NICTA User Agreement – Terms of Service

This End User License Agreement – Terms of Service (the “User Agreement”) is entered into by and between and the National Insurance Crime Training Academy, an Illinois not-for-profit Corporation (“NICTA”), with a principal place of business at 1515 W. 22nd St., Ste. 1300W, Oak Brook, IL 60523 (“NITCA”, “we”, “us” or “our”) and the party (“Company”, “User” “you”, “your” or “Client”) using NICTA’s Content (defined below). You expressly agree that by accessing NICTA’s Content, including NICTA’s website and training materials (all NITCA services website, training materials, web-based hosted products, and content collectively “Content”), you accept the terms of this User Agreement. This User Agreement governs Company’s access to and use of the Content, including materials that may be downloaded by you. This User Agreement constitutes the entire contract between you and NITCA with respect to the Content, and supersedes all prior agreements and understandings between you and us, whether written or oral. 

 

BY USING THIS WEBSITE, OR REGISTERING FOR, DOWNLOADING, ACCESSING OR USING THE CONTENT, YOU CONFIRM THAT (1) YOU HAVE READ THIS USER AGREEMENT, (2) YOU AND ANY ORGANIZATION OR ENTITY ON WHOSE BEHALF YOU ARE ENTERING IN TO THIS USER AGREEMENT AND/OR USING THE CONTENT AND/OR SERVICE, ACCEPT THE TERMS OF THIS USER AGREEMENT, AND (3) IF YOU ARE AN INDIVIDUAL, THAT YOU ARE AN EMPLOYEE OR AGENT OF THE ORGANIZATION OR ENTITY ON WHOSE BEHALF YOU ARE ACTING, AND HAVE THE AUTHORITY TO ENTER INTO THIS USER AGREEMENT ON BEHALF OF SUCH ORGANIZATION OR ENTITY.

1.         NICTA PARTICIPANT AND ASSESSMENT

User’s access and use of the NICTA Content and all rights and licenses granted in this User Agreement are conditioned upon User’s membership of the National Insurance Crime Bureau (“NICB”) or upon User’s entering into a Participant Agreement directly with NICTA.  Failure to pay User’s ongoing annual NICTA Assessment, is a material breach of this User Agreement and NICTA may exercise all available legal remedies, including immediately terminating User’s access and license to use NICTA Content. 

2.         NICTA CONTENT LIMITED LICENSE

2.1       User Limited License.  Subject to the terms of this User Agreement and in accordance with User’s NITCA Participant Agreement or User’s NICB membership, User is hereby granted a limited, nonexclusive, nontransferable, revocable license to access and use NICTA Content, as available, in accordance with this User Agreement.  NICTA may, in its sole discretion, revoke User’s license at any time for any reason.   User’s limited license does not permit User to provide access to NICTA Content to any other person or entity. 

2.2       Limited Use. User shall not copy, modify, publish, transmit, transfer, gift, sell, reproduce, create derivative works from, distribute, or disseminate NICTA Content for any reason.  User shall not store any portion of any Content, in any form, other than solely for personal reference and non-commercial use. Any other use is expressly prohibited without the prior written consent of NICTA or the party credited as the provider of such information.

2.3       No license to Use Marks.  User’s limited license does NOT constitute a license to use any NICTA or NICB service marks or trademarks.

2.4       One License Per User.  As further stipulated in paragraph 5 below, one limited license shall be granted for each registered User subject to the terms herein.

3.         INTELLECTUAL PROPERTY RIGHTS.

3.1       Ownership.  NICTA retains all rights, title, and interest including all intellectual property, copyright and trademark rights in and to all current Content and all hereafter existing revisions of and modifications to the NICTA Content.   All NICTA Content is subject to copyright or trademark by NICTA or NICB. By accessing the Content, you acknowledge NICTA’s and NICB’s ownership of the service marks, trademarks and copyrights contained in the Content and agree to comply with all applicable laws. 

3.2       Trademarks, Service Marks and Logos.  All NICTA or NICB trademarks, service marks and logos appearing in the Content are the trademarks, service marks and logos of NICTA or NICB. Any other trademarks appearing on this web site are the property of their respective owners. 

4.         CONTENT NOT LEGAL ADVICE

The Content does not contain legal opinions, is not intended to provide, and does not constitute legal advice.  No attorney-client relationship is formed by User’s access or use of the Content.  User is encouraged to seek legal advice from qualified legal counsel prior to making any decisions related to any information contained in the Content.  All warranties are expressly disclaimed elsewhere in this User Agreement.  Use of, or reliance upon, any information contained in the Content is at User’s own risk.

5.         INDIVIDUAL USER REGISTRATION

Access to Content will require User to set up and register an individual account. If registration is requested, User agrees to provide NICTA with accurate and complete registration information. Providing false information is grounds for immediate revocation of User’s limited license.  User has an ongoing affirmative duty to update NICTA of any changes to that information. Each registration is for a single individual only, unless specifically designated otherwise on the registration page. NICTA does not permit: a) anyone other than you to use the sections requiring registration by using your name or password; or b) access through a single name being made available to multiple users on a network or otherwise. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you must notify NICTA immediately.

6.         DISCLAIMER OF WARRANTIES

THE CONTENT IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NICTA EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NICTA DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS CONTAINED IN THE CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS, VIRUSES, MALWARE, RANSOMEWARE OR OTHER MALICIOUS CODE (B) ANY THIRD PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS WEB SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THE CONTENT, INCLUDING THE WEBSITE OR ANY PORTION THEREOF, (D) YOUR USE OF OR RELIANCE UPON THE CONTENT, OR (E) YOUR USE OF ANY EQUIPMENT, HARDWARE OR SOFTWARE IN CONNECTION WITH THE CONTENT.

7.         LIMITATION OF LIABILITY

NICTA SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE CONTENT INCLUDING THE WEBSITE. NICTA SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO ACCESS OR USE THE CONTENT. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED, PROVIDER’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO A REFUND OF THE AMOUNT TENDERED TO NICTA FOR ACCESS TO THE SPECIFIC CONTENT SOUGHT BY USER.

8.         THIRD PARTY CONTENT

Third party content may be accessible via links from the NICTA Content. NICTA shall not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing within NICTA’s Content. User understands that the information and opinions in the third party content is neither endorsed by nor warrantied by NICTA.

9.         INDEMNIFICATION

You agree to indemnify, defend and hold harmless NICTA, its officers, directors, employees, agents, licensors, suppliers and any third party providers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement by you.

10.       THIRD PARTY RIGHTS

The provisions of paragraphs 6 (Disclaimer), 7 (Limitation of Liability), and 9 (Indemnification) are for the benefit of NICTA, NICB and its officers, directors, employees, agents, licensors, suppliers, and any third party providers to or administrators of the Content. Each of these persons or entities shall be a third party beneficiary of this User Agreement and shall have the right to assert and enforce those provisions directly against User on its own behalf.

11.       REMEDIES FOR VIOLATIONS AND UNLAWFUL ACTIVITY

NICTA may investigate complaints or reported violations of this User Agreement and to take any action NICTA, in its sole discretion, deems appropriate including but not limited to exercising any and all legal remedies available to NICTA, including, without limitation, seeking damages, injunctive relief, or revoking Users license and blocking access to User.  Further, NICTA may report any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, IP addresses and traffic information. Not withstanding the foregoing, NICTA has no affirmative duty to duty to report unlawful activity to any agency. 

12.       NO WAIVER

NICTA’s failure or delay in enforcing any terms of this User Agreement shall not be deemed a waiver of any rights available to NICTA under the User Agreement and NICTA may thereafter enforce any term of the User Agreement without regard to the delay or prior non-enforcement. 

13.       GOVERNING LAW AND JURISDICTION

This User Agreement is governed by and construed in accordance with the laws of the State of Illinois and any action arising out of or relating to these terms shall be filed only in state or federal courts located in Illinois and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.

14.       SEVERABILITY OF PROVISIONS

This User Agreement incorporates by reference any notices contained in the Content and the Privacy Policy, and collectively constitutes the entire agreement with respect to access to and use of the Content. If any provision of the User Agreement is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

15.       MODIFICATIONS TO TERMS OF USE

NICTA reserves the right to change the terms of this User Agreement at any time. Your continued use of the Content shall constitute acknowledgment and agreement to any updated terms.  Updated versions of User Agreement will be published prominently on the NICTA website and are effective when published. You are responsible for reviewing any updated terms. Continued use of the Content after any such changes constitutes your consent to such changes.

16.       AUTHORIZED USERS ONLY

Acceptance of this User Agreement constitutes your agreement that you will not use the Content, including the Web Site in any way to engage in any unlawful activity including, but not limited to, insurance fraud, arson, mail fraud, wire fraud or vehicle theft, nor will you convey the information contained in the Web Site to any person or persons engaged in any unlawful activity including, but not limited to, insurance fraud, arson, mail fraud, wire fraud or vehicle theft. Violation of this section may result in your prosecution, either criminally or civilly.

17.       ATTORNEYS FEES AND COSTS

In the event of a dispute arising out of or related to the User Agreement or any corresponding NICTA Participant Agreement, NICTA shall be entitled to recover all attorneys’ fees and costs.