NeuroLeadership Institute Education Terms and Conditions
Please note: These Training Terms and Conditions (“Terms and Conditions“) are for training programs and registration for NeuroLeadership Institute, Inc. (“NLI“) or any NLI affiliate worldwide.
1.1 “Course Commencement Date“ means the date of the Program’s first session.
1.2 “Intellectual Property“ means patents, trademarks, service marks, registered designs, applications for any of the foregoing, copyright, design rights, know-how, trade secrets, confidential information, trade and business names, and any other similar protected rights in any country.
1.3 “You/I/Participant /Participant(s)“ means an individual enrolling/participating in any NLI Program.
1.4 “the Program/Programs“ means the NLI training program in which the Participant has enrolled. Programs may include but are not limited to: BBCS Brain-Based Conversation Skills®, BBCC Brain-Based Coaching Certificate®, and CFN Certificate in the Foundations of NeuroLeadership™. For the full list of Programs, please refer to the NLI website.
1.5 “NLI Confidential Information“ includes the Program, NLI Intellectual Property, other NLI products and services, any NLI business, strategic and financial information, the existence and terms of these Terms and Conditions and any and all other information or material identified in writing prior to disclosure as confidential and proprietary to NLI or its licensors or other providers, including without limitation, any copies, translations, improvements, revisions, or embodiments of all of the foregoing.
1.6 “NLI Intellectual Property“ means the Intellectual Property embodied in or relating to the Program and NLI Materials, and any and all translations, modifications, enhancements, improvements, or corrections of or to any and all of the foregoing.
1.7 “NLI Materials“ includes but is not limited to audio, video, multimedia, any digital and printed products, and other materials for individual or group use, including without limitation, in the delivery of the Program.
- INTELLECTUAL PROPERTY RIGHTS
2.1 Ownership. Participant agrees:
- Participant acknowledges that NLI Intellectual Property are fundamental principles of NLI’s business. The Programs (and all its content including NLI Materials and NLI Intellectual Property) are for educational and informational purposes and are made available to you solely for your own use. As such, Participant may only use Programs for personal use and/or reference (such as refreshing learning). Participant may not train, coach, share, or teach any NLI Materials or NLI Intellectual Property to others.
- further Participant may not commercialize any NLI Materials or NLI Intellectual Property.
- that all rights, titles, and interest in and to NLI Intellectual Property are and shall remain the property of NLI or its licensors and Participant shall have no rights or interests therein except as set forth in these Terms and Conditions;
- that Participant will not claim or assert any right or title to any NLI Intellectual Property or attempt to wrongfully transfer such right or title to any third parties;
- that Participant is acquiring only a limited license to use the NLI Materials;
- that Participant may duplicate NLI Materials, at no additional charge, but only for Participant use in connection with the Program and only so long as all required proprietary markings are retained on all duplicated copies;
- that Participant may not under any circumstances send, share, or distribute any NLI Materials, whether obtained through an NLI online portal or e-mail, to any other persons or individuals;
- to comply with all guidelines for the use of NLI Intellectual Property (including the NLI name and logo);
- that Participant shall not remove or destroy any proprietary markings or proprietary legends placed upon or contained within the NLI Materials.
2.2 Limited License. For each item of NLI Materials received by Participant, NLI grants Participant, and Participant shall have, a non-exclusive license to use the NLI Materials solely in connection with the Program in accordance with these Terms and Conditions.
2.3 No Implied License. The license granted in these Terms and Conditions shall not be construed to confer any rights upon Participant by implication, estoppel, or otherwise as to any intellectual property not identified in these Terms and Conditions, except as otherwise implied by law to the extent necessary to use NLI Intellectual Property.
2.4 Derivative Works. Participant may not create any derivative works of NLI Intellectual Property in any form (with the exception of templates, any documentation, and/or materials intended for editing).
3.1 Treatment of Confidential Information. Except as otherwise provided hereunder, during the term of these Terms and Conditions and thereafter for the duration of the license granted herein and for five (5) years thereafter, Participant shall retain in confidence and use only for purposes of these Terms and Conditions NLI Confidential Information. For the purposes of these Terms and Conditions, all information and data that Participant is obligated to retain in confidence shall be called “Confidential Information.“
3.2 Right to Disclose. To the extent that it is reasonably necessary to fulfill Participant obligations or exercise Participant rights under these Terms and Conditions, or any rights which survive termination or expiration hereof, Participant may disclose Confidential Information to Participant legal advisors, outside contractors, and actual or prospective investors on the condition that such entities or persons agree to:
- keep the Confidential Information confidential for at least a period of five (5) years from the date of disclosure and otherwise to the same extent as Participant is required to keep the Confidential Information confidential; and
- use the Confidential Information only for those purposes for which Participant is authorized to use the Confidential Information.
3.3 Participant may disclose Confidential Information to governmental or other regulatory authorities to the extent that such disclosure (i) is necessary or desirable for the prosecution and enforcement of intellectual property rights, provided Participant is then otherwise entitled to engage in such activities in accordance with the provisions of these Terms and Conditions, or (ii) is legally required.
3.4 Exceptions. The obligation not to disclose or use Confidential Information shall not apply to any part of such Confidential Information that:
- is or becomes patented, published, or otherwise part of the public domain, other than by Participant unauthorized acts, or in contravention of these Terms and Conditions; or
- is disclosed to Participant by a third party provided that such Confidential Information was not obtained by such third party directly or indirectly from NLI; or
- prior to disclosure under these Terms and Conditions, was already in the possession of Participant, provided that such Confidential Information was not obtained directly or indirectly from NLI; or
- results from research and development by Participant that is independent of disclosures from NLI, provided that Participant has not had exposure to the Confidential Information received from NLI; or
- is required by law to be disclosed by Participant, provided that in the case of disclosure in connection with any litigation, Participant uses reasonable efforts to notify NLI immediately upon learning of such requirement in order to give NLI reasonable opportunity to oppose such requirement; or
- NLI agrees in writing may be disclosed.
3.5 Non-Disclosure. Participant agrees not to disclose to any third party the financial terms of these Terms and Conditions without the prior written consent of NLI, except to advisors, investors, and others on a need-to-know basis under circumstances that reasonably ensure the confidentiality thereof, or to the extent required by law. Without limitation upon any provision of these Terms and Conditions, Participant shall be responsible for the observance by Participant employees of the foregoing confidentiality and non-disclosure obligations, and shall indemnify NLI against any loss or damage which NLI may sustain or incur as a result of any breach of confidentiality by any of Participant employees.
4.1 Participant shall hold harmless and indemnify NLI and NLI’s agents, employees, contractors, directors, and officers from and against any and all claims, liabilities, losses, proceedings, costs, and expenses resulting from, arising out of, or in connection with any act or failure to act on Participant’s part or that of Participant agents, employees, contractors, directors, and officers in connection with or arising out of these Terms and Conditions, the delivery of the Program, or the use of any of the NLI Intellectual Property or by breach of these Terms and Conditions by Participant.
- I acknowledge that the training sessions may be personally, emotionally, and physically challenging for me and there may be occasions on which I will feel emotional challenges including frustration, annoyance, or stress. I agree that I am physically, mentally, and emotionally competent to participate.
- I will not hold NLI liable for any loss or cost or damages incurred by me (or any person related to me) in the event of mental, physical, or emotional stress or distress (or other ailment or condition) caused either directly or indirectly in relation to these training sessions. I will indemnify NLI in the event of any such claim.
5.1 Participant understands that administrators, trainers, and course participants will use Participant’s e-mail address as a means of communication during the Program. Participant also acknowledges that Participant is prohibited from e-mailing other Program Participants, existing coaches, or NLI staff with any sales or promotional material or offers and that any e-mail correspondence will be solely in the context of the Program. Should Participant receive unsolicited, non-training specific e-mails from trainers or other participants, please report immediately to Participant’s regional education consultant.
5.2 Participant agrees that NLI reserves the right to provide and release Participant student records, including training sessions, mentor calls, certification assessments, and any other related documentation, upon request, to any accrediting body including the International Coach Federation (“ICF“) for audit, accreditation, and/or application purposes, as NLI deems necessary.
5.3 GDPR & CCPA
This section is only applicable to participants located in the European Economic Area (“EEA”). In compliance with the European General Data Protection Regulation (GDPR), NLI provides specific additional rights for citizens of the European Territories such as the right to access, rectification, right to object, to complaint, erasure, and blockage. More specifically:
- the right to request information about whether and which personal data is processed by NLI, and the right to demand that personal data is rectified or amended.
- under certain circumstances, the right to request that personal data should be deleted.
- under certain circumstances, the right to demand that the processing of personal data should be restricted.
- withdraw participant consent to the processing and use of data completely or partially at any time with future application.
- have the right to obtain participant personal data in a common, structured and mechanically readable format.
- contact NLI’s data protection officer if there are any questions, comments, complaints, or requests in connection with NLI’s statement on data protection and the processing of your personal data.
- the right to complain to the responsible supervisory authority if you believe that the processing of your personal data is in violation of the legislation.
For further information on each of those rights, including the circumstances in which they apply, please see the guidance from the UK Information Commissioner’s Office (ICO) on individual rights under the General Data Protection Regulation.
This section is only applicable to participants who are residents of the state of California in the United States (“California Residents”) and only applies to personal information for which NLI is a “Business” (as defined in the CCPA).
- Identifiers: (1) sources: Participant (either directly or through a third party service), collected by the Services, business partners, service providers and payment processors; and (2) third parties: business partners, service providers and payment processors.
- Commercial information: (1) sources: Participant (either directly or through a third party service), collected by the Services, business partners and service providers; and (2) third parties: business partners, service providers and payment processors.
- Financial data: (1) sources: Participant (either directly or through a third party service), business partners and payment processors; and (2) third parties: business partners, service providers, and payment processors.
- Internet or other network or device activity: (1) sources: Participant (either directly or through a third party service), collected by the Services, business partners, service providers and payment processors; and (2) third parties: business partners, service providers and payment processors.
- Location information: (1) sources: you (either directly or through a third party service), collected by the Services, business partners and service providers; and (2) third parties: business partners, service providers and payment processors.
- Sensory information: (1) sources: Participant (either directly or through a third party service) and service providers; and (2) third parties: business partners, service providers and payment processors.
- Other information that identifies or can be reasonably associated with you: (1) sources: you (either directly or through a third party service), collected by the services, business partners, service providers and payment processors; and (2) third parties: business partners, service providers and payment processors.
Each Category is collected for the following business purposes: (i) providing the services (including without limitation maintaining your account, processing and fulfilling orders, and administering surveys); (ii) providing customer support for the services; (iii) operating the Services (including without limitation managing third party relationships and enabling usage of NLI’s service providers); (iv) communicating with you; (v) customizing the services; (vi) securing and protecting the services (including without limitation auditing the services, bug and fraud detection, debugging and repair of errors and the detection, protection and prosecution of security incidents or illegal activity); (vii) enforcing NLI’s terms and policies; (viii) complying with law; (ix) verifying your identity; and (x) other business purposes about which NLI may notify you from time to time.
Each Category is collected for uses that advance NLI’s commercial or economic interests such as: (i) promoting and advertising the Services; (iii) customizing the Services; (iv) improving NLI’s Services; (v) communicating with you about relevant offers from third parties; and (vi) other commercial purposes about which NLI may notify you from time to time.
- Your requests under CCPA. Subject to certain exceptions and restrictions, the CCPA provides California Residents the right to submit requests to a business which has collected their personal information:
- to provide them with access to the specific pieces and categories of personal information collected by the business about such California Resident, the categories of sources for such information, the business or commercial purposes for collecting such information, and the categories of third parties with which such information was shared; and
- to delete such personal information (each, a “California Request”). NLI needs certain types of information so that it can provide our Services to you. If you ask NLI to delete some or all of your information, you may no longer be able to access or use the Services.
- How to Exercise Participant Rights under CCPA
- Call toll-free 1-800-294-7501.
- E-mail email@example.com
- Request Verification. If Participant chooses to contact directly via website/e-mail/phone/in writing, you will need to provide the following:
- Enough information to identify you (e.g., your full name, address, and customer or matter reference number)
- Proof of Participant identity and address
- A description of what right you want to exercise and the information to which your request relates
- Please note that you may only make a CCPA-related data access or data portability disclosure request twice within a 12-month period.
- NLI is not obligated to make a data access or data portability disclosure if it cannot verify that the person making the request is the person about whom it collected information, or is someone authorized to act on such person’s behalf.
- Any personal information NLI collects from Participant to verify Participant identity in connection with your request will be used solely for the purposes of verification.
- NLI does not sell Participant personal information, as that term is defined based on NLI’s understanding of the CCPA and its implementing regulations. NLI does share personal information with third parties for the business and commercial purposes described in Section 2, including without limitation advertising and marketing based on users’ online activities over time and across different sites, services, and devices.
- NLI does not discriminate against participants. Participants also have the right to not be discriminated against (as provided for in applicable law) for exercising certain participant rights. NLI does not discriminate against California Residents for exercising their rights.
- THIRD PARTY PLATFORMS
7.1 Participant agrees to pay NLI the full tuition fee for the training according to the pricing agreed in the registration, unless NLI agrees to an alternative payment arrangement.
7.2 Participants understands that their enrollment is only confirmed when they have made the region-specific, non-refundable deposit to secure their registration in the program or when full payment is received. Please reach out to your Education Consultant for specific payment details for your region.
7.3 Participant understands that they are entitled to the Early Bird tuition fee only if they enroll in the training a minimum of eight (8) weeks prior to the course commencement date, and by paying the fees in full before the expiry of the early bird offer. If Participant has paid a $700 holding deposit for their Early Bird tuition fee, the balance shall be due and payable no less than three (3) days before the expiry of the Early Bird offer to ensure the fees are received on time. If Participant uses a credit card to pay for their deposit, they are aware that the same credit card shall be used to charge the remaining balance. Participant understands it is their responsibility to notify their regions at NA: firstname.lastname@example.org, APAC: email@example.com, EMEA: firstname.lastname@example.org if they wish to change the method of payment.
7.4 Participant understands that the standard tuition fee shall apply if they enroll in the course after the early bird offer expires, or if they fail to make the early bird tuition payment before the offer expires. The full, standard tuition fee is due and payable no less than thirty (30) days prior to the Course Commencement Date; if they use a credit card to pay for their deposit, they are aware that the same credit card shall be used to automatically charge the remaining balance. They understand it is their responsibility to notify their region if they wish to change the method of payment: NA: email@example.com, APAC:firstname.lastname@example.org, EMEA: email@example.com
7.5 CFN Payment Plan (applicable for those selecting installment payment options)
- Participant is aware that the Payment Plan is only available if they choose to make the agreed installments via my nominated credit card, and grant permission to NLI to deduct the agreed amount from my credit card on the specified payment due dates for each installment payment.
- Participant accepts and agrees to the 15% administration fee.
- Payment Plans are structured as two payments with the first payment due thirty (30) days prior to Course Commencement Date and final payments are due twenty-four (24) hours prior to Course Commencement Date.
8.1 Request to transfer must be made thirty (30) days prior to the Course Commencement Date of the initial registration. Requests must be sent via e-mail to NA: firstname.lastname@example.org, APAC: email@example.com, EMEA: firstname.lastname@example.org with the subject line “Transfer of [attendees name] for [Program Name] & [Program start date].“ Any transfer request made after the Course Commencement Date of the initial registration may be denied.
8.2 The following transfer fees apply: All program payments received will be applied to the new intake. For virtual programs based in North America, the transfer fee is $400. Transfers made within seven (7) days of the start date of a virtual program are subject to an additional fee of $200. Transfers from an in-person event within 10 business days will incur a fee of $1,000 USD to cover expenses already incurred. Other fees may apply. All program payments received will be applied to the new intake.
8.3 Participant is aware that any transfer request must include the Course Commencement Date for the new Program to which they wish to transfer. A maximum of one transfer request is allowed within twelve (12) months of the initial Course Commencement Date. Participant is required to pay the Program fee difference, if any, to gain admission to the transfer Program.
8.4 Participant understands that their request to transfer is not confirmed until their transfer fee payment receipt is received by the NLI Finance Department.
8.5 Participant understands that in the event that NLI needs to transfer their registration to another intake of the same course or change the schedule, there shall be no additional costs incurred to them specifically by NLI. Participant will not hold NLI liable for the change in schedule and for any subsequent costs that may occur due to the change in schedule.
- REFUNDS (WITHDRAWAL/CANCELLATION)
9.1 Participant is aware that if they withdraw their enrollment prior to the Course Commencement Date, tuition fees paid excluding the $700 non-refundable deposit amount shall be refunded.
9.2 Participant understands that if they withdraw their enrollment after the Course Commencement Date, they will not receive any refund. The Course Commencement Date means the date of the Program’s first session.
9.3 If Participant is on the Payment Plan and withdraws their enrollment after attending a minimum of one (1) class for all modules but before their total fees are paid, the full program fee becomes immediately due and payable.
9.4 Participant is aware that if they are asked to leave the training for violating any of these Terms and Conditions, they will not be entitled to any refund.
9.5 Participant understands it is their responsibility to notify the Education Consultant in their region NA: email@example.com, APAC: firstname.lastname@example.org, EMEA: email@example.com if they wish to withdraw from the course in which they have enrolled.
9.6 Participant is aware that a refund request must be sent via e-mail to the NLI Education Consultant in their region at NA: firstname.lastname@example.org, APAC: email@example.com, EMEA: firstname.lastname@example.org. They are aware that NLI will require thirty (30) business days from the day their withdrawal notice is received to process their refund.
- TRAINING AND PARTICIPANT AGREEMENTS
10.1 Participant gives NLI permission to use their e-mail and phone contact information for course related purposes. Participant is aware that a class contact sheet may be provided to all participants and trainers of the course that they attend. Participant understands that the course trainers and participants will use their contact information as a means of communication during the course and they agree to use the contact information of the other course participants only for the purpose of communication related to the training.
10.2 Participant understands that the authorized personnel of NLI has the right to remove them from the training if they engage in behavior that will compromise the learning of other participants.
10.3 As part of Participant’s registration, NLI may send communication regarding other programs/offerings.
10.4 All costs related to participating in this training program as well as any assignments are the responsibility of Participants.
10.5 NLI (or any third party service provider engaged by NLI) is not responsible for poor connectivity caused by the telecommunication or internet infrastructure of the country from which they are joining. Participant is aware that it is their responsibility to join their virtual sessions from a stable and secure telecommunications or internet service.
10.6 Participant is aware that with regards to fully virtual delivery formats, program NLI Materials provided in digital form will not be provided in hardcopies, and any preference for hard copies is the Participant’s responsibility, including but not limited, to any printing costs.
10.7 Participant is aware that no updated NLI Materials will be provided to Participant after the Course Commencement Date of the program has passed.
- COURSE COMPLETION REQUIREMENTS AND PARTIAL COMPLETION POLICY
11.1 Participant must successfully complete all components of their Education training program to receive a Certificate of Completion. Please speak to your education consultant for more information. For the full list of Programs, please refer to the NLI website.
11.2 If Participant is not able to complete the minimum attendance requirements due to an emergency, Participant is required to contact their facilitation team and education consultant to discuss a solution. Participant may receive a Certificate of Attendance for partial completion of the training program. For the full list of Programs, please refer to the NLI website.
11.3 For CFN Certificate in the Foundations of NeuroLeadership™, this includes completion of all four (4) End of Module Essays and the End of Program Essay, with a grade of 65% or higher.
11.4 For BBCS Brain-Based Conversation Skills®, a 90% attendance of all synchronous training modules and asynchronous components is required.
11.5 For BBCT Brain-Based Coaching Toolkit™, the requirements are: 90% of all synchronous training modules and asynchronous components, 100% completion of group mentoring modules and individual mentoring sessions, and passing the Performance Evaluation.
11.6 Participant is responsible for contacting NLI if he or she is unable to attend any sessions due to illness or any other emergency. Participant will be expected to complete all necessary materials and activities, and fulfill any other course obligations of the program to make up the missed content. Transferring to another cohort to catch up on missed sessions may incur a fee; please discuss this with your Education Consultant.
- PROGRAM RECORDING
Without further consideration, Participant hereby grants permission to NLI to video/audio record them as a participant of any NLI Program and they further consent to the use of all photographic images and/or recordings made of their voice and/or image, in whole or in part, for the use by NLI for the purposes of internal training/coaching, skills assessment, and Program quality assurance, as NLI deems necessary.
Participant hereby irrevocably grants NLI permission to use Participant’s voice, image, and likeness in any photograph, video, Internet site, audio recording, and in any and all of its publications, including website entries (collectively “Promotional Materials”) without payment or any other form of consideration. Participant acknowledges that these Promotional Materials will become the property of NLI and will not be returned. Participant hereby irrevocably authorizes NLI to edit, alter, copy, exhibit, publish, adapt, reproduce, modify, make derivative works, distribute, or otherwise use the Participant’s voice, image, or likeness for the purposes of publicizing or promoting NLI and/or the Programs. Participant waives the right to inspect or approve the finished product wherein the Participant’s voice, image, or likeness appears. Participant waives all rights to royalties and any other forms of compensation arising or related to the use of Promotional Materials.
- NON-DISCRIMINATION POLICY
It is the policy of NLI to ensure equal employment opportunity without discrimination or harassment on the basis of race, color, religion, sex, sexual orientation, gender identity or expression, age, disability, marital status, citizenship, national origin, or any other characteristic protected by law. NLI prohibits any such discrimination or harassment in any of its activities or operations, including but are not limited to, the recruitment and hiring of all personnel, the selection of vendors, and provision of services. All individuals are welcome to participate in NLI Programs regardless of race, color, religion, sex, sexual orientation, gender identity or expression, age, disability, marital status, citizenship, national origin, or any other characteristic protected by law. NLI is committed to providing an inclusive and welcoming learning environment for all individuals and does not tolerate any conduct by any employee, student, vendor, or any other participant that unreasonably interferes with an individual’s ability to learn in an environment free of discrimination and harassment. Any participant who witnesses or has been subjected to any discriminatory or harassing conduct is encouraged to report the incident to NLI. It is the policy of NLI to investigate such reports promptly and thoroughly. NLI prohibits retaliation against any individual who reports discrimination or harassment or participates in an investigation of such reports.
- GENERAL DISABILITY POLICY
NLI’s goal is to create an inclusive learning environment that meets the needs of each individual student by ensuring equal access to all individuals, regardless of ability or disability. NLI is committed to providing equal opportunity and reasonable accommodations to individuals with disabilities and prohibits discrimination on the basis of disability. NLI complies with all applicable federal, state, and local laws regarding disability discrimination and accommodation. For requests regarding reasonable accommodations or any questions about NLI’s disability policy, please contact request must be sent via e-mail to the NLI Education Consultant in their region at NA: email@example.com, APAC: firstname.lastname@example.org, EMEA: email@example.com.
- GRIEVANCE POLICY
NLI is committed to ensuring the equitable treatment of every person and will strive to solve all grievances in a timely and fair manner. Participants have the right to file a grievance regarding presentation/content, facility concerns, or instructor/faculty behavior. NLI will address all grievances to the best of its ability and proceed with any action, if warranted, to resolve the issue. A process for filing grievances can be found below:
- A Participant should first attempt to resolve the issue directly with the educator/instructor, staff, or participant with whom he or she has an issue. If a Participant does not feel comfortable doing this or is unable to resolve the issue directly, the Participant should submit a written grievance to request must be sent via e-mail to the NLI Education Consultant in their region at NA: firstname.lastname@example.org, APAC: email@example.com, EMEA: firstname.lastname@example.org within seven (7) business days. All written grievances submitted will be reviewed within seven (7) business days of receiving the complaint. request must be sent via e-mail to the NLI Education Consultant in their region at NA: email@example.com, APAC: firstname.lastname@example.org, EMEA: email@example.com will work with all parties involved to resolve the issue.
- If a Participant does not feel the issue is resolved adequately, a written request for an appeal should be sent to NLI for review. This appeal should include the original complaint and reason(s) the participant is unsatisfied with the resolution. Appeals will be reviewed, and a written response will be provided to the Participant within fourteen (14) business days. All appeal decisions are final.
- STATEMENT ON ETHICS, INTEGRITY, and TRANSPARENCY
As an International Coaching Federation (“ICF“) accredited provider, NLI adheres to the ICF Code of Ethics. The ICF Code of Ethics describes the ICF core values, ethical principles, and ethical standards of behavior for all ICF Professionals. NLI is committed to acting with integrity and transparency and holds itself and its participants to the highest level of integrity. NLI does not engage in manipulative or dishonest sales tactics and strives to provide a safe and ethical sales process and fair and equitable pricing for all programs to ensure access and quality of training/education.
- GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with all applicable federal, state, and local laws where an NLI entity operates, without regard to the principles of conflicts of laws thereof. In the event of any legal action to enforce or interpret these Terms and Conditions, the sole and exclusive venue for such dispute is proper in the state and federal courts for the relevant NLI entity.
- FORCE MAJEURE
NLI shall not be liable or responsible to the Participant, nor be deemed to have defaulted under or breached these Terms and Conditions, for any failure or delay in fulfilling or performing any term of these Terms and Conditions, when and to the extent such failure or delay is caused by or results from the following force majeure events (“Force Majeure Events“): (a) acts of God; (b) flood, fire, earthquake, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest; (d) government order or law; (e) actions, embargoes, or blockades in effect on or after the date of these Terms and Conditions; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages, slowdowns, or other industrial disturbances; (i) shortage of adequate power or transportation facilities; (j) public health emergencies and/or pandemic or epidemic restrictions, and (k) other similar events beyond the reasonable control of NLI as impacted by the Force Majeure Event. In the event NLI is unable to perform its obligations under these Terms and Conditions due to a Force Majeure Event, NLI shall give notice to the other party, stating the period of time the occurrence is expected to continue. NLI shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized when reasonably possible. NLI shall resume the performance of its obligations as soon as reasonably practicable after the removal of the Force Majeure Event. This Section will be in effect in all regions and countries in which NLI operates.
- SURVIVAL OF TERMS
Notwithstanding any other provision of these Terms and Conditions, the provisions of Sections 2, 3, 4, and 5 shall survive termination or expiration of these Terms and Conditions. These terms will remain regardless of borders or location and will be enforced in local jurisdiction by local laws.
Updated as of October 17, 2022