changes, such as by sending an email notification and/or providing notice through the websites or updating the “Last Updated” date at the beginning of these Terms and Conditions. By continuing to access or use the websites or enrolling, ordering, receiving or using programs or services through our websites, you confirm your acceptance of the revised Terms and Conditions and all of the terms incorporated therein. We encourage you to review these frequently to ensure that you understand the Terms and Conditions that apply when you access or use our websites or enroll, order, receive or use the Programs or Services. If you do not agree to the revised Terms and Conditions, you may not access or use the websites or enroll, order, receive or use the Program and Services through our websites.
By using the websites, you represent and warrant that you (a) are 18 years of age or older, (b) are a legal resident of your county of residence, (c) have not been previously suspended or removed from the websites, or engaged in any activity that could result in suspension or removal from the websites and (d) have full power and authority to enter into these Terms and Conditions and, in so doing, will not violate any other agreement to which you are a party. If you are under the age of eighteen (18), you may use the websites only with the involvement/permission of a parent or guardian.
3. Enrollment, Account and Communication Preferences
Certain parts of the websites may be accessed and/or used without requiring registration or logging in. However, in order to access and use certain areas or features of the websites, you will need to subscribe for an account. By creating an account, you agree to (a) provide accurate, current and
complete account information, (b) maintain and promptly update from time to time, as necessary, your account information, (c) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to us, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the websites or your account. You accept full responsibility for any authorized or unauthorized use of the websites through your account including any access and/or use by minors or adults and for any purchases made by minors or adults.
By creating/subscribing or enrolling for an account, you also consent to receive electronic communications from us (e.g., via email or by posting notices to the websites). These communications may include notices about your account (e.g., payment authorizations, password changes and other
transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in
writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, magazines, radio show announcements, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
4. Purchase of Programs/Enrollment
You may register and pay through the websites (each an “Order” and, collectively, “Orders”) for Programs, Products, and Services from NHEG that you select provided that you do not, in doing so, violate these Terms and Conditions.
4.1. Ordering Process
To purchase Programs, Products and Services, you first must subscribe/login or enroll, depending on what you are applying for, by creating an account with NHEG. Once you subscribe/login/enroll and enter and confirm your payment information with our third-party payment processor, we will send you an e-mail to acknowledge that we have received your Order. Once your payment is verified and your Order is accepted by NHEG, you will have entered into a binding contract with NHEG for the Program, Product or Service ordered.
Upon completing a transaction using the websites, you will be presented with a confirmation screen
verifying the transaction details you wish to process. It is your responsibility to verify that all transaction information and other details are correct. NHEG shall have no liability for transactions that are incorrect as a result of inaccurate data entry in the course of the use of the websites or for loss of data or information caused by factors beyond NHEG control.
Note that your Order will only be processed if your payment is successful. Successful payment means acceptance of your card by our third-party payment processor and receipt from us and payment confirmation (which may be sent by NHEG or the third party processor). We aim to have Orders processed within two (2) days of receipt. We may refuse to process an Order for any reason or refuse to provide Programs, Products or Services to anyone at any time in our sole discretion.
4.2 Third Party Payment Processor
You understand that NHEG uses a third-party payment processing (TPP) company to coordinate orders. We may change payment processors at any time and such changes may adversely affect the Programs, Products and Services. You understand and agree to not hold NHEG liable for any adverse effects that actions (whether intentional or unintentional) by our third-party processor may cause to your account. When you initiate an order it will be through the third-party processor and through its website. When you finalize and submit an order, funds will be charged to your credit card by the third-party processor.
You understand and agree that all payments and monetary transactions are handled by our third-party payment process. You agree that NHEG shall not be liable for any issues regarding financial and monetary transactions between you and any other party, including our third-party payment processor and NHEG.
You are responsible for all transactions (one-time, recurring, and refunds) processed through the websites and/or our third-party payment processor. NHEG is not liable for loss or damage from errant or invalid transactions processed with your account. This includes transactions that were not processed due to a network communication error, or any other reason. If you process a transaction, it is your responsibility to verify that the transaction was successfully processed. NHEG will not provide refunds for transactions.
4.3. Payment and Billing Information
By providing a credit card or other payment method that we accept, you represent and warrant that you are over the age of 18, are authorized to use the designated payment method and that you authorize NHEG (or our third-party payment processor) to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your order may be cancelled (and we, NHEG or our payment processor, may contact you to confirm your payment information). You must resolve any problem we encounter in order to proceed with your order. In the event you want to change or update payment information associated with your account, you can do so at any time by logging into your account and editing your payment information.
- Bank Cards
- American Express
- Cashiers Checks
- Local Checks
This may change from time to time.
4.4. Pricing and Availability
All prices are shown in U.S. currency, as determined by NHEG. Applicable taxes and other charges, if any, are additional. NHEG is responsible for setting pricing and determining whether sales or other taxes are due from you in connection with your order. NHEG reserves the right to adjust prices as it may determine at its sole discretion.
All images are for illustrational purposes only. Programs, Products and other Services may differ from those displayed.
In connection with your order, NHEG may collect applicable sales tax on Programs, Products and Services at its sole discretion. If an item is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in tax rates.
4.6. No Resale
You are not permitted to resell or otherwise use the Programs, Products or Services for commercial purposes.
4.7. Returns and Refunds
Once a payment has been made, it cannot be cancelled. Please refer to our No Refund Policy. Any disputes regarding outstanding amounts on your account must be addressed directly with NHEG.
NHEG will not be liable to you or any third party by reason of NHEG withdrawing any Program, Product or other Service from our websites, removing, screening or editing any materials or content on the websites, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
NHEG and TPP accept no responsibility for a credit card issuer’s refusal of payments.
5. License to Access and Use Our Websites and Content
Unless otherwise indicated in writing by us, the websites and all content and other materials contained therein, including, without limitation, the NHEG logos, crests and all designs, text, graphics, pictures, information, data, software, sound files, User Content, other files and the selection and arrangement thereof (collectively, “Our Content”) are the proprietary property of NHEG, its partners, affiliates, licensors or users, as applicable, and are protected by U.S. and international copyright laws.
You are hereby granted a limited, nonexclusive, nontransferable, license to access and use the websites and content. However, such license is subject to these Terms and Conditions and does not include any right to (a) sell, resell or use commercially the websites or our Content, (b) distribute, publicly perform or publicly display any content, (c) modify or otherwise make any derivative uses of the websites or our content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than the page caching) any portion of the websites or content, except as expressly permitted by us, and (f) use the websites or content other than for their intended purposes. Any use of the websites or content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in these Terms and Conditions shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights or content from NHEG or any third party, whether by implication or otherwise. This license is revocable at any time.
Among other content, if you have a NHEG enrollment or subscription with us, we may display your screen name, and we may display certain graphics (such as stars and badges) and/or text alerts (such as a description of certain actions you take, like completing a quiz) in association with your screen name. For convenience, we refer to all of these graphics and text alerts as “Badges or Advancements” in these Terms and Conditions. We may condition this display on certain actions. As an example but not a limitation, we may display a Badge noting that you completed a quiz, or display a star Badge or Advancements if you attended a NHEG offline course. NHEG has no obligation to display any content, including, without limitation, Badges and Advancements and screen names, at any location on the websites.
Badges and Advancements are graphic images. Badges and Advancements do not exist in “real life” and are not a financial instrument of any kind. They cannot be exchanged for money or any other value. You do not own Badges or Advancements associated with your account. Badges and Advancements remain the property of NHEG. NHEG maintains sole discretion to set, change, add to or delete from the process for displaying Badges or Advancements. NHEG has no liability for displaying, or not displaying, a Badge or Advancement for any or no reason. As an example and not a limitation, NHEG may limit the number of Badges and Advancement that display for an action if you repeat the same action. Macros, bots, and other automation are prohibited and may result in immediate termination of your authorization to use the websites.
Notwithstanding anything to the contrary in these Terms and Conditions, the websites and our content may include software components provided by us and our software developers or a third party that are subject to separate license terms, in which case those license terms will govern such software components.
6. Repeat Infringer Policy; Copyright Complaints
In accordance with the Digital Millennium Copyright Act and other applicable laws, we have adopted a policy of limiting access to the websites by, or terminating the accounts of, users, in appropriate circumstances and in our sole discretion, who infringe on the intellectual property rights of others. If you believe that anything on the websites infringes any copyright that you own or control, you may file a notification of such infringement with our designated agent as set forth below:
Name of Designated Agent: NHEG
New Heights Educational Group, Inc
14735 Power Dam Road
Defiance, Ohio 43512
Email: [email protected]
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. You should also note that if you knowingly make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for any damages, including, without limitation, costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
“New Heights Educational Group, Inc.,” “New Heights Educational Group, Resource and Literacy Center,” the “NHEG,” logo and any other NHEG program, product or service names, logos or slogans (“No Limits, Just Goals”) that may appear on our websites or services are trademarks of New Heights Educational Group and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any metatags or other “hidden text” utilizing “NHEG” or any other name, trademark or program, product or service name of NHEG without our prior written permission. In addition, the look and feel of the websites and our products and services, including, without limitation, all page headers, custom graphics, button icons and scripts, service marks, trademarks NHEG and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on our websites or services are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any programs, products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by such manufacturer or supplier, or by NHEG.
You are granted a limited, nonexclusive, nontransferable right to create a text hyperlink to the websites for noncommercial purposes, provided that such link does not portray NHEG or any of our programs, products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a NHEG logo, crests, images or other proprietary graphic of NHEG to link to the websites without our express written permission. Furthermore, you may not use, frame or utilize framing techniques to enclose any NHEG trademark, logos, crests or other proprietary information, including the images found on the websites or services, the content of any text or the layout or design of any page, or form contained on a page, on the websites without our express written consent.
NHEG makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the websites linking to other websites. This includes any websites maintained by our third-party payment processors or NHEG. When you link to those websites, you leave our websites. Such websites are not under our control, and we are not responsible for the contents of any linked site, any link contained in a linked site, or any review, changes or updates to such websites. Furthermore, we have no control over the business practices or policies of operators of such sites including those of our third-party payment processor. We provide these links to you only as a convenience, and the inclusion of any link does not imply our affiliation, endorsement or adoption of any websites or any information contained therein. When you leave our websites, you should be aware that our terms and conditions and policies no longer govern websites linked to ours. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from our websites. NHEG expressly disclaims all responsibility or liability for the availability or accuracy of such external websites or resources or the content therein, does not endorse and is not responsible or liable for any advertising, products, materials or services available from such websites or resources and/or any claims, representations or warranties made by third parties with respect to their goods or services. The inclusion of any link on the websites does not imply that NHEG endorses the linked site. Your use of any links is at your own risk. You further acknowledge and agree that NHEG 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 your use of or reliance on any programs, products, goods, services or materials available on or through any such link, website or resource.
9. Third Party Content
We may display content, advertisements and promotions from third parties through our websites or in connection with services (collectively, “Third-Party Content”). We do not control, endorse or adopt any Third-Party Content, and we make no representations or warranties of any kind regarding such Third-Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third-Party Content are solely between you and such third parties, and that NHEG is not responsible or liable in any manner for such interactions or Third-Party Content. This includes any Third-Party Content of our payment processing provider.
10. User Conduct
You agree that you will not violate any law, contract, intellectual property or other third-party right and that you are solely responsible for your conduct, while accessing or using our websites.
You agree that you will abide by these Terms and Conditions and, in addition, will not:
- Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
- Use or attempt to use another user’s account without authorization from such user and NHEG;
- Use the websites in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the websites or that could damage, disable, overburden or impair the functioning of our websites in any manner;
- Reverse engineer any aspect of the websites or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any content, area or code of the websites;
- Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the websites that you are not authorized to access;
- Develop any third-party applications that interact with User Content or the websites without our prior written consent;
- Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the websites, extract data or otherwise interfere with or modify the rendering of website pages or functionality; or
- Use the websites for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms and Conditions.
11. User Content
The websites may include interactive features and areas that allow users to create, post, share or store content, including, but not limited to, recipes, reviews, photos, videos, music, sound, text, graphics, code, items or other materials (collectively, “User Content”). In the event you decide to share your User Content with others through the websites or third-party platforms, you understand that this User Content will be viewable by others in accordance with the privacy settings you establish. You agree that you are solely responsible for your User Content and for your use of any interactive features and areas of the websites.
By using the interactive features and areas of the websites, you further agree not to create, post, share or store any of the following:
- User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- User Content that contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
- User Content that impersonates, or misrepresents your affiliation with, any person or entity;
- User Content that references or depicts NHEG, or our Programs, Products and Services but fails to disclose a material connection to us, if you have one (for example, if you are a NHEG employee, volunteer or paid blogger);
- User Content that contains any unsolicited promotions, political campaigning, advertising or solicitations;
- User Content that contains any private or personal information of a third party without such third-party’s consent;
- User Content that references alcohol irresponsibly, such as references to overconsumption or use by minors;
- User Content that contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
- User Content that, in our sole judgment, is objectionable or that restricts or inhibits any other person from using or enjoying the websites or services, or that may expose NHEG, our subsidiaries, partnerships and affiliates, NHEG, or others to any harm or liability of any type.
We are not responsible or liable for any User Content. Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the websites at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the websites at your sole cost and expense.
12. Rights in User Content
We do not claim any ownership interest in your User Content. However, by uploading, posting or submitting User Content to the websites or to our pages or feeds on third-party social media platforms (e.g., our Facebook page, Instagram page, LinkedIn or Twitter feed or other social media platforms), you hereby grant us a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display your User Content, in whole or in part, and your name, likeness, voice and persona in any manner or media and for any purpose whatsoever at our sole discretion, including, without limitation, for publicity, promotional, advertising, trade, business, illustration, artistic and other commercial and noncommercial purposes.
By uploading, posting or submitting User Content to us through the websites or through our pages or feeds on third-party social media platforms, you represent and warrant that (a) such User Content is non-confidential, (b) you own and control all of the rights to the User Content or you otherwise have all necessary rights to post such User Content, (c) you authorize us to use such User Content for the purposes described in these Terms and Conditions, (d) the User Content is accurate and not misleading or harmful in any manner, and (e) the User Content, and your use and posting thereof, does not and will not violate these Terms or any applicable law, rule, regulation or third-party right.
Separate and apart from User Content, you can submit questions, comments, suggestions, ideas, original or creative materials or other information about NHEG, our websites and Services (collectively, “Feedback”). Feedback is non-confidential and shall become the sole property of NHEG. We shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
14. Indemnification and Disclaimers
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless NHEG, and our respective past, present and future employees, officers, directors, contractors, consultants, suppliers, vendors, service providers, affiliates, partnerships, (and each of their officers, directors, volunteers and employees), agents, representatives, predecessors, successors and assigns (individually “NHEG,” and collectively, “NHEG Parties”), from and against all actual or alleged NHEG Party or third-party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or immature, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the websites, Content or Services, (b) any User Content you create, post, share or store on or through the websites or our pages or feeds on third-party social media platforms, (c) any Feedback you provide, (d) your violation of these Terms and Conditions, (e) your violation of the rights of another and (f) any third-party’s use or misuse of the websites or services provided to you. You agree to promptly notify NHEG of any third-party claims and cooperate with the NHEG in defending such claims. You further agree that the NHEG shall have control of the defense or settlement of any third party claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and NHEG.
If you cause a technical disruption of the websites or the systems transmitting the websites to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. NHEG reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such cases, you agree to cooperate with NHEG in the defense of such matter.
We attempt to display the services and other materials and information you view on our websites as accurately as possible. However, we do not guarantee the accuracy of such materials and information and are not responsible for any claims arising or resulting from your reliance on it. In the event of an error on our websites, in an order confirmation, in processing or delivering an order or otherwise, we reserve the right to correct such error and revise your order accordingly (including charging the correct price) or to cancel your order and issue you a refund. You further agree that the services and other materials you receive in your order may vary from the services and materials displayed on the websites due to a number of factors, including, without limitation, system capabilities and constraints of your computer, supply issues and the availability and variability of services. The websites may contain information about services that are not available in every location. A reference to a product on the websites does not imply or guarantee that it is or will be available in your location or at the time of your order.
Except for warranties provided by the manufacturer of a product, all services and the websites and content are provided on an “as is” basis without warranties of any kind, either express or implied. NHEG disclaims all other warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the websites, content and services, any warranties that arise from trade usage or custom, and any warranties that the websites or services will be free and clear from any adverse lien or security interests.
We reserve the right to change any and all content and to modify, suspend or stop providing access to the websites (or any features or functionality of the websites) and the Services at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.
16. Limitation of Liability; Release
To the fullest extent permitted by applicable law, in no event shall NHEG or any of the other NHEG parties be liable for any indirect, special, incidental, consequential, exemplary or punitive damages of any kind (Including, but not limited to, loss of revenue, income or profits, loss of use or data, loss or diminution in value of assets or securities, or damages for business interruption) arising out of or in any way related to the access or use of the websites or content or the order. Receipt or use of any service or otherwise related to these terms (including, but not limited to, any damages caused by or resulting from reliance by any user on any information obtained from us, or from mistakes, omissions, interruptions, deletions of files or emails, errors, defects, bugs, viruses, Trojan horses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to our records, programs or systems), regardless of the form of action. Whether based in contract, tort (including, but not limited to, simple negligence, whether active, passive or imputed), strict product liability or any other legal or equitable theory (even if the party has been advised of the possibility of such damages and regardless of whether such damages were foreseeable).
To the fullest extent permitted by applicable law, in no event shall the maximum aggregate liability of NHEG and the other NHEG parties (jointly) arising out of or in any way related to (a) the order, receipt or use of services purchased from the NEHG market exceed the amount paid for such services; (b) the order, receipt or use of services, or (c) access or use of the websites or content, exceed the greater of $500 or the amount you paid to us in the one (1) month period immediately preceding the date on which your claim arose. The foregoing limitations shall apply even in the event your remedies hereunder fail of their essential purpose, and the foregoing shall constitute NHEG and the other NEHG parties’ sole liability and obligation in respect hereof, regardless of the form of action, whether based in contract, tort (including, but not limited to, simple negligence, whether active, passive or imputed), strict product liability or any other legal or equitable theory.
To the fullest extent permitted by applicable law, you, on behalf of your heirs, executors, administrators, legal and personal representatives, hereby release, waive, acquit and forever discharge NEHG and the other NEHG parties from and against, and covenant not to sue any such NEHG party for, all claims you have or may have arising out of or in any way related to these terms.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer products, so this limitation may not apply to personal injury claims.
17. Modifications to the websites and services
We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the websites (or any features or parts thereof) or the provision of the programs and services at any time and without liability therefor.
18. Informal Dispute Resolution
Use of the sites is at your own risk, and no one may sue NHEG or our board members or staff for issues arising from the websites, services and programs. Any notice must be received by NHEG within 30 days.
19. Governing Law and Venue
These Terms, your access to and use of the websites and your Order, receipt and use of the Programs, Products and Services shall be governed by and construed and enforced in accordance with the laws of the state of Ohio, without regard to conflict of law rules or principles (whether of the state of Ohio or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties shall be resolved in the state or federal courts of the state of Ohio, provided that we may seek injunctive or other equitable relief to protect our content or other intellectual property in any court of competent jurisdiction. We each agree to waive all right to a jury trial in connection with any matters covered by these Terms and Conditions.
Notwithstanding anything contained in these Terms and Conditions, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the websites and to order, receive and use the Programs, Products or Services, at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amount that you have already paid to us, to the fullest extent permitted by applicable law.
If any term, clause or provision of these Terms and Conditions is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and Conditions and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms and Conditions.
The following sections will survive the expiration or termination of these Terms and Conditions and the termination of your NHEG account: all defined terms and Sections 1, 3, 4, 5 (first paragraph only), 6, 7, 8 (second paragraph only), 9 through 23.
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