Terms & Conditions of Use Agreement

                                           Terms & Conditions of Use Agreement 

In this Terms & Conditions of Use Agreement (this “Agreement”), “NOMS Academic Institute”, “we”, “our” or “us” refers to NOMS Academic Institute.  NOMS Academic Institute offers the use of the website https://nomsacademicinstitute.education (the “Site”) to you subject to this Agreement. 

PLEASE READ THE ENTIRE TERMS & CONDITIONS OF USE CAREFULLY BEFORE YOU CONTINUE.  BY CONTINUING, YOU ARE DEEMED TO HAVE ACCEPTED THE TERMS & CONDITIONS OF USE IN THEIR ENTIRETY.  

YOU MUST BE AT LEAST 18 YEARS OLD TO USE NOMS ACADEMICINSTITUTE.EDUCATION OR ANY FEATURES OR SERVICES.  

Privacy Statement 

Your personally identifiable information obtained by us from this Site is subject to our Privacy Statement.  For more information, please see our Privacy Statement. 

This Agreement sets forth our usage guidelines and standards of use of the Site.  By using the Site, you (as a “User”) agree to this Agreement.  A User is defined as any visitor of the Site.  If you do not agree to this Agreement, you should immediately discontinue use or viewing of the Site.   

If you wish to make use of the Site and its features or services, you agree to this Agreement and indicate your acceptance of the same by continued use of the Site.  We reserve the right, at any time, to modify, alter, or update the terms and conditions of this Agreement.  If we make any material changes, we will notify you by means of a notice on the Site.  We encourage you to periodically review this page for the latest information on our terms and to review our most current terms.  

NOMS ACADEMIC INSTITUTE may refuse to offer or continue offering the Site to any person or entity for any reason or no reason and may change its eligibility criteria from time to time. 

Description of Service – Limited Use License Agreement 

NOMS Academic Institute operates the Site, which is designed to provide information about the educational services it provides, and to provide efficient User interaction.  By using the Site, you are licensed to use it only for the purpose of engaging with NOMS Academic Institute under this Agreement.  

Proprietary Rights to Content 

The Site contains information, data, software, photographs, graphics, text, images, logos, icons, typefaces, audio and video material, and/or other material (collectively referred to as “Content”) protected by copyright, trademark, patents, service marks, or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed. 

By visiting the Site, you are licensed to use the Content only for personal use.  The downloading of the whole or significant portions of any Content or database is strictly prohibited.  Resale of any Content or database or portion thereof, is also prohibited.  You are permitted and encouraged to download content that is specifically provided for such purposes where indicated. 

All Content displayed on the Site and all software, data and information used to create the Site and the Content, including text and images, method of display and presentation, source code, object code, embedded routines and programs and other materials, as well as all copyrights, trademarks, service marks, patents and other intellectual property rights, or proprietary rights therein or thereto, are owned by NOMS Academic Institute, its affiliates, suppliers or licensors, and are protected under U.S. and international copyright, trademark and other applicable laws and treaties including international trade and export laws.  All rights not expressly granted to you by us in this Agreement are reserved by NOMS Academic Institute and you do not acquire any ownership rights by accessing or downloading copyrighted material or Content from NOMS ACADEMIC INSTITUTE. 

Disclaimers  

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: 

Your use of the site is at your sole risk the information and content are provided by NOMS Academic Institute on an “as is” and on an “as available” basis only.  To the fullest extent permitted by applicable law, NOMS Academic Institute makes no representations or warranties of any kind, express or implied, regarding the use or the results of the site’s services in terms of correctness, accuracy, reliability, or otherwise.  NOMS Academic Institute shall have no liability for any interruptions in the use of the site.  In addition, NOMS Academic Institute does not warrant or represent the following: (1) the site will meet your requirements, (2) the site will be uninterrupted, timely, secure, or error free, (3) the results that may be obtained from the use of the site will be accurate or reliable (other than program statistics as required by the OHSBCCS) (4) the quality of any products, services, or information, or other materials obtained by you through the site will meet your expectations, (5) the servers that make the site available are free from viruses or other harmful components; or (6) any errors in the site will be corrected. any material downloaded or otherwise obtained through the site is done at your own discretion and risk and you will be solely responsible for any loss or damage incurred, including but not limited to, damage to your computer system or loss of data that results from the download of any such material.  You (and not NOMS Academic Institute or any of its respective licensors or vendors) assume the cost of all necessary servicing, repair or correction for any such damage. 

No advice or information, whether oral or written, obtained by you from the site shall create any warranty not expressly stated in this Agreement, nor the establishment of any physician-patient relationship.  

CampusCloud Use 

NOMS Academic Institute is a higher education provider and subject to the Family Educational Rights and Privacy Act (FERPA).  Although the CampusCloud portal is provided via a secure site, please understand that when you submit personal information on the CampusCloud portal, NOMS Academic Institute is processing protected identifying information (“PII”).  Under FERPA, providers like NOMS Academic Institute are required to use reasonable and appropriate safeguards to prevent data breaches.  Although NOMS Academic Institute uses an integrated, encrypted, third party platform to accept this PII, there is no 100% guarantee that all data available via the internet will be safe.  For more information regarding our obligations and commitments regarding the privacy and security of PII, review our notice of privacy practices.   

Your use of the CampusCloud portal is subject to separate terms and conditions.  You must use the CampusCloud portal strictly in accordance with those separate terms and conditions.   

Medical and HIPAA Security Disclaimer 

The material, including program information, available through the site is for informational purposes only.  Before you act on any information you’ve found on the site, you should independently confirm any facts that are important to your decision on enrolling or attending any NOMS Academic Institute program.  if you rely on any information or service available through the site, you expressly agree that you do so of your volition.  

NOMS Academic Institute disclaims all warranties regarding the information provided, including the implied warranty of merchantability, implied warranty of fitness for a particular purpose, and implied warranty of non-infringement.   

Some jurisdictions do not allow the exclusion of implied warranties; therefore, the above-referenced exclusion may not apply to you.  If you are dissatisfied with this disclaimer, the sole and exclusive remedy is to discontinue using the Site. 

Limitation of Liability 

NOMS Academic Institute shall not be liable for any damages whatsoever, and in particular NOMS Academic Institute shall not be liable for any direct, special, indirect, consequential, or incidental damages, or damages for lost profits, lost income, loss of revenue, or loss of use, arising out of or related to the use or the inability to use the site or the information contained in it, or for the cost of procurement of substitute services or resulting from any services purchased or obtained or messages received or transactions entered into through the site or resulting from unauthorized access to or alteration of your transmissions of data provided by you, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if NOMS Academic Institute has been advised of the possibility of such damages.    

Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages, therefore some of the above limitations may not apply to you.  If you are dissatisfied with this limitation of liability, the sole and exclusive remedy is to discontinue using the Site. 

Indemnification 

You will indemnify and hold NOMS Academic Institute, its subsidiaries, affiliates, officers, agents, attorneys and employees, harmless from any claim or demand of any kind whatsoever, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of the use of the Site, the violation of this Agreement, or infringement by another User, or of any intellectual property.  

COPPA Notice 

CHILDREN’S ONLINE PRIVACY PROTECTION ACT (“COPPA”) NOTIFICATION 

***Special Note for Parents or Guardians of Children*** 

The Site was not designed for anyone under the age of 18.  NOMS Academic Institute is not responsible for any access or use of the Site by children or minors under the age of 18.  NOMS Academic Institute DOES NOT provide academic or educational services designated for children under the age of 18, the Site is designed for adult use. 

Pursuant to 47 U.S.C. Section 230(d) as amended, NOMS Academic Institute notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.  Information identifying providers of such protections is available to you online.  

Please see the COPPA Information provided in our Privacy Statement for more information regarding use of the Site and any User under the age of 18.  

Legal Compliance 

NOMS Academic Institute reserves the right to use any information available by virtue of your use of the Site (including, for example, reverse IP address inquiry) in order to comply with any law, to enforce this Agreement or the Privacy Statement, or to protect the rights, property or safety of all visitors and Users. We reserve the right without obligation to review the content of the Site, and other information posted to the Site to determine compliance with this Agreement and operating rules established by us or our affiliates, and to satisfy any law, regulation or authorized government request.  

Modifications and Interruption to Service 

NOMS Academic Institute reserves the right to modify, delete, or discontinue the Site or any Content with or without notice. NOMS Academic Institute shall not be liable to a User or any third party should NOMS Academic Institute exercise its right to modify, delete, or discontinue the Site or any Content.  Each User acknowledges and accepts that NOMS Academic Institute does not guarantee continuous, uninterrupted or secure access to the Site or any Content and operation of the Site may be interfered with or adversely affected by numerous factors or circumstances outside of our operation or control.  

Third-Party Links 

The Site may include links to other third parties (collectively referred to as “Vendor(s)”).  Any such links to Vendors are provided for your convenience only, and such links do not imply endorsement by NOMS Academic Institute of such Vendors or the content contained therein.  You acknowledge that we are not responsible for the availability of, or the content provided by any Vendors.  You should contact those Vendors if you have any concerns regarding such links or the content.  Your use of Vendors is subject to the terms & conditions of use and privacy policies of each Vendor.  We encourage all Users to review said policies of all Vendors. 

NOMS Academic Institute disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity concerning Vendors and their offerings, and you agree that any recourse for dissatisfaction or problems with Vendors must be directed to the Vendors and not NOMS Academic Institute as you agree to waive any claim you may have against us with respect to any Vendor’s claim.  

Governing Jurisdiction  

This Agreement will be governed by and construed in accordance with the laws of the United States of America and the laws of the State of Ohio, without regard to any principals of conflicts of law.  Any and all services and rights of use hereunder are considered performed in the United States of America and you agree that any action at law or in equity that arises out of or relates to NOMS Academic Institute or this Agreement will be filed only in the state or federal courts located in Lorain County, Ohio or the Federal Northern District of Ohio and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. 

Compliance with Laws and International Use 

You assume all knowledge of applicable laws and are responsible for compliance with any such laws.  You may not use the Site in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Such laws may include but are not limited to the General Data Protection Regulation (“GDPR”), and the California Consumer Privacy Act (“CCPA”). See our Privacy Statement for information regarding your data privacy rights under those laws. 

Furthermore, we make no representation that the Site or any Content are appropriate or available for use in locations outside the United States and accessing them from territories where the Site or any Content may be illegal or prohibited.  Those who choose to access the Site from other locations outside of the United States do so on their own initiative and at their own risk and are responsible for compliance with those local laws and regulations.  Please see actual regulations for more information.  

Notification of Claimed Copyright Infringement 

We respect the intellectual property of others and we ask our Users to do the same.  If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent the following information:  

A description of the copyrighted work that you claim has been infringed; 

Identification of the URL or other specific location on the Site where the material you claim is infringing is located; 

Your name, address, telephone number, email address, and statement that you are an authorized person to act on behalf of the owner of the copyright; 

A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 

An affidavit submitted by you, sworn to and made under the penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are an authorized agent to act on behalf of the copyright owner.  

Pursuant to Section 512(c) of the Copyright Revision Act, as amended by the Digital Millennium Copyright Act, NOMS Academic Institute designates the following individual as its agent for receipt of notifications of claimed copyright infringement. 

By Mail: 

NOMS Academic Institute
Attn:  Director
1230 Park Avenue
Amherst, Ohio 44001 

Botnets 

NOMS Academic Institute retains the right, at our sole discretion, to terminate any User involved with botnets and related activities.  If any hostnames are used as command-and-control points for botnets, NOMS Academic Institute reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.  

Spamming 

Use of the Site by you for spamming is strictly prohibited.  

Miscellaneous Terms  

This Agreement in conjunction with our Privacy Statement constitutes the entire agreement and understanding between you and us regarding the use of the Site, superseding any prior agreements and understandings, and governs your use of the Site.  You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.  Our failure to enforce or exercise any right or provision of this Agreement shall not constitute a waiver of such right or provision.  If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and in full force and effect.  You agree this Agreement may be assigned by NOMS Academic Institute, in our sole discretion, to a third party in the event of a merger or acquisition.  The section titles and headings in this Agreement are for convenience only and have no legal or contractual effect.  

No agency, partnership, joint venture, employee-employer, physician-patient, or franchiser-franchisee relationship is intended or created by this Agreement. 

Any rights not expressly granted herein are reserved by and for us.  

By submitting information to NOMS Academic Institute through the Site or otherwise, you are making an inquiry as to services offered by NOMS Academic Institute and give NOMS Academic Institute permission to contact you through email, fax, telephone, mobile phone, or any means, even if your phone number or mobile number is on a “Do Not Call” list.  

Certain sections or pages on the Site may contain separate terms and conditions, which are in addition to this Agreement.  In the event of a conflict, the additional terms and conditions will govern for those sections or pages.