Unless otherwise stated all references in this License Agreement to “training videos” or to "videos" includes both individual videos within a series, entire series, series packages, and streaming subscription access to CBT Nuggets content. All references to CBT or CBT Nuggets shall mean CBT Nuggets, LLC, a Delaware limited liability company located at 44 Country Club Road, Ste. 150, Eugene, Oregon.
A CBT Nuggets Learner is defined as a single user license and the single user license must be connected to a named user. The email address attached to the single user license must be specifically associated solely with that individual CBT Nuggets Learner. Accounts may purchase multiple learners, and each learner is assigned a single license. Each single user license is considered a CBT Nuggets Learner, and is expressly governed by the terms of this License Agreement.
GRANT OF LICENSE. CBT Nuggets grants you a non-transferable, non-exclusive license to use the training videos contained in this package or streaming subscription access to CBT content (the "Products"), solely for internal use by your business or for your own personal use. You may not copy, reproduce, reverse engineer, translate, port, modify or make derivative works of the Products without the express consent of CBT. You may not rent, disclose, publish, sell, assign, lease, sublicense, market, distribute, or transfer the Products or use them in any manner not expressly authorized by this Agreement without the express consent of CBT. You shall not derive or attempt to derive the source code, source files or structure of all or any portion of the Products by reverse engineering, disassembly, decompilation or any other means. You do not receive any, and CBT Nuggets retains all exclusive ownership rights, title and interests in the Products, including, but not limited to ownership rights in all copyrights, trademarks, service marks, or trade secrets. The Products are copyrighted and may not be copied, distributed or reproduced in any form, in whole or in part even if modified or merged with other Products. You shall not alter or remove any copyright notice or proprietary notice or legend contained in or on the Products. You shall take all reasonable steps and precautions to ensure that your use of the Products is in strict compliance with this License Agreement. Upon your discovery and/or the request of CBT, you agree to promptly remedy any violation of this License Agreement and to provide CBT with sufficient evidence that you are in compliance with this License Agreement.
TERMINATION OF LICENSE. Once any applicable subscription period has concluded, the license granted by this Agreement shall immediately terminate and you shall have no further right to access, review or use in any manner any CBT Nuggets content. CBT reserves the right to terminate your subscription if, at its sole discretion, CBT believes you are in violation of this License Agreement or if CBT believes you have exceeded reasonable usage. Upon the occurrence of any of these termination events, no refund will be made of any amounts previously paid to CBT.
DISCLAIMER OF WARRANTY AND LIABILITY. The Products are provided to you on an "as is" and "with all faults" basis. You assume the entire risk of loss in using the products. The Products are complex and may contain some nonconformities, defects or errors. CBT Nuggets does not warrant that the Products will meet your needs, "expectations or intended use," that operations of the products will be error-free or uninterrupted, or that all nonconformities can or will be corrected. CBT Nuggets makes and user receives no warranty, whether express or implied, and all warranties of merchantability, title, and fitness for any particular purpose are expressly excluded. In no event shall CBT Nuggets be liable to you or any third party for any damages, claims, losses, expenses, liabilities or costs arising out of, incurred because of, or related to the Products and/or this License Agreement (including, without limitation, compensatory, incidental, indirect, special, consequential or exemplary damages, lost profits, lost sales or business, expenditures, investments, or commitments in connection with any business, loss of any goodwill, or damages resulting from lost data or inability to use data), including attorney fees, irrespective of whether CBT Nuggets has been informed of, knew of, or should have known of the likelihood of such damages. This limitation applies to all causes of action in the aggregate including without limitation breach of contract, breach of warranty, negligence, strict liability, misrepresentation, and other torts. In no event shall CBT Nuggets' liability to you or any third party exceed $100.00.
REMEDIES. In the event of any breach of the terms of the Agreement CBT reserves the right to seek and recover damages for such breach, including but not limited to damages for copyright infringement, trademark infringement and for unauthorized use of CBT content. CBT also reserves the right to seek and obtain injunctive relief in addition to all other remedies at law or in equity.
APPLICABILITY. The provisions of this License Agreement will prevail over any conflicting provisions in any purchase order or other document issued by you in connection with your use of the Products.
MISCELLANEOUS. This is the exclusive Agreement between CBT Nuggets and you regarding its subject matter. You may not assign any part of this Agreement without CBT Nuggets' prior written consent. This Agreement shall be governed by the laws of the State of Oregon and venue of any legal proceeding shall be in Lane County, Oregon. In any proceeding to enforce or interpret this Agreement, the prevailing party shall be entitled to recover from the losing party reasonable attorney fees, costs and expenses incurred by the prevailing party before and at any trial, arbitration, bankruptcy or other proceeding and in any appeal or review. You shall pay any sales tax, use tax, excise, duty or any other form of tax relating to the Products or transactions. If any provision of this Agreement is declared invalid or unenforceable, the remaining provisions of this Agreement shall remain in effect. Any notice to CBT under this Agreement shall be delivered by U.S. certified mail, return receipt requested, or by overnight courier to CBT Nuggets at the following address: Attn: Matthew L. Bromley, 44 Club Rd Suite 150, Eugene, OR 97401 or such other address as CBT may designate.
CBT Nuggets reserves the right, in its sole discretion, to change, modify, add, or remove all or part of the License Agreement at any time, with or without notice.
CBT Nuggets Billing Agreement
By entering into a Billing Agreement with CBT Nuggets, you authorize CBT Nuggets to use automatic billing and to charge your credit card on a recurring basis.
You agree to pay subscription charges on a monthly, semi-annual or annual term based on your subscription, under the following terms and conditions:
CBT Nuggets will charge your credit card or payment method each billing cycle (monthly, semi-annually or annually) as your subscription charges become due;
All payments are non-refundable and charges made to the credit card or payment method under this agreement will constitute in effect a "sales receipt" and confirmation that services were rendered and received;
To terminate the recurring billing process and/or arrange for an alternative method of payment, you must notify CBT Nuggets at least 24 hours prior to the end of the billing cycle;
You will not dispute CBT Nugget’s recurring billing charges with your credit card issuer so long as the amount in question was for periods prior to the receipt and acknowledgement of a written request to cancel your account or cancel individual licenses on your account.
You guarantee and warrant that you are the legal cardholder for the credit card associated with the account, and that you are legally authorized to enter into this recurring billing agreement.
You agree to indemnify, defend and hold CBT Nuggets harmless, against any liability pursuant to this authorization.
You agree that CBT Nuggets is not obligated to verify or confirm the amount for the purpose of processing these types of payments. You acknowledge and agree that Recurring Payments may be variable and scheduled to occur at certain times.
If your payment requires a currency conversion by us, the amount of the currency conversion fee will be determined at the time of your payment. You acknowledge that the exchange rate determined at the time of each payment transaction will differ and you agree to the future execution of payments being based on fluctuating exchange rates.
CBT Nuggets reserves the right, in its sole discretion, to change, modify, add, or remove all or part of the Billing Agreement at any time, with or without notice.