Terms of Use

By entering this page, you expressly acknowledge and agree you are entering into a legal agreement with NV BEAUTY ACADEMY, and AGREE TO BE BOUND AND BECOME A PARTY TO THIS NV BEAUTY ACADEMY TRAINING AGREEMENT.

1. Terms of Use

Customer’s use of the website used to access the training materials is governed by the Terms of Use.

2. Warranties

2.1. Power and Authority: Each party warrants to the other party that it has sufficient right and authority to enter into this Agreement, and to grant the rights and assume all their respective rights and obligations set forth herein.

2.2. Competence: Company warrants that all Training provided under this Agreement shall be provided in a competent and professional manner.

2.3. No other Warranties: THE TRAINING MATERIALS ARE FURNISHED BY COMPANY “AS IS” WITHOUT WARRANTIES OF ANY KIND. COMPANY DISCLAIMS ANY AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. ALL USE OF THE TRAINING MATERIAL IS AT THE CUSTOMER’S OWN RISK.

INTELLECTUAL PROPERTY RIGHTS.

Customer acknowledges that, all right, title and interest in the Training, as well as to Company trademarks, trade names, logos or other proprietary marks (“Company Marks”) and other intellectual and proprietary rights therein, are and at all times shall remain the sole and exclusive property of Company, and shall be subject to the terms and conditions of this Agreement. In the event Customer provides any suggestions, ideas, enhancement requests, or feedback to Company with respect to the Training, Customer agrees that Company may freely use, disclose, reproduce, license, distribute and otherwise commercialize the same in any Company product, training or service. This Agreement is not a sale and does not convey any rights of ownership in or related to the Training or the Content or any intellectual property rights owned by Company. Customer agrees to fully comply with all federal, state, and local privacy laws in connection with the Training.

General: Each party acknowledges that during the term of this Agreement it shall be entrusted with certain Confidential Information of the other party that should reasonably have been understood by the receiving party due to legends or other markings, the circumstances of disclosure or the nature of the information itself, to be proprietary and confidential (“Confidential Information”) to the disclosing party and agrees that it shall use reasonable care to protect the confidentiality thereof, using at least the same measures it would use to protect its own similar information and for a period of five (5) years after termination of this Agreement shall not (a) use such Confidential Information for any purpose except the performance of this Agreement, or (b) disclose any such Confidential Information to any person (except employees or agents on a need-to-know basis where such persons have agreed to be bound in writing to obligations of confidentiality), unless such disclosure is authorized by the other party in writing, or (c) disclose any such Confidential Information required by court or judicial order without first informing the other party and cooperating with such other party if such other party shall contest such disclosure.
Exceptions: The obligations of each party under this Section 4 (Confidentiality) shall not apply to information that (i) was in a party’s possession without confidentiality restriction prior to disclosure; (ii) was generally known in the trade or business in which it is practiced by the receiving party at the time of disclosure, or becomes so generally known after such disclosure, through no act of the receiving party; (iii) has come into the possession of the receiving party rightfully from a third party without obligation of confidentiality; or (iv) was developed by the receiving party independently of and without reference to Confidential Information.

5. Limitation of Liability

5.1. UNDER NO CIRCUMSTANCES WILL CLICKSOFTWARE OR ITS AFFILIATES OR SUBSIDIARIES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR LOSS OF DATA, GOODWILL, PROFITS, USE OF MONEY OR USE OF THE PRODUCTS, INTERRUPTION IN USE OR AVAILABILITY OF DATA, STOPPAGE OF OTHER WORK OR IMPAIRMENT OF OTHER ASSETS), ARISING OUT OF BREACH OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, EXCEPT ONLY IN THE CASE OF PERSONAL INJURY WHERE AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY.

5.2. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CLICKSOFTWARE OR ITS AFFILIATES OR SUBSIDIARIES UNDER OR IN CONNECTION WITH THIS AGREEMENT AND THE TRAINING EXCEED THE TOTAL AMOUNT ACTUALLY PAID TO CLICKSOFTWARE BY CUSTOMER FOR THE TRAINING PROVIDED HEREUNDER.

6. Governing Law and Disputes

6.1. This Agreement will be governed by, interpreted, and construed in accordance with the substantive laws of the Wisconsin, without regard to its respective conflict of laws principles..

6.2. Without limiting any of the parties rights to seek injunctive relief in any court of competent jurisdiction, any controversy or claim arising out of or relating to this Agreement or the breach of this Agreement, or the respective rights and responsibilities of the parties hereunder shall be settled by binding arbitration before a sole arbitrator administered by the American Arbitration Association in accordance with its commercial arbitration rules (the “Rules”) and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitration shall be held and the award made in the Commonwealth of Massachusetts. The decision of the arbitrator shall be final and binding on both parties. The arbitrator shall be chosen by agreement of the parties from a panel of persons with knowledge of computer software industry practices and contracts. In the event the parties cannot agree on an arbitrator, the arbitrator shall be selected from the aforementioned panel pursuant to the Rules. The parties, their representatives and participants and the arbitrator shall hold the existence, content and result of the arbitration in confidence, except to the limited extent necessary to enforce a final settlement agreement or to obtain or enforce a judgment on an arbitrator decision and award and, in the case of Company, except to the extent disclosure is deemed necessary or advisable in the opinion of the Company General Counsel under any federal or state securities laws

7. Force Majeure

Neither party shall be liable or deemed to be in default for any delay or failure in performance under this SOW or interruption of services resulting directly or indirectly from acts of God, civil or military authority, war, riots, civil disturbances, accidents, fire, earthquakes, floods, strikes, lock-outs, labor disturbances, foreign or governmental order, or any other cause beyond the reasonable control of such party.

8. Privacy Policy

Any information collected or processed pursuant to Customer’s use of the website or training materials shall be handled in accordance with Company’s privacy policy.