TERMS OF SERVICE

Acknowledgment

These are the Terms of Service governing the use of this Service and the agreement that operates between You and the Company. These Terms of Service set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms of Service. These Terms of Service apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms of Service. If You disagree with any part of these Terms of Service then You may not access the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service

Interpretation and Definitions

Interpretation

The words in which the initial letter is capitalized have meanings defined under the following conditions. The following
definitions shall have the same meaning regardless of whether they appear in singular or in the plural.

Definitions

For the purposes of these Terms of Service:

• “Affiliate” means an entity that controls, is controlled by or is under common control with a party, where
  “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for
  the election of directors or other managing authority.
• “Account” means a unique account created for You to access our Service or parts of our Service.
• “Company” (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to The
  National Institute for Social Media (referred to as “NISM” in this Agreement).
• “Country” refers to the United States.
• “Content” refers to content such as text, images, or other information that can be posted, uploaded, linked to,
  or otherwise made available by You, regardless of the form of that content.
• “Device” means any device that can access the Service such as a computer, a cell phone or a digital tablet.
• “Feedback” means feedback, comments, innovations or suggestions sent by You regarding the attributes,
  performance or features of our Service.
• Goods” refers to the items offered for sale on the Service.
• “Orders” means a request by You to purchase Goods from Us.
• “Service” refers to the Website.
• “Terms of Service” (also referred as “Terms”) mean these Terms of Service that form the entire agreement
  between You and the Company regarding the use of the Service.
• “Third-party Social Media Service” means any services or content (including data, information, products or
  services) provided by a third party that may be displayed, included or made available by the Service.
• “Website” refers to https://www.nismonline.org.
• “You” means the individual accessing or using the Service, or the company, or other legal entity on behalf of
  which such individual is accessing or using the Service, as applicable.

User Accounts

When You create an account with NISM, You must provide Us with information that is accurate, complete, and current
at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your
account with Us.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions
under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of
any breach of security or unauthorized use of Your account.

Company Products and Services

The NISM offers free accounts for users to learn more about the Company, participate in events, engage on the
Company’s blog and Job Board, and make purchases that include products and digital downloads, including courses,
continuing educational materials, and similar items. If, for any reason, You are not completely satisfied with a purchase
We invite You to review our policy on refunds and returns.

Your Order Cancellation Rights

You are entitled to cancel Your Order within 48 hours from the time of purchase for products and services that are
accessed through immediate links and 5 days for products and services that are mailed to You without giving any
reason for doing so.
The deadline for canceling an Order is 5 days from the date on which You purchased the Goods.
In order to exercise Your right of cancellation, You must inform Us of your decision by means of a clear statement. You
can inform us of your decision by:

• By visiting this page on our website: https://nismonline.org/contact-us/
• By sending us an email: [email protected]

We will reimburse You no later than 14 days from the day on which We receive the returned Goods. We will use the
same means of payment as You used for the Order, and You will not incur any fees for such reimbursement.

Conditions for Returns

In order for the Goods to be eligible for a return, please make sure that:

• The Goods were purchased in the last 7 days
• The Goods are in the original packaging if applicable
• The following Goods cannot be returned:
  • Electronic copies of books or materials

We reserve the right to refuse returns of any products or downloadable services that do not meet the above return
conditions at our sole discretion.

Returning Goods

You are responsible for the cost and risk of returning the Goods to Us. Products that are not purchased as a digital
download or digital product should be mailed to:

The National Institute for Social Media
PO Box 431
Farmington, MN 55024

Digital products and services should be returned, when possible, to the NISM via email at [email protected]. If
digital purchases did not include a downloadable component, access to purchased digital content will be suspended
immediately upon notification of cancellation/return.
We cannot be held responsible for Goods damaged or lost in return shipment. Therefore, We recommend an insured
and trackable mail service. We are unable to issue a refund without actual receipt of the Goods or proof of received
return delivery

Content

Content Restrictions

The Company is not responsible for the content of the Service’s users. You expressly understand and agree that You
are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or
any third person using Your account.
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous,
defamatory, obscene, or otherwise objectionable. Examples of such objectionable Content include, but are not limited
to, the following:

• Unlawful or promoting unlawful activity.
• Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race,
  sexual orientation, gender, national/ethnic origin, or other targeted groups.
• Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters,
  any other form of unauthorized solicitation, or any form of lottery or gambling.
• Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or
  intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications
  equipment or to damage or obtain unauthorized access to any data or other information of a third person.
• Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of
  publicity, or other rights.
• Impersonating any person or entity including the Company and its employees or representatives.
• Violating the privacy of any third person.
• False information and features.

The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content
is appropriate and complies with this Terms, refuse or remove this Content. The Company further reserves the right to
make formatting and edits and change the manner of any Content. The Company can also limit or revoke the use of
the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or
third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service
You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that
under no circumstances will the Company be liable in any way for any content, including any errors or omissions in
any content, or any loss or damage of any kind incurred as a result of your use of any content.

Content Backups

Although regular backups of Content are performed, the Company does not guarantee there will be no loss or
corruption of data.
Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed
up or that changes during the time a backup is performed.
The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the
backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the
failure to successfully restore Content to a usable state.
You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

Copyright Policy

Intellectual Property Infringement

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the
NISM’s website or external sites, including web pages, social media, or other platforms utilized by the NISM infringes
a copyright or other intellectual property infringement of any person.

If You are a copyright owner or authorized on behalf of one, and You believe that the copyrighted work has been
copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your
notice in writing to the attention of our company via email ([email protected]) and include in Your notice a
detailed description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content
is infringing Your copyright.

DMCA Notice and DMCA Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing NISM with the
following information in writing (see 17 U.S.C 512(c)(3) for further detail):

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s
  interest.
• A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page
  address) of the location where the copyrighted work exists or a copy of the copyrighted work.
• Identification of the URL or other specific location on the Service where the material that You claim is
  infringing is located.
• Your address, telephone number, and email address.
• A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright
  owner, its agent, or the law.
• A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and
  that You are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact NISM via email at [email protected]. Upon receipt of a notification, the Company will take
whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the
Service.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features, and functionality are
and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks may not be used in connection with any product or service without the prior written consent of the
Company.

Your Feedback to Us

You assign all rights, title, and interest in any Feedback You provide the Company. If for any reason such assignment
is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right
and license to use, reproduce, disclose, sub-license, distribute, modify and utilize such Feedback without restriction.

Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any
third-party websites or services. You further acknowledge and agree that the Company 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 the use of
or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services
that You visit.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever,
including without limitation if You breach these Terms of Service.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You
may simply discontinue using the Service.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any
kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its
Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether
express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability,
fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty
or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any
intended results, be compatible or work with any other software, applications, systems or services, operate without
interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be
corrected.

Without limiting the foregoing, neither the Company nor any of the company’s providers makes any representation or
warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information,
content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to
the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service,
its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses,
worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights
of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the
exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable
law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your
use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concerns or dispute about the Service, You agree to first try to resolve the dispute informally by
contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in
which you are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government
embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You
are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

You represent and warrant that (i) You are not located in a country that is subject to the United States government
embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You
are not listed on any United States government list of prohibited or restricted parties.

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted
to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining
provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms
shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the
waiver of a breach constitute a waiver of any subsequent breach.

Changes to These Terms of Service

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We
will make reasonable efforts to provide at least 30 days notice prior to any new terms taking effect. What constitutes a
material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the
revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms of Service, You can contact us:

• By visiting this page on our website: https://nismonline.org/contact-us/
• By sending us an email: [email protected]
• By calling our office: 763-200-6476
• By postal mail: The National Institute for Social Media, PO Box 431, Farmington, MN 55024