The following are terms and conditions that must be accepted by all training providers or other third parties requesting online registration, providing content, or otherwise accessing the Insight LMS system, or any other system, platform, or application provided by New World Now, LLC, its affiliates, licensors, agents, or contractors (collectively, “NWN”). Collectively, all such systems are referred to as the “System.”
NWN makes the System available to you subject to the following Terms of Service (“TOS”). In order to use this online service or any other service provided by NWN, you must agree to the TOS. We may amend the TOS at any time by posting the amended terms on this site. Amendments are effective 7 days after posting. These terms apply to you, your employer or principal, your employees, agents, and contractors, as well as all persons accessing or using the System by or through you, or on your behalf.
You are responsible for maintaining the confidentiality of your ID and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify NWN of any unauthorized use of your registration. You also agree to: (i) provide true, accurate, current and complete information about yourself and your organization as submitted to the System, and (ii) maintain and promptly update your registration information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if NWN has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, then NWN has the right to immediately limit, suspend or terminate your account and refuse any and all current or future use of the System or related products and services (or any portion thereof).
You must be legally able to organize any event that you create or describe on our site. You must accurately describe your event and all terms, including cancellation and refund policies. You are responsible for the collection of any fees associated with your event, if applicable. Without limiting any other remedies, we may limit, suspend or terminate your account if we suspect that you have engaged in fraudulent activity in connection with our site or your event.
By using our registration process, you are obligated to enter accurate attendance data for event attendees into the System within 2 weeks of event conclusion. If you fail to enter attendance data, we may withdraw your event registration privileges.
You will be charged NWN’s then-current fees for use of the System, and such fees or any fee structures, offers, or practices may be changed at any time. If you fail to pay any required fees or if any fee transaction is uncompleted or reversed, or if for any reason NWN is owed any amount or fees by you, NWN may limit, suspend, or terminate access to the System in its sole and absolute discretion. As with any other remedies set forth in these TOS, this remedy is non-exclusive and without limiting any other remedies available to NWN at law or equity. If using any online or other form of payment within or relating to the System, you will effectuate the applicable payment transaction through the applicable third-party payment processing service(s) and are bound by the applicable terms of use governing such service(s), as well as any fees charged by such third parties; additional terms regarding third-party payment processors are set forth below in these TOS. Note also that, in the event of a refund to an event attendee or another third party, the payment processor may refund the attendee’s fees and fees charged by the payment processor or others, but NWN’s fees for each transaction are non-refundable, and will be paid to NWN notwithstanding any refund to any event attendee.
NWN is not responsible for the collection of registration payments. Event attendees are responsible for communicating directly with you regarding registration fees.
You agree not to use the System to:
You agree to indemnify and hold NWN and its subsidiaries, affiliates, officers, agents, co-branders or other partners (including Sponsors), and its and their employees, harmless from any claim or demand, including reasonable attorney fees, made by any third party due to or arising out of information you submit, post, transmit or make available through the System, your use of the System or our services, your connection to the System, your violation of the TOS, or your violation of any rights of another.
You expressly understand and agree that:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NWN OR ANY SPONSOR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NWN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SYSTEM OR ANY NWN SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SYSTEM; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SYSTEM; OR (V) ANY OTHER MATTER RELATING TO THE SYSTEM.
Any guidance NWN may provide as part of the System or any related services is solely informational and you may decide to follow it or not. NWN has no control over and does not guarantee: the existence, quality, safety or legality of items advertised; the truth or accuracy of users’ content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction, or provide or receive a refund.
You must be legally able to organize the event that you create on our site. You must accurately describe your event and all terms, including cancellation and refund policies (provided that such cancellation or refund policies may not be contrary to these TOS or other requirements of NWN or any Sponsor, or any payment processor [collectively, “Payment Processors”]). Without limiting any other remedies, NWN or a Sponsor may suspend or terminate your account if we suspect that you have engaged in fraudulent activity in connection with our site or your event. NWN expressly reserves, and has, the right to review your content at any time and, in NWN’s sole discretion, remove, disable, or limit access to any content that violates the terms of these TOS, or any NWN or Sponsor policy or requirement, or which is otherwise deemed by NWN to be objectionable, improper, or a danger to NWN, the System, or NWN’s business, customers, or end users.
You must comply with NWN’s then-current policies regarding use of the System, as well as the refund policy or any other policy of an applicable Sponsor, as provided to you from time to time or made available at NWN’s website, or through the System. You will provide a reasonable method of contact to event attendees and timely monitor communications from event attendees.
As part of enabling the System and accepting online payments, you will be required to register with the Payment Processor and comply with its terms of service or other requirements. The System currently uses Stripe® and specifically Stripe® Payments as the Payment Processor. Stripe®’s terms of service can be found here: https://stripe.com/us/terms. NWN may change the Payment Processor at any time upon notice to you (email or message provided through the System is sufficient).
You will provide any information required by the Payment Processor. This information may be used to verify your identity, the validity and/or legality of your transactions and/or whether you qualify to use the System for paid events. You agree to: (a) provide this information in an accurate and complete manner and (b) maintain and promptly update this information in a timely manner to ensure it remains accurate and complete at all times.
You agree that NWN and any Sponsor are permitted to share data and information relating to your events and transactions, including within the System and with the Payment Processor or other third parties.
In addition, you authorize NWN, any Sponsor, and the Payment Processor to verify your registration data as well as any other data or information you provide, and conduct due diligence on you through third parties, including third party credit reporting agencies.
Any Sponsor is an express third-party beneficiary of the TOS, entitled to full enforcement of any of its terms against you or any other related parties, and further entitled to seek and receive all other rights, remedies, damages, and relief to which NWN is entitled as a party to the TOS. You will (i) be responsible for your, and anyone using on your behalf or through your account’s, compliance with this Agreement; (ii) be solely responsible for the accuracy, quality, integrity, and legality of any content or information you provide to or make available on the System; (iii) not provide, make available to, or permit other individuals to use or access the System, except under the terms listed herein, and you will responsible for any unauthorized activity of the System; (iv) not sell, resell, rent, or lease the System; (v) not modify, translate, reverse engineer, decompile, disassemble, create derivative works, or otherwise attempt to derive the source code of the System; (vi) not remove any proprietary notices or labels on the System; (vii) not use the System for the purposes of monitoring the System’s availability, performance, or functionality or for any other benchmarking or competitive purposes; (viii) not use the System to store or transmit infringing, libelous, unlawful, or tortious material or to store or transmit material in violation of third party privacy rights; (ix) not use the System to store or transmit malicious code; and (x) not interfere with or disrupt the integrity or performance of the System. The System is made available to you under a limited license as described in these TOS, not sold. Use herein or in any other document of the word “purchase” in conjunction with subscription of the System shall not imply a transfer of ownership. You acknowledge and agree that, as between you and NWN, all right, title and interest, including all copyright, trademark, patent, trade secret, intellectual property (including but not limited to algorithms and business processes) and other proprietary rights, arising out of or relating to the provision of the System or any other services provided by NWN, as well as any derivative works, belong exclusively to NWN.
For the avoidance of doubt, the System and NWN are not providing and will not provide banking, deposit taking, stored value, insurance or any other financial services to you. For convenience, the System may show you a balance of proceeds for your events, however, that balance merely reflects the amount of fees that are to be collected through the Payment Processor or by your own alternative payment method, and represents only a general unsecured claim against the event attendee and not a store of value or a deposit.
You will at all times conduct yourself and your business in a professional, courteous, and responsible manner, and in a way that does not reflect poorly upon NWN or any Sponsor or Payment Processor.
With respect to any events for which you use online payments, you hereby appoint NWN and Payment Processor as your limited payment collection agents solely for the purpose of collecting payments made by attendees for such events through the Payment Processor. You agree that a payment made by an attendee using the System is the same as a payment made by an attendee directly to you and you will provide all advertised goods and services to the Attendee, regardless of whether any applicable fees have yet to be received from the Payment Processor. You agree that, in appointing the above parties as limited agents of you, such parties assume no liability for any acts or omissions of you. You understand that Payment Processor’s obligation to pay you is subject to and conditioned upon receipt of the associated fees from attendees.
The following are current policies and terms of NWN. As set forth in these TOS, these policies and terms may be changed at any time. You are required to comply with NWN’s then-current policies and terms, as well as, to the extent not conflicting with any policies or terms of NWN, the policies or terms required by any applicable Sponsor.
Advanced Payment. You agree that all fees for a given event are earned by you only following the conclusion of the applicable event. You agree that any payments made of fees prior to the fifth (5th) business day after the end date of the applicable event are merely advances of amounts that may become due to you. You agree that NWN or a Sponsor may demand back such advances (or any portion thereof) from time to time in their discretion based upon the level of refunds, disputed charges, chargebacks, customer complaints, allegations of fraud, changes in your credit profile or the underlying event(s)’ risk profile, or breaches of the TOS. Upon receipt of notice of any such demand, you shall thereupon promptly pay back to NWN or the Sponsor, as applicable, the portion of any such advance demanded. You acknowledge and agree that NWN or Sponsor have the right to authorize withholding of funds. You will comply with NWN or any applicable Sponsor’s then-current policies or requirements, including its obligations to reimburse for refunds and credit card chargebacks.
Cancellations; Nonperformance. If an event is not successfully completed for any reason, you must (unless otherwise directed by NWN or a Sponsor) for each Attendee either (i) provide the same training with a date, time, location, and trainer, that is acceptable to the attendee, or (ii) provide an alternative training with a date, time, location, trainer and subject matter that is acceptable to the attendee, or (iii) refund the attendee’s payment in full for the cancelled event.
Chargebacks; Reversals. Any credit card chargebacks or other transaction reversals initiated against you for any reason (except to the extent they are caused solely by the NWN’s gross negligence or willful misconduct) with respect to any of your events and all related credit card association, payment processing, re-presentment, penalty and other fees and expenses incurred by you or your affiliates in connection with such chargebacks shall ultimately be the responsibility of you, and you agree to promptly and fully pay such amounts on demand from NWN. As part of the NWN’s and Payment Processor’s limited payment collection agency, such parties will use commercially reasonable efforts to manage the re-presentment of any chargebacks and reversals on behalf of you and you hereby authorize such parties to do so and agree to use reasonable efforts to cooperate with such parties in such re-presentment. However, such parties shall have no obligation to re-present any chargeback that the applicable party believes in its discretion it is more likely than not to lose or that relates to a transaction that should be refunded in accordance with your, NWN’s, or the applicable Sponsor’s refund policy, or the provisions of these TOS. You agree that any such party’s loss of any chargeback that has been re-presented shall not in any way limit your obligation to reimburse the attendees, NWN, or a Sponsor under these TOS.
Alternative Payment Rules. If you elect, as an option within the System, to be responsible for collecting the funds from the attendee (such as by check, money order, or other method) and then mark the ticket/registration as “paid” in a designated area of the System. It is your sole responsibility to collect all amounts from attendees, process refunds (if applicable), and accurately mark registrations as paid on the event roster within the System. For the avoidance of doubt, with any alternative payment the payment transaction is effected solely between you and the applicable attendee, but regardless of whether payment between you and the applicable attendee occurs, you will be charged, and are responsible for paying, applicable fees for the attendee. In addition, if an alternative payment method is used, you are responsible for providing credit card authorization and any other information or permissions necessary to allow NWN to charge you, including through the Payment Processor if desired, directly for any fees payable to NWN or the Sponsor, as applicable.
Refund Policy and Process. Regardless of what payment method is selected, you agree to communicate a refund policy to attendees with respect to each event posted on the System that meets the requirements of NWN and any applicable Sponsor and to administer such policy in accordance with its terms and such requirements. Organizer will comply with NWN’s or Sponsor’s directions regarding the refund policy, including without limitation by using specific methods directed by NWN or Sponsor to inform attendees of the refund policy.
Refund Disputes. Regardless of what payment method is selected, all disputes regarding refunds are between you and the attendees. In the event of a dispute, a Sponsor may try to mediate, but ultimately it is your obligation to settle the dispute.
Non-Exclusive Remedies; Taxes. In the event that you fail to pay to NWN or Sponsor any amount owed pursuant to the TOS when due, such amount shall bear interest calculated from the date due until paid in full at a rate equal to the lesser of (i) one percent (1%) per month, compounded monthly; and (ii) the maximum amount permitted by applicable local, state, provincial, national or other laws, rules or regulations. You agree to promptly and fully reimburse NWN or any Sponsor upon demand for all out-of-pocket costs and expenses, including without limitation, reasonable attorney fees and expenses, incurred in collecting past due amounts from you under these TOS. You are solely responsible for determining which, if any, sales, use, amusement, value added, consumption, excise or other taxes, duties, levies and charges (collectively, “Taxes”) apply to use of the System and agrees that it is your sole responsibility to, and that you will, collect, remit and report the correct amounts of all such Taxes to the applicable governmental authorities, even if the System or NWN provides you with tax tools or tax calculators that assist you in doing so. NWN and any Sponsor do not represent, warrant or guarantee that any tax tools or tax calculators provided will meet any or all tax requirements that may be applicable or that such tax tools or tax calculators will result in collection or remittance of all applicable Taxes, which Taxes may vary based on the nature of the event, the nature of your tax status (individual, entity, business, consumer, etc.), your location, the location of attendees, credits and deductions for which you may qualify and other factors, and you hereby release NWN and Sponsor of any and all liability with respect to use of the tax tools and/or tax calculators. None of such tax tools or tax calculators, or any other part of the System or any services provided by NWN or a Sponsor, should be considered legal or tax advice. If you collect Taxes on or relating to the System, those Taxes will be treated like event fees and paid at the same time as the underlying event fees. If you use any tax tools or tax calculators that require inputting a tax registration number, you represent and warrant that such tax registration number is true and correct. You should be sure to check with your own tax advisor about any applicable Taxes. In the event that a governmental authority requires NWN or Sponsor to pay any Taxes attributable to use of the System, you agree to promptly and fully reimburse NWN or Sponsor for such Taxes upon demand and all costs, penalties, interest and expenses related thereto.
Prohibited Merchants. By registering for the System, as well as by accepting these TOS, you represent and warrant that:
(a) you are not located in, and you are not a national or resident of, any country to which the United States, United Kingdom, European Union, Australia or Canada has embargoed goods and/or services of the same type as the System (“Restricted Countries”);
(b) you are not a person or entity or under the control of or affiliated with a person or entity that (i) appears on the U.S. Office of Foreign Assets Control’s Specially Designated Nationals List, Foreign Sanctions Evaders List or Palestinian Legislative Council List; (ii) appears on the U.S. Department of State’s Terrorist Exclusion List; (iii) appears on the Bureau of Industry and Security’s Denied Persons List; (iv) appears on the Consolidated List of Targets published by the U.K. HM Treasury; (v) appears on the Consolidated List published by the A.U. Department of Foreign Affairs and Trade or (vi) is subject to sanctions in any other country; and
(c) you are not listed in the MasterCard MATCH terminated merchant database or Visa terminated merchant file and your right to access each card scheme and each applicable form of payment is not presently revoked or suspended.
If you fall into any of the categories set forth above, as determined by NWN in its discretion, you are a “Prohibited Merchant.”
Prohibited Transactions. You may not use the System or any related payment process to process any of the following transactions and you represent and warrant that you will not submit for processing through the System:
(a) any transaction that would violate the TOS or any terms of a Payment Processor;
(b) any transaction that is fraudulent or criminal in nature;
(c) any transaction that would constitute a “restricted transaction” as defined in the Unlawful Gambling Enforcement Act of 2006 or Regulation GG; or
(d) any transaction that would constitute sending money to another party other than for the purchase of bona fide tickets or registrations to, or solicitation of a donation for, events, or sale of items related to such events.
Any transaction that falls into any of the categories set forth above, as determined by NWN in its sole discretion, is a “Prohibited Transaction.”
Remedies. In the event that NWN or a Sponsor discovers that you are a Prohibited Merchant, that you have posted a event prohibited under these TOS or applicable law, or that you have attempted to process or processed a Prohibited Transaction, then NWN or Sponsor may take any or all of the following actions in its sole discretion in addition to any and all remedies that may exist under the law or elsewhere in the TOS:
(a) limit, suspend or terminate your account or access to the System, in whole or in part;
(b) alter, edit, or remove any prohibited event or any portion thereof;
(c) block, reverse or refund any or all of your transactions;
(d) hold any and all funds associated with your account to the extent required by applicable local, state, provincial, national or other law, rule, regulation, judgment or order; or
(e) refer you, your events and/or your transactions and information relating to the same to the Payment Processor or applicable law enforcement agencies for further action.
Representations and Warranties. In addition to the representations and warranties contained in these TOS, you represent and warrant to NWN and each Sponsor that (a) if you represent an entity, that entity is duly organized, validly existing and in good standing under the laws of the state, province or country of its formation; (b) you, or the entity you represent (if applicable), have all requisite power and authority to enter into these TOS and to carry out the transactions contemplated hereby; (c) the entering into and performing of these TOS by you, or if you represent an entity by the entity you represent, will not result in any breach of, or constitute default under, any applicable local, state, provincial, national or other law, rule, regulation, judgment or order, or other agreement to which you or it is a party, including without limitation, any other agreement for the sale of tickets or registrations; and (d) if you represent an entity, you have the full right, legal power and actual authority to bind such entity to the terms and conditions hereof.
Termination. In addition to any other right to terminate your use of the System under the TOS, NWN may at any time and in its sole discretion terminate these TOS and/or your right to use the System (a) if you are in violation or breach of any provision of these TOS; or (b) if the Payment Processor terminates any material obligation to NWN or your right to accept payments via the System or through the Payment Processor.