Terms & Conditions
This is a legal contract. Please carefully read the following terms before accessing the online training platform. You accept and agree to all of the covenants and conditions imposed in this agreement. If you do not agree with these terms, you may not register or otherwise access any courses or other training resources on the site.
By using Barry Libman Inc. services, you agree that you have read, understand and agree to these terms. Please print and keep a copy of this License and Privacy Agreement ("Agreement").
Barry Libman Inc. may change any of the terms in this Agreement at any time. Changes will become effective upon posting on the Barry Libman Inc. website. If you choose not to accept the changes to the terms of this Agreement, you must cancel your access to the Website as described below. Continued use of this Website by you or any other user under your license constitutes acceptance of the terms of the modified Agreement.
It is important you read these terms and conditions carefully and thoroughly. By registering and/or using and/or otherwise accessing the Barry Libman Inc. website, you agree to all of these terms, including:
1. The Website
Registration is required in order to access any Barry Libman Inc. online training and/or other digital assets, through the Internet or otherwise. This document will refer to these sites and digital assets collectively as "the Website." In the event of a conflict between these terms and conditions and more specific terms and conditions between a user and Barry Libman Inc., the more specific terms and conditions shall prevail with respect to such conflict.
2. Ownership of the Information, Materials and Software of the Website
You expressly acknowledge and agree that (a) the Website contains information, text, software, photos, video, graphics, music, sounds and other material (collectively called "Materials") that are protected by copyrights, trademarks, trade secrets, patents or other proprietary rights (collectively called "Intellectual Property Rights"); (b) all right, title and interest in and to these Materials and Intellectual Property Rights belong solely and exclusively to Barry Libman Inc. or its licensors; and (c) these Intellectual Property Rights are valid and protected in all forms of media and technologies existing now or developed later.
Barry Libman Inc. may change or discontinue any portion, feature, or content of the Website at any time with or without notice to you; however, Barry Libman Inc. will make reasonable efforts to provide users notice of significant changes to the Website when feasible and provide alternative materials if substantial portions of the Website are removed.
Barry Libman Inc. may at any time, with or without notice to you, restrict the use and accessibility of the Website as well as limit the duration and amount of use made of the Website. Other than periodic restrictions for the purposes of routine maintenance, such restrictions are typically only made in extraordinary circumstances, which are beyond Barry Libman Inc.'s control.
Barry Libman Inc. assumes no responsibility for any Materials posted by third parties on the Website or accessed on the Website through hypertext or other computer "links" to sites hosted by third parties that are outside of Barry Libman Inc.'s control. Barry Libman Inc. does not endorse products, services or information provided by third parties and shall not be responsible or liable, directly or indirectly for any damage or loss caused or alleged to be caused by or in connection with, use or reliance on any content, goods or services available on or through any third party site or otherwise posted by third parties on the Website. Further, the inclusion of links on the Website does not imply that the owners of such third party sites have given permission for inclusion of these links, or otherwise sponsored or endorsed the Barry Libman Inc. website.
Barry Libman Inc. is not responsible for the accessibility of third party sites via the Website. Should you discover that a third party link on a Website is broken, no longer pointing to the content so indicated on the Website, or points to a third party site containing infringing content, malicious code, or any offensive, libelous, or otherwise illegal or inappropriate content, email: email@example.com
To ensure Barry Libman Inc. can quickly respond to the issue, your email should include the originating Barry Libman Inc. page URL, the linked page URL and a description of the content in question.
3. LIMITED LICENSE
Barry Libman Inc. hereby grants each user a limited, non-exclusive and non-transferable license to access the content and information available in the online courses and/or online training materials (the “eLearning platform”) according to the provisions contained herein, and subject to the payment of the applicable user fee. Available content will depend on the user’s subscription plan.
Each multi-user subscriber may only allow its employees and agents to access the training platform. If the multi-user subscriber’s license terminates, the multi-user subscriber’s employees and agents shall no longer have access to the Barry Libman Inc. training platform. Each multi-user subscriber agrees that the training platform may not be accessed by more than the authorized number of users purchased by the multi-user subscriber. Each User shall be authorized to access the training platform from any Internet connection.
4. FEES, REFUND POLICIES AND RE-ACTIVATION FEES
4.1 Fees are posted by Barry Libman Inc. on the site. Barry Libman Inc. may increase course fees at any time and for any reason. Barry Libman Inc. may terminate access to any course(s) if unable to process an order based on inaccurate or outdated information.
4.2 Except as otherwise stated in this document, including in Section 11 below, or as specifically stated on the Barry Libman Inc. webpage regarding fees, no full or partial refunds or credits will be issued.
4.3 Reactivation Fee
Courses have a set period for completion as stated in your registration. If that expiration date arrives and you have not completed all assessments required by the course, you may request an extension. A re-activation fee will be charged. It is up to the sole discretion of Barry Libman Inc. whether and for how long to extend your course.
5. Use of the Information and Materials of the Website
5.1 Barry Libman Inc. grants a limited license to all users of the Website that is nonexclusive, personal, and nontransferable. Website Licensees may use, display, and, when such functions are available on the Website, reformat, download, and print Materials obtained through the Website solely for their own personal, non-commercial, educational purposes.
5.2 Login credentials (login name/username and password) may not be shared with others or otherwise disclosed to unauthorized third parties. You may give this information to a qualified person helping with issues related to the computer or on-line access. You must change your password immediately upon the resolution of those issues.
5.3 Unless you are an Affiliate, with a fully executed written Affiliate agreement with Barry Libman Inc., and except as you may be expressly permitted by this Agreement, you may not use, modify, adapt, reformat, download, upload, post, reproduce, broadcast, publish, display, perform, transfer or redistribute any Materials in any form, format or media or by means of any technology without obtaining the prior written authorization of Barry Libman Inc. and any other owner of the Intellectual Property Rights in such Materials.
5.4 You may, on an occasional and irregular basis, include insubstantial portions of Materials from the Website in memoranda, reports and presentations, and then only to the extent that such use constitutes "fair use" under applicable copyright and intellectual property law. In each such instance, you must include proximate to any excerpted Materials all copyright, trademark and other notices from the Website (whether or not included in the particular Materials used), and appropriate source attribution to Barry Libman Inc. and its licensors.
5.5 Prohibited uses of Materials:
Except as explicitly permitted under Section 3.4 above or pursuant to express written permission obtained from Barry Libman Inc.:
5.5.1 You may not reproduce, use, sell, transmit, publish, broadcast, or otherwise disseminate or distribute Materials from the Website to anyone, including but not limited to others in the same company, school, college or other organization, whether or not for a charge or other consideration, including but not limited to use in "course packets." Should you wish to use Materials as part of another course, you must contact Barry Libman Inc. regarding an Affiliate Agreement at firstname.lastname@example.org.
5.5.2 You may not post Materials from the Website [including your answers to any homework or test questions provided by the Website] to newsgroups, mail lists, electronic bulletin boards, [homework sites, content aggregators, file storage services] or any other on-line destination.
5.5.3 You may not reproduce any illustrations, charts, photographs, outlines, extensive text excerpts, chapters, or e-books included in the Materials for any use outside of the class with which the Website is being used.
5.6 If you wish to request permission to reproduce Materials from the Website for other than the specifically authorized educational purpose, or if you have any questions about the proper way to include such notices, please contact Barry Libman Inc. at email@example.com.
5.7 Textbook The Barry Libman Inc. textbook must be purchased separately. Barry Libman Inc. reserves all copyright in the textbook. No part of the textbook may be reproduced, quoted, copied or distributed without the prior written consent of Barry Libman Inc.
6. User content
6.1 The Website may provide functionalities for users to upload or post comments, ideas, articles, information, data, text, software, music, sound, photographs, graphics, video, messages, and other materials or submissions ("User content"). The views and opinions expressed therein do not necessarily reflect those of Barry Libman Inc. or its licensed content providers or licensors. The user who posted the User content is solely responsible for such User content.
6.2 Barry Libman Inc. does not guarantee the accuracy, integrity or quality of User content and disclaims all liability for any errors, omissions, violation of third party rights or illegal conduct arising from user content posted, emailed or otherwise transmitted via the Website.
6.3 Prohibited User content:
You agree not to upload, post, email or otherwise transmit any User content:
6.3.1 that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, indecent, offensive, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
6.3.2 that you do not have a right to transmit under any law or under contractual or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6.3.3 that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
6.3.4 that contains software viruses or other contaminating or destructive devices, features or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or provides information relating to or otherwise facilitating the use of malware or other destructive materials or mechanisms;
6.3.5 that contains advertising or promotional material of any kind;
6.3.6 that contains personally identifiable information or educational records pertaining to any party;
6.3.7 that undermines the pedagogical purpose of the Material on the Website and the course with which it is used, including but not limited to answers to questions used in the Website.
6.4 You acknowledge that Barry Libman Inc. does not pre-screen User content. Barry Libman Inc. and its designees reserve the right (but not the obligation) in their sole discretion to monitor, refuse to post, or remove any User content for any reason. Barry Libman Inc. reserves the right to terminate your access to the Website to prevent further posting of prohibited user content.
6.5 You acknowledge and agree that Barry Libman Inc. reserves the right to preserve User content after the end of the relevant semester indefinitely in the event of a potential violation of these terms or dispute pertaining to User content. You acknowledge and agree that Barry Libman Inc. further reserves the right to disclose User content in association with your contact and/or personal information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms of service hereunder; (c) respond to claims that any User content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Barry Libman Inc., its users and the public.
7. Restrictions on Use
You agree not to use the Website to:
7.1 upload, post, email or otherwise transmit any prohibited User content described in Section 6.
7.2 impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity;
7.3 upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "Junk mail," "Spam," "chain letters," "pyramid schemes," or any other form of solicitation;
7.4 use or attempt to use any "deep-link," "scraper," "robot," "bot," "spider," "data mining," "computer code," or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the Website, any data or content found on or accessed through the Website or any other Barry Libman Inc. Materials without the prior express written consent of Barry Libman Inc.;
7.5 obtain or attempt to obtain through any means any Materials, user content, or any other data, content, software or code available on or through the Website ("Website Content") that have not been intentionally made publicly available either by their public display on the Website or through their accessibility by a visible link on the Website;
7.6 violate any measure employed to limit or prevent access to the Website or Website Content;
7.7 violate the security of the Website or attempt to gain unauthorized access to the Website, Website Content, or computer systems or networks connected to any service of the Website through hacking, password mining or any other means;
7.8 interfere or attempt to interfere with the proper working of the Website or any activities conducted on or through the Website, including accessing any Website Content prior to the time that it is intended to be available to the public on the Website;
7.9 take or attempt any action that, in the sole discretion of Barry Libman Inc., imposes or may impose an unreasonable or disproportionately large load or burden on the Website or the infrastructure on the Website;
7.10 disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges or to normally post messages, articles, or submissions;
7.11 interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website; or
7.12 intentionally or unintentionally violate any applicable local, state, national or international law.
8. Use of "Cookies"
The Website uses browser cookies to facilitate registration processing, to validate user role (instructor, student, etc.) upon login and to provide a personalized user experience.
9. Disclosure of Demographic and Personally Identifiable Information
9.1 By using the Website, you agree that Barry Libman Inc. may collect, use, sell, license and otherwise distribute demographic data about users in aggregated form (so that no user is personally identifiable) to assist in market evaluation and for other purposes as reasonably determined by Barry Libman Inc.
9.2 Some activities within the Website may request users to submit information that is tabulated and stored in a database. The data obtained is used to produce statistics that are integral to the educational value of these activities. Anywhere the requested data is personal in nature, a user's specific responses remain confidential and are not associated with name or e-mail address in any way. By participating in an activity that uses information entered by users for statistical analysis within the activity, you are giving us consent to include your data in the study.
9.3 Barry Libman Inc. will not disclose personally identifiable information associated with your use of the Website (e.g., name, email address, physical address, username and password, activity results) to any third parties not affiliated with Barry Libman Inc., except:
(a) within application rosters, grade books, or communication tools that facilitate instructor and student engagement. Instructors and course administrators have the ability to export grade book information from the Website for the purpose of maintaining educational records;
(b) where disclosure is requested by the educational institution, school district or system in which the user is enrolled, or by applicable state educational authorities, for educational or administrative purposes, such as evaluating student or instructor participation in the Website activities or for evaluation of the Website's educational efficacy and Barry Libman Inc. has authorization for disclosure from you, or
9.4 Barry Libman Inc. reserves the right to use personally identifying information to market (i.e. contact users for participation in focus groups, seminars, or product reviews, or provide information on complimentary or upgrade products) only to users ages 16 and above who have opted in to receive marketing information from Barry Libman Inc. Barry Libman Inc. does not sell such information to any third party.
IF YOU RESIDE IN THE EUROPEAN UNION, CANADA OR OTHER JURISDICTION WITH SIMILAR DATA TRANSFER REGULATIONS, YOU ACKNOWLEDGE BY REGISTERING YOUR EXPLICIT CONSENT THAT THE PERSONAL INFORMATION YOU HAVE PROVIDED MAY BE TRANSFERRED AND STORED IN COUNTRIES OUTSIDE THE EU, CANADA OR YOUR RESIDENT JURISDICTION, INCLUDING THE UNITED STATES. IF YOU FAIL TO PROVIDE YOUR CONSENT, YOU WILL NOT BE PERMITTED TO ACCESS THE SERVICES FOR WHICH REGISTRATION IS REQUIRED. YOUR PERSONAL INFORMATION SHALL ONLY BE USED IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT.
10. Your Other Responsibilities Concerning Registration for the Website
10.1 By registering for the Website under this Agreement, you certify to Barry Libman Inc. that: (a) the information you have provided to Barry Libman Inc. in order to register as an user is complete, accurate and current; (b) you will notify Barry Libman Inc. within 15 days of any change in your registration information; (c) that you will not share your login name/username and password except as expressly authorized under the terms of your license and (d) you fully understand that you will need to put in sufficient hours working with the courseware to be able to pass weekly assessment, which is required to earn CEU credits.
10.2 If any of these certifications are or become untrue, or if you do not comply in full with these requirements, Barry Libman Inc. has the right to suspend and/or terminate your access to the Website.
10.3 You are also responsible for obtaining and using all computer hardware and software required for your access to and use of the Website and for any charges incurred for your own access to the Website through an Internet access provider or other third party website.
10.4 You are responsible for all uses of the Website through your login name/username and password, whether access is made by you or a third party. You are responsible for protecting and securing your login name/username and password from unauthorized use and disclosure. In the event that you become aware of or believe there has been any breach of the Website, such as the theft or unauthorized use of your login name/username and password, you will notify Barry Libman Inc. immediately by calling 978.369.7180 or email firstname.lastname@example.org.
11. Termination of Access and 15 Day Refund
11.1 If for any reason within the first 15 days of registering directly with Barry Libman Inc. via an eCommerce transaction you are dissatisfied with the Website, you can request a full refund, whereupon your access and this License will terminate. See Section 17 on providing notice to Barry Libman Inc.
This refund policy does not apply to use of an access code nor does this refund policy apply to purchases made through a retail store including, but not limited to, a campus bookstore.
11.2 Your access commences the day you submit the registration form and runs for the specific term defined whether or not the Website is used. Your obligations under this Agreement will exist until said term expires or the access is terminated by you or Barry Libman Inc.
11.3 You may terminate this Agreement and your rights to use the Website at any time and without cause by notifying Barry Libman Inc. of your decision to terminate. Except as stated in Section 11.1, no full or partial refunds or credits will be issued. See Section 17 on providing notice to Barry Libman Inc.
11.4 Barry Libman Inc. may, in its sole and absolute discretion, and with or without notice, suspend your access to all or any part of the Website, or terminate this Agreement and thus your rights to use the Website, for any conduct or use (whether by you or anyone else having access under your login name/username or password) that Barry Libman Inc. believes is a violation of this Agreement or for any other conduct or use that Barry Libman Inc. believes is harmful to other users, Barry Libman Inc.'s content providers, or to the Website or the interests of Barry Libman Inc.
11.5 Reactivation Fee
If your access is validly terminated under any term of this Agreement, including per your request under Section 11.1, a re-activation fee will apply. The re-activation fee is non-refundable.
12. Your Remedies
12.1 Barry Libman Inc.'s entire liability to you, and your sole and exclusive remedy, regarding the use of the Website shall be the replacement of a login name/username or password if a currently valid login name/username or password fails to allow access to the Website.
12.2 Your sole right with respect to any disagreement or dissatisfaction with (a) this Agreement, as modified from time to time; (b) registration cost or other charges for the use of the Website, (c) access to, use of, or performance of the Website, or (d) any Website Content, is to terminate your access as provided for in Section 11.
13. Disclaimer of Warranties
13.1 THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS AND SOFTWARE ACCESSIBLE THROUGH THE WEBSITE ARE PROVIDED ON AN "AS-IS," "AS-AVAILABLE" BASIS. THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, REGARDING OR RELATING TO PRODUCTS OR WEBSITES FURNISHED TO LICENSEES UNDER THIS AGREEMENT OR IN CONNECTION WITH THE WEBSITE. BARRY LIBMAN INC. EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NONINFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
13.2 You expressly agree that your use of the Website is at your sole risk. Barry Libman Inc. does not warrant that the Website will be uninterrupted or error free; nor does it make any warranty as to the results that may be obtained from your use of the Website, or as to the accuracy, reliability, completeness, or content of any information, third party website, software or merchandise that may be provided through the Website. No statement, information or advice, including, but not limited to, statements regarding capacity, suitability for use or performance, whether made by a Barry Libman Inc. employee, reseller or other representative or otherwise, which is not contained in this agreement shall be deemed to be a warranty by Barry Libman Inc. for any purpose or give rise to any liability of Barry Libman Inc. whatsoever, and you agree that you will not rely on any such statement, information or advice.
13.3 Where Barry Libman Inc. is a distributor, rather than a publisher, of Materials accessible through the Website, Barry Libman Inc. exercises no more editorial control over such Materials than does a typical public library, bookstore or newsstand. The views and opinions expressed in such information do not necessarily reflect those of Barry Libman Inc. or its content providers or licensors. Neither Barry Libman Inc. nor its content providers or licensors make any warranties or representations regarding the accuracy, adequacy, truthfulness, completeness, or usefulness of such information.
13.4 Advertisements. By displaying vendor advertisements on its website Barry Libman Inc. is not endorsing a company, product and service. Advertisers are solely responsible for the content, claims and truthfulness of statements they make. Barry Libman Inc. makes no warranties or representations regarding the accuracy, adequacy, truthfulness, completeness, or usefulness of any information in any advertisement.
14. Limitation of Liability
14.1 UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL BARRY LIBMAN INC. BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES THAT ARISE FROM LOSS OF ANTICIPATED REVENUE, LOSS OF INFORMATION OR MATERIAL OF ANY KIND, LOST PROFITS, LOSS OF BUSINESS AND INJURY TO PROPERTY, EVEN IF BARRY LIBMAN INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT ARISE IN CONNECTION WITH OR RESULT FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE ON ANY MATERIALS, CONTENT, INFORMATION, WEBSITES, SOFTWARE OR PRODUCTS OBTAINED ON THE WEBSITE, OR MISTAKES, OMISSIONS, INTERRUPTIONS, COMMUNICATIONS FAILURE, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, OR THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO YOUR RECORDS, PROGRAMS OR WEBSITES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND IN SUCH STATES BARRY LIBMAN INC.'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
14.2 If, notwithstanding the foregoing, Barry Libman Inc. were to be held liable for damages, then regardless of the form of action (whether in contract, tort, breach of warranty or otherwise), in no event shall the maximum liability of Barry Libman Inc. and the parties described in the next sentence (Barry Libman Inc.'s "Related Parties") exceed, either jointly or severally, the aggregate dollar amount paid by you to Barry Libman Inc. in the twelve (12) months prior to the claimed injury or damage. All of the provisions of this section are also for the benefit of Barry Libman Inc.'s directors, officers, shareholders, employees, affiliates, agents, third-party content providers, licensors, and anyone else involved in creating, producing or distributing the Website, and each shall have the right to assert and enforce these provisions directly on their own behalf.
14.3 Server Uptime and Lost Data – Barry Libman Inc. will attempt to ensure that the Website is available at all times, but this cannot be guaranteed. Barry Libman Inc. is not responsible or liable for any downtime, whether caused by a User, a Barry Libman Inc. representative or by a third party. Further, Barry Libman Inc. is not responsible or liable for any loss, injury or damage caused by a loss of data or work even if such loss, injury or damage occurs just prior to or during Downtime. “Downtime” shall mean a scheduled or unscheduled disruption/failure of the Website.
14.4 It is solely the responsibility of the student to complete all reading, work, assessments and other tasks required to pass the class. Barry Libman Inc. makes no guaranty that any student will achieve a passing grade, whether or not all work is done. Barry Libman Inc. may revoke a passing grade upon reasonable suspicion or evidence of cheating or dishonesty on the part of the student or someone acting on behalf of the student.
14.5 Barry Libman Inc. is not responsible or liable for the approval of CEU credits. Although one or more Barry Libman Inc. courses have and will be CEU certified by AAPC and/or AHIMA or other appropriate governing body, it is the student’s responsibility to ensure his/her academic institution or professional association will accept the credit.
14.6 Barry Libman Inc. does not and cannot guaranty that the completion of any one or more Barry Libman Inc. courses will result in credit, career advancement or other tangible benefit.
15. Indemnification by You
To the extent permitted by law, you agree to defend, indemnify and hold harmless Barry Libman Inc. and its Related Parties from any claims and expenses related to any violation of this Agreement by your use of the Website, or in connection with the placement or transmission by you of any material on the Website except as expressly authorized in this Agreement.
16. Compliance with United States Export Requirements
This Agreement and your use of the Website are subject to any laws, regulations, orders or other restrictions on export from the United States of America (the "U.S.") of certain materials and technical data, which may be imposed from time to time by the U.S. Government. Therefore, you will not transfer, directly or indirectly, by electronic means or otherwise, any Website Content, or any direct products thereof, to any country, or to any agent, representative, or foreign national of any country, for which the U.S. Government or any agency thereof requires an export license or other governmental approval at the time of export without first obtaining such license or approval. Pursuant to current restrictions of the U.S. Government, nationals of Cuba, Iran, Myanmar (Burma), North Korea, Sudan and Syria may not use or access the Website or Website Content.
Barry Libman Inc. may give notice to you by electronic mail, by a posting on the Website, or by conventional mail. Notice by Barry Libman Inc. shall be effective on the date that Barry Libman Inc. makes a good faith effort to reach you.
You shall give notice to Barry Libman Inc. as stated below. Notice by you shall be effective on the date that Barry Libman Inc. actually receives the notice.
|U.S. mail:||Barry Libman Inc.
P.O. Box 341
Bedford, MA 01730-0341
18.1 This Agreement is personal to you, and you may not assign, transfer or delegate your rights or obligations to anyone. This Agreement, your and Barry Libman Inc.’s rights and obligations, and any disputes or disagreements regarding the Website will be governed by the laws of the U.S. that govern contracts wholly entered into and wholly performed within Massachusetts. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. You consent to the jurisdiction and venue of the Massachusetts courts, as stated in Section 19 below, and irrevocably consent to the process document, delivered personally or mailed by certified or registered mail, return receipt requested, at the address set forth in your registration information.
18.2 In the event that any provision of this Agreement is held to be invalid or unenforceable, pursuant to judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable according to its terms.
18.3 You acknowledge that Barry Libman Inc. will be irreparably harmed by any breach of this Agreement by you or by your unauthorized use of the Website or Website Content and, further, that monetary damages may not be a sufficient remedy for such harm. You agree that Barry Libman Inc. shall be entitled, without waiving any other rights or remedies and without further demonstration of irreparable harm or the inadequacy of monetary damages, to obtain injunctive or other equitable relief in the event of any breach of this Agreement by you or by your unauthorized use of the Website or Website Content.
18.5 In addition to being a part of the registration form, this Agreement resides on the Website under the License Agreement link so that you may reference it at any time.
18.6 This Agreement is the entire agreement between Barry Libman Inc. and you with respect to the Website. Headings in this Agreement are for your convenience only and do not have any legal meaning or effect. If any part of this Agreement is invalid, the rest of this Agreement will remain in effect. If Barry Libman Inc. waives or fails to enforce any term or condition of this Agreement on any one or more occasions, whether by conduct or otherwise, its waiver or failure to enforce will not mean that it must waive or cannot enforce such term or condition on any other occasion, or any other term or condition of this Agreement. The meaning of this Agreement cannot be changed by your or Barry Libman Inc.’s conduct, even if repeated, or by any custom or practice of others engaged in the same or similar businesses.
19. Governing Law; Dispute Resolution; Forum and Venue.
These Terms and any claim or action related to or arising from these Terms or content on the Site shall be governed by Massachusetts law, without regard to any provision that would make the laws of another jurisdiction applicable. All disputes between You and Barry Libman Inc. shall be finally resolved through binding arbitration in Middlesex County, Massachusetts. The arbitration shall be conducted by one (1) arbitrator. The parties shall conduct discovery as agreed upon or as permitted by the arbitrator. A party may file for an order on the arbitration decision exclusively in the Massachusetts Court in Middlesex County or the United States District Court for the District of Massachusetts in Boston or Worcester. The parties shall share equally the costs of the arbitrator, arbitration body and arbitration facilities (if applicable). Each party may bring an action for injunctive relief without submitting the claim to final and binding arbitration. Neither party shall have the obligation to post a bond or demonstrate actual harm before bringing an action for injunctive relief. Each party consents to the exclusive jurisdiction and venue of the Massachusetts Court, Middlesex County or the United States District Court for the District of Massachusetts located in Boston or Worcester for any equitable claim or other action related to or arising from these Terms. Each party shall bear his/her/its own expenses and attorneys’ fees related to any arbitration, claim or action.
© 2011 Barry Libman Inc., All rights reserved.
Updated on February 22, 2011.