Terms & Conditions

NCTI.ORG WEB SITE TERMS OF USE

IMPORTANT! THESE TERMS OF USE GOVERN YOUR USE OF THIS SITE, WHICH IS PROVIDED BY National Curriculum and Training Institute, Inc. (“NCTI”). BY ACCESSING THIS SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE. THESE TERMS OF USE ARE SUBJECT TO CHANGE BY NCTI AT ANY TIME IN ITS DISCRETION. YOUR USE OF THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS OF USE REGULARLY.

1. ACCESS TO THIS SITE
To access this site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If NCTI believes the information you provide is not correct, current, or complete, NCTI has the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time.

2. RESTRICTIONS ON USE
You may use this site for purposes expressly permitted by this site. You may not use this site for any other purpose, including any commercial purpose, without NCTI's express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand this site, or (ii) frame this site. For purposes of these Terms of Use, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with NCTI in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.

3. PURCHASE
NCTI agrees to sell to Buyer and Buyer agrees to purchase from NCTI the selected curricula, posters, and materials for the purchase price set forth together with all shipping charges. The curricula, posters, material, and the Real Colors® Personality Instruments shall collectively be referred to as the “Content.”

4. SALES TAX
Sales tax will be billed according to IRS and State Nexus sales & use tax guidelines. Organizations who believe they are exempt must provide documentation to NCTI to receive the exemption status. NCTI uses a third party to validate and compute tax calculations.

5. PAYMENT
All orders must be paid by (1) governmental purchase order, (2) cashier’s check with order, or (3) credit card.

6. LATE PAYMENT
A late payment charge of 1 ½ percent per month, which is equivalent to an annual percentage rate of 18 percent, will be added to any balance remaining due on all accounts over 30 days old (a minimum charge of $2.50 per month). To avoid this late payment charge, please pay invoice within the payment terms listed above. The late payment charges will be sent on a Semi Monthly Basis.

7. BREACH
Any breach by NCTI as to any particular item of Content shall be a breach as to that item only.

8. NONDISCLOSURE, CONFIDENTIALITY, PROPRIETARY INFORMATION, AND OWNERSHIP
NCTI has licensed the rights to use, market, produce and sell the criminal justice Curricula from CRCB, Inc. (“CRCB”) and the Real Colors® Personality Instruments from Real Colors Holdings, Inc. (“Real Colors”). CRCB and Real Colors are affiliated entities of NCTI.

The Content is the proprietary and confidential information of NCTI or the party that provided the Content to NCTI, and NCTI or the party that provided the Content to NCTI retains all right, title, and interest in the Content. Buyer acknowledges that the Content and any ancillary information or training materials provided by NCTI constitute copyrighted and confidential and proprietary information. Accordingly, the Content may not be copied, distributed, disclosed, republished, uploaded, posted, or transmitted in any way without the prior written consent of NCTI. You may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates NCTI's intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site.

Buyer shall refrain from disclosing to any third parties, or using for any purpose other than as allowed in this Agreement, any of the Content.  Buyer shall cause its employees and agents to refrain from disclosing the Content to any third parties or using the Content for any purpose other than as allowed in this Agreement.  Buyer shall take all necessary precautions to prevent the unauthorized use or disclosure of Content and shall indemnify and hold NCTI, CRCB and Real Colors harmless from any and damages incurred by any of NCTI, CRCB or Real Colors as a result of a breach of this provision.  The obligations of this Section will survive the termination of this Agreement.

9. DERIVATIVE WORKS
If Buyer creates or develops any variation of or improvement to any of the Content (a “Derivative Work”), Buyer shall promptly disclose the Derivative Work to NCTI, provide a copy to NCTI, and assign each Derivative Work to NCTI, and each Derivative Work shall thereafter be included as Content under this Agreement. In such regard, Buyer hereby grants and assigns, and agrees to grant and assign, to NCTI all right, title and interest in, to and under any and all Derivative Works. At the request of NCTI, Buyer shall promptly do all acts and sign and deliver all documents and instruments as may be necessary or desirable, in the sole discretion of NCTI to obtain, maintain, perfect, protect, and/or vest in NCTI the entire right, title, and interest in and to any and all Derivative Works.

10. SUBMISSIONS
You hereby grant to NCTI the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to NCTI through this site (together, the "Submission"), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. NCTI will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future NCTI operations.

NCTI will treat any personal information that you submit through this site in accordance with its Privacy Policy.

11. HYPER-LINKS
This site may be hyper-linked to other sites which are not maintained by, or related to, NCTI. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or NCTI. NCTI has not reviewed any or all of such sites and is not responsible for the content of those sites. Hyper-links are to be accessed at the user's own risk, and NCTI makes no representations or warranties about the content, completeness, or accuracy of these hyper-links or the sites hyperlinked to this site. Further, the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by NCTI of that site.

12. DISCLAIMER
You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data. NCTI does not assume any responsibility or risk for your use of the Internet.

The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by NCTI. Investors, borrowers, and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgment. Information obtained by using this site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.

YOUR USE OF THIS SITE AND THE CONTENT IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. NCTI DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. NCTI DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NCTI DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND NCTI MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT NCTI, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR CONTENT. NCTI MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and NCTI does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer, accurate or complete.

13. LIMITATION ON LIABILITY
NCTI, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF NCTI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF NCTI AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO NCTI FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.

14. INDEMNITY
You will indemnify and hold NCTI, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the "Indemnified Parties") harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

15. REMEDIES
Replacement of materials, or refund of all or a portion of payments received NCTI from Buyer hereunder (based upon the usability of the materials), at NCTI’s sole option, constitutes the sole and exclusive remedy of Buyer. Under no circumstances shall NCTI be responsible for any actual, consequential, special, indirect, incidental, or other losses or damages in connection with the curricula and the Real Colors® Personality Instruments, or any use or misuse thereof. Buyer accepts responsibility for selecting tests to achieve Buyer’s intended results and responsibility for the tests administration, use, validation, and results obtained therefrom.

16. RETURN & EXCHANGE POLICY
NCTI accepts the return or exchange of a purchased material if it is returned to NCTI within 30 days of our original shipment date. The returned or exchanged material must remain unused, undamaged and in perfect (new) condition. If the returned or exchanged material has been used or damaged, and/or it is past 30 days of purchase, we will not accept the material for any refund or exchange. If there is a refund, a restocking fee of 25% will be charged to cover our handling, merchant account fees, restocking and labor. Buyer is responsible for all shipping charges associated with the return of the purchased material.

Please contact a customer service representative for a Return Goods Authorization Number at 800-622-1644 x 5502 or email us at info@ncti.org.

17. DELIVERY
Purchased material shall be delivered, as Buyer designates in this order, to Buyer at the shipping address set forth in this order, or to NCTI at 319 E. McDowell Road, Suite 200, Phoenix, Arizona 85004-1539 for pickup by Buyer. Buyer agrees to pay all freight charges incurred from shipping point. Material shall generally be shipped via UPS Ground; provided, however, that NCTI may deliver by any mode of shipping, mailing, or delivery that it deems appropriate in its sole discretion.

18. RISK OF LOSS OR DAMAGE
Responsibility for purchased material shall pass to Buyer upon payment of the purchase price in full. Risk of loss to the material shall pass to Buyer upon delivery to the shipping or mailing company if the purchased material is shipped, mailed, or delivered to Buyer by a company other than NCTI. Shipments are automatically protected against loss or damage up to $100. Additional coverage per package is available upon request. The charge for each additional $100 insured value or fraction thereof is $.35.

19. WORKSHOPS
Certification. Participants are certified by an instructor at the conclusion of a workshop. Instructors retain the right to withhold certification if they feel that a participant has not met the requirements necessary for certification.

Cancellation Policy. If you are unable to attend a workshop after registering, you may send a substitute with no penalty. Cancellations received less than 14 days before the scheduled workshop are subject to a fee equal to 25% of the total amount paid. NCTI reserves the right to cancel a workshop training for any reason up to 21 days prior to the scheduled date. Please keep this in mind when making travel arrangements.

NCTI reserves the right to cancel a workshop at any time due to weather, acts of God, or acts of terrorism. NCTI will not be responsible for any costs associated with prearranged travel. Multiple registrations by same organization, agency, or individual will be held to the same policy as single registrations by individuals.

Workshop Fee and Payment. The participant fee includes workshop and training materials. Payment can be made by either credit card or governmental purchase order. If payment is made by purchase order, a copy of the purchase order must be provided to NCTI prior to attending the workshop.

Volume Discounts. Volume discounts are available based upon multiple registrations from the same organization, and are determined by a volume discount tier. The amount due to NCTI is based on the number of participants from the same organization who actually attend the workshop, and not based on the original amount of participants committed to attend prior to the workshop. Please note that this means additional funds may be due to NCTI if fewer participants attend a workshop than those originally committed to attend, and that reduction of participants results in a change in discount tier.   

Please Note: Criminal justice purchasing restrictions may apply to Non-Governmental agencies in Colorado or Florida. Please contact us prior to registering for a workshop if you are a Non-Governmental agency in one of these states.

20. INTELLECTUAL PROPERTY
All intellectual property appearing on this site and in the Content is the property of NCTI, or the party that provided intellectual property to NCTI (such as CRCB and Real Colors), including, but not limited to, trademarks, service marks, logos, copyrights, patents, and trade secrets. NCTI, and any party that provided intellectual property to NCTI, retains all rights in and to any of its respective intellectual property appearing in this site.

Additionally, Buyer shall not contest, oppose, or challenge NCTI’s, CRCB’s, or Real Colors’ ownership of their respective Content. Buyer shall not do or suffer to be done any act or thing that would in any way impair  NCTI’s, CRCB’s, or Real Colors’ ownership of or rights in and to their respective Content, including any registrations thereof. Without limiting the generality of the foregoing, Buyer shall not register or attempt to register any of the Content or any Derivative Works, with the United States Copyright Office, United States Patent and Trademark Office, or any other governmental authority. Buyer shall not oppose NCTI’s, CRCB’s, or Real Colors’ registration of any of the Content, or any Derivative Works, with the United States Copyright Office, United States Patent and Trademark Office, or any other governmental authority.

Buyer shall not reverse engineer any intellectual property in a manner prohibited by law.

21. SECURITY
Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). NCTI will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that NCTI considers insecure, NCTI will be entitled to require the password to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, NCTI reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. NCTI reserves the right to investigate suspected violations of these Terms of Use.

NCTI reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing NCTI to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS NCTI FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY NCTI DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER NCTI OR LAW ENFORCEMENT AUTHORITIES.

22. ENFORCEMENT OF AGREEMENT
Buyer agrees to pay reasonable attorney’s fees and all other costs and expenses which may be incurred by NCTI in the enforcement of this Agreement.

23. MISCELLANEOUS
These Terms of Use will be governed and interpreted pursuant to the laws of Arizona, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Arizona in connection with any dispute between you and NCTI arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in the state and federal courts in Phoenix, Arizona.

If any part of these Terms of Use is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain. NCTI may revise these Terms of Use at any time by updating this posting.

Last updated: June 16, 2015.

© 2014 National Curriculum and Training Institute, Inc.

If you have any questions or comments, please contact NCTI at (800) 622-1644, or email info@ncti.org.