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These Terms of Use (the “Terms”) are a legally binding agreement between you (the “User”) and Nightlight Security Consultants, LLC (“NSC”) which governs your access to and use of the following materials:
For purposes of these Terms, "Artificial Intelligence" includes any software, service, application, or automated technology capable of generating, analyzing, summarizing, translating, transcribing, or creating content using NSC materials. User may not upload, submit, or otherwise provide NSC course materials to any third-party artificial intelligence platform except for User's personal, non-commercial use that does not copy, distribute, reproduce, or disclose substantial portions of the Services or otherwise violate these Terms.
By accessing, registering for, or using the Services, you agree to be legally bound by these Terms and all applicable laws, rules, and regulations, and you consent to the collection and use of information as described in NSC’s Privacy Policy.
NSC provides education and training related to hospitality security, venue operations, alcohol service, conflict de-escalation, crowd management, use of force, emergency response, workplace violence prevention, active assailant awareness, conflict management, and related hospitality security operation subjects. The Services are designed and offered solely for educational and informational purposes.
NSC does not provide legal advice or guarantee compliance with applicable laws or regulations. NSC does not guarantee any outcomes under the circumstances of your venue or event, and it does not guarantee the prevention of violence, injury, death, property damage, lawsuits, criminal conduct, or claims. NSC does not provide onsite supervisors or law enforcement services.
Because security incidents, crowd behavior, and workplace conflicts involve variables beyond NSC’s control, User remains solely responsible for safety and security planning, decisions, and conduct on User’s site.
Completion by User of any NSC course, or issuance by NSC of any certificate to User, indicates satisfaction of LMS criteria. Completion does not constitute professional licensing, legal authorization, or assurance of regulatory compliance.
The Services are provided on an "AS IS," "AS AVAILABLE," and "WITH ALL FAULTS" basis. To the fullest extent permitted by applicable law, NSC disclaims all warranties, representations, and guarantees of any kind, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, completeness, reliability, availability, uninterrupted access, security, or error-free operation.
NSC does not warrant that the Services will meet User's specific needs or expectations, that the Services will operate without interruption, delay, or error, that defects will be corrected, or that the Services or servers are free of viruses or other harmful components. User assumes all risks arising from the use of the Services and any reliance upon information or materials provided through the Services.
NSC makes reasonable efforts to maintain the availability and functionality of the Services but does not guarantee that the Services will be available at all times or operate without interruption, delay, or error. Access to the Services may be suspended, limited, or interrupted due to scheduled maintenance, emergency maintenance, software updates, system failures, internet or telecommunications outages, cybersecurity incidents, third-party service provider disruptions, or other events beyond NSC's reasonable control.
NSC reserves the right to modify, suspend, restrict, or discontinue any portion of the Services at any time, with or without notice, for maintenance, security, operational, legal, or business purposes. NSC shall not be liable for any loss, delay, interruption, or inability to access or use the Services resulting from any such event.
NSC continually updates and improves its training programs, course content, technologies, and Services. Accordingly, NSC reserves the right, at any time and in its sole discretion, to modify, revise, update, replace, suspend, discontinue, or remove any portion of the Services, including course content, instructional materials, videos, assessments, certifications, features, functionality, pricing, or availability, with or without notice.
NSC may modify the Services to reflect changes in applicable laws, regulations, industry standards, best practices, technological advancements, business operations, or educational objectives. User acknowledges that course content, completion requirements, certification criteria, and regulatory information may change over time.
Except where expressly required by applicable law or a separate written agreement, NSC shall not be liable for any modification, suspension, discontinuation, or removal of any portion of the Services, nor shall such modification entitle User to any refund, credit, or other compensation.
Individual registrants must be at least eighteen (18) years old to create an account or purchase Services. NSC reserves the right to refuse access to any person or entity in its sole discretion.
Employer registrants who purchase the Services on behalf of an organization accept responsibility for all assigned Users, including maintaining accurate records, monitoring access, and verifying regulatory compliance. NSC may rely upon employer-provided information without independent verification.
User is solely responsible for maintaining the accuracy of personal information used for registration and confidentiality of login credentials. User is responsible for all activity occurring under your account.
User may not share login credentials, permit multiple user access, transfer accounts, or falsify training records. NSC reserves the right to audit, restrict, suspend, or terminate accounts for suspected credential sharing, fraudulent activity, unauthorized use, or any violation of these Terms.
User agrees to use the Services only for lawful purposes and in accordance with these Terms. User shall not, directly or indirectly:
NSC reserves the right to investigate suspected violations of this Section and to suspend, restrict, or terminate User's access to the Services without notice if NSC reasonably believes that User has violated these Terms or engaged in unlawful, fraudulent, abusive, or unauthorized conduct.
NSC reserves the right, in its sole discretion and with or without prior notice, to suspend, restrict, disable, or terminate User's access to all or any portion of the Services for any reason, including, without limitation:
Upon suspension or termination, User's license to access and use the Services shall immediately cease. NSC may deactivate User accounts, revoke access to course materials, certifications, and platform features, and remove or disable User content to the extent permitted by applicable law.
Unless otherwise required by law or expressly agreed to in writing by NSC, termination or suspension shall not entitle User to any refund, credit, or other compensation.
Termination of these Terms shall not affect any rights, obligations, or remedies that, by their nature, are intended to survive termination, including provisions relating to intellectual property, payment obligations, disclaimers, limitation of liability, indemnification, dispute resolution, and any other provision intended to survive.
All content, materials, software, course content, videos, text, graphics, photographs, quizzes, assessments, downloadable materials, certificates, website design, and other content made available through the Services (collectively, the "Content") are owned by or licensed to Nightlife Security Consultants, LLC ("NSC") and are protected by applicable copyright, trademark, trade secret, and other intellectual property laws.
Except as expressly authorized by NSC, Users may not copy, reproduce, modify, distribute, publish, display, transmit, create derivative works from, sell, license, record, scrape, reverse engineer, or otherwise exploit any portion of the Content or Services. Any unauthorized use of NSC's intellectual property is strictly prohibited and may result in legal action.
Subject to compliance with these Terms, NSC grants User a limited, revocable, non-exclusive, non-transferable license to access and use the Services solely for authorized training purposes. Purchase of a license transfers no ownership rights to User.
Unless expressly authorized by NSC, User may not copy, distribute, record, screenshot, or otherwise capture course materials. User may not reverse engineer platform functionality or use the Services to develop competing products or services.
User may not remove copyright, trademark, or other intellectual property marks, or use the Services for unlawful or anti-competitive purposes.
User may not use artificial intelligence or any other automated systems to access, monitor, copy, index, or analyze the Services without NSC’s prior written authorization.
Certificates issued by NSC represent that completion requirements were recorded within the LMS. Regulatory standards and requirements vary by jurisdiction and may change without notice. Users and employers are solely responsible for verifying applicable local rules and regulations.
All fees are payable in U.S. dollars. Unless otherwise expressly stated, purchases are non-transferable, subscriptions automatically renew unless canceled, and fees are non-refundable except where required by law. NSC may suspend Services for failed or disputed payments or unauthorized account activity.
Except as expressly stated in this Paragraph 8.2, purchases of Services are non-refundable. NSC will consider only refund requests which are submitted within twenty-one (21) calendar days of the purchase date, and where User has completed less than twenty-five percent (25%) of the Services.
Course completion percentages shall be determined exclusively by NSC’s LMS records and internal tracking systems. NSC will not issue a refund where fraud, abuse, credential sharing, chargeback abuse, or unauthorized activity is suspected. Approved refunds will be issued to the original payment method used for the purchase.
Use of the Services is subject to NSC’s Privacy Policy. By using the Services, you consent to the collection, use, storage, disclosure, and processing of information consistent with applicable law and the Privacy Policy.
Where the Services are purchased, assigned, or administered by an employer, organization, or other authorized purchaser, User acknowledges and agrees that NSC may collect, use, and disclose User's enrollment information, course assignments, training progress, assessment results, completion status, certificates, compliance records, and other training-related information to the purchasing organization and its authorized administrators as reasonably necessary to administer the Services, verify training completion, support regulatory or contractual compliance, and manage User access, subject to applicable law and this Privacy Policy.
California residents may possess additional rights under the California Consumer Privacy Act and California Privacy Rights Act.
By creating an account, registering for, purchasing, or using the Services, User consents to receive communications from NSC electronically, including by email, through the LMS, by text message (where applicable and with any legally required consent), or by notices posted within the Services.
Such communications may include account information, receipts, invoices, password resets, enrollment confirmations, course assignments, training reminders, certificate notifications, compliance updates, changes to the Services or these Terms, and other administrative or transactional communications.
User agrees that electronic communications satisfy any legal requirement that such communications be in writing. User is responsible for maintaining a current and accurate email address and other contact information associated with the User's account and for monitoring such communications.
NSC shall not be responsible for any loss, delay, or failure to receive communications resulting from inaccurate contact information, spam or junk mail filtering, internet service interruptions, or circumstances beyond NSC's reasonable control.
Where an employer, organization, or other authorized purchaser enrolls or assigns Users to the Services, User acknowledges and agrees that NSC may provide the purchasing organization or its authorized administrators with information reasonably necessary to administer the Services, including enrollment status, course assignments, course progress, completion status, certificates, assessment results, compliance records, and other training-related information, subject to applicable law and NSC's Privacy Policy.
NSC will not be liable for any loss, damage, or injury arising from or relating to User’s use of the Services.
User will indemnify and hold NSC harmless from and against any costs, liabilities, or damages (including attorney’s fees) from a claim for damages arising from or related to User’s use of the Services, workplace or operational decisions, employee conduct, alleged negligence or intentional misconduct, including claims for bodily injury, death or damage to property.
NSC’s maximum liability to User for any wrongful act will not exceed the registration price User pays for the Services. NSC gives User no warranties, express or implied, except as expressly stated in these Terms.
To the fullest extent permitted by applicable law, any claim or cause of action arising out of or relating to the Services or these Terms must be commenced within one (1) year after the claim or cause of action first arose. Any claim not commenced within that period is permanently barred.
The termination, suspension, expiration, or discontinuation of User's access to the Services or these Terms shall not affect any rights, obligations, or liabilities that accrued prior to such event.
In addition, any provision of these Terms that, by its nature or express terms, is intended to survive shall remain in full force and effect following termination, including, without limitation, provisions relating to intellectual property, payment obligations, refunds, certificates, disclaimers, limitation of liability, indemnification, dispute resolution, governing law, attorneys' fees, and any restrictions on the use or disclosure of NSC's confidential or proprietary information.
"Force Majeure" means any occurrence which is beyond the control of either party, and which makes performance under these Terms either impossible or impracticable.
Typical examples include a severe weather warning issued by the National Weather Service, or other natural disasters, power failure, vandalism or theft, government regulations or orders such as the imposition of a curfew or martial law, strikes or labor disputes, war or acts of terrorism, the presence of hazardous, toxic or other dangerous materials.
Neither party to this agreement will be responsible to the other for any failure of or delay in the Services to the extent such failure or delay arises from or relates to a Force Majeure event.
In lieu of litigation in court, the parties will refer any dispute for binding resolution to a single arbitrator who will apply the Commercial Arbitration Rules of the American Arbitration Association and interpret these Terms of Use pursuant to the laws of the State of California, regardless of its conflict of laws provisions.
In any arbitration between the parties, the arbitrator may award the prevailing party its reasonable attorneys’ fees and costs. The parties may conduct any dispute resolution proceedings virtually or in San Diego County, California.
Notwithstanding the provisions immediately above, NSC may seek injunctive relief to protect its intellectual property or prevent unauthorized access to confidential information.
If any provision of these Terms is held unenforceable or invalid, the remaining provisions shall remain in full force and effect.
These Terms, together with any incorporated policies, constitute the entire agreement between you and NSC regarding the Services and supersede all prior agreements and understandings.