DATE LAST MODIFIED: September 7, 2015
1. Attorneys may market themselves as a "Bankruptcy Scholar" certificate holder issued by the NBA only as consistent with their state's ethical rules. Attorneys are urged to check with their state ethical boards prior to advertising that they have received the Bankruptcy Scholar designation. NBA makes no warrants or representations regarding ethical rules.
3. NBA is a for-profit business whose mission includes the education of lawyers in the substantive and procedural aspects of bankruptcy law.
4. A candidate who registers with NBA will be provided educational knowledge only; registration shall not be deemed an offer of employment from NBA.
5. NBA is not licensed by any state and is not accredited by any accreditation organization. Instead, the programs were designed by an attorney for an attorney, preaching "Practice Makes Perfect."
6. Programs are subject to cancellation or termination by NBA at any time with or without advance notice to participants. If a program is cancelled, then NBA shall refund you the registration fee. However, you will not be allowed any damages or reimbursement for any expenses you have incurred. For example, no damages or reimbursement will be paid for travel related expenses (hotel, air, rental, lost wages, etc.).
7. NBA is not affiliated with the National Basketball Association.
8. NBA reserves the right, without notice, to change requirements for admission or programs; the arrangement, time, credit, or content of courses; the books or materials to be used; the tuition or other fees charged; the regulations affecting candidates; or any and all matters relating to any program, product or service.
9. LOGO: You are prohibited from displaying any of NBA's logos on your website, letterhead, marketing materials, or other visual media without the express written consent of NBA, which may be withheld in its sole discretion. NBA may grant you a revocable annual license to display one or more of NBA's logos. An annual licensing fee may be charged. Failure to pay the annual licensing fee or termination of your membership with NBA automatically terminates any license granted to you. You agree to pay NBA liquidated damages in the amount of $15,000 plus $500 per calendar day for each day you display any of NBA's logos (including the Bankruptcy Scholar logo) on your website, letterhead, marketing materials, or other visual media after the license has terminated.
10. ATTORNEY REFERRAL PROGRAM, BLOG, LAW JOURNAL: NBA has the right, but not the obligation to create and/or maintain an attorney referral program, blog, or law journal. An annual licensing fee may be charged. NBA's failure to create and/or maintain said items shall not result in any liability being imposed against NBA.
11. SYSTEM REQUIREMENTS: NBA has added or intends to add video content to the website. All of the video content on this Web site can be viewed using Adobe Flash Player and/or other player as specified from time to time by NBA. The minimum software requirement for viewing NBA’s video is Adobe Flash Player 9 or greater. If you do not have Adobe Flash Player 9 or greater you can download this software by accessing the following link http://get.adobe.com/flashplayer/
12. CHANGES TO SERVICES, AGREEMENT AND/OR WEB SITE: NBA may amend any part of this Agreement at any time, and the amended terms will be effective 10 days after initial posting at the Web site. In addition, NBA may, without prior notice, add, delete or modify some or all of the programs or services ervices and/or content available on the Web site at any time in its sole discretion. Further, NBA may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
13. IF ANY OF THESE RULES OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU SHOULD IMMEDIATELY DISCONTINUE USE OF THE SERVICES AND WEB SITE. YOUR CONTINUED USE OF THE SERVICES OR WEB SITE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THIS AGREEMENT, WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES AND/OR MODIFICATIONS. You should review this Agreement periodically to ensure you become aware of changes which are made to this Agreement by NBA from time to time.
14. SERVICES; PROGRAMS; FEES; PARTIES: The services and programs are described within various pages of the Web site. You should review these pages to gain a better understanding of the Services and the goals behind the Web site. At a general level, NBA serves as an information portal for consumer attorneys in the United States. Among other content and services available at the Web site now or in the future, consumer attorneys can view certain instructional videos. Such responses shall not, under any circumstance, be deemed to constitute legal advice or the advice of co-counsel. No attorney-client relationship or co-counsel relationship is established hereby. NBA does not provide any legal advice to you. NBA does not endorse or recommend the products of any particular attorney. NBA’s services are administrative and informational only.
15. NBA expressly reserves the right at any time to discontinue, suspend or terminate this website or the offering of the services, programs, or membership. Unless expressly stated in writing, nothing contained herein shall constitute an offer or promise for any type of commitment. All purchases from NBA are final and nonrefundable. Refunds will not be given if NBA discontinues, suspends or terminates this website or the offering of services, programs or membership available at the Web Site.
16. NBA charges a fee for certain services and programs made available at the Web site. Such fees are described on various pages throughout the Web site. You hereby authorize NBA or its designee (including the Schaller Law Firm, P.C. and Robert Schaller) to charge any credit card you provide to NBA at the Web site or elsewhere for all fees due and owing to NBA. Such fees may be charged to your credit card upon purchase or download or, at NBA’s option, at a later time. You hereby agree and acknowledge that you shall not, under any circumstance, (i) revoke the above-referenced authorization to charge the above-referenced credit card(s) for any services, programs, or membership rendered, any products purchased at the Web site or any materials downloaded or viewed from the Web site, or (ii) contest any charges to the above-referenced credit card(s) which are made by NBA or its designee (including the Schaller Law Firm, P.C. and Robert Schaller). You shall, as is the case with other disputes arising hereunder, be entitled to resolve any and all such disputes pursuant to the dispute resolution section set forth below. Your use of the Web site and/or the services, programs, or membership constitutes your acknowledgment of, and agreement with, this fee arrangement.
17. From time to time, NBA may offer coupons for discounts on our services or programs. When you receive a coupon, you may redeem the coupon with your purchase of NBA’s services or programs for the discounted amount only if you are the individual to whom NBA directly issued this coupon. If you redeem a coupon and are not the direct recipient of the coupon from NBA, NBA will suspend your account until you pay the difference between any discounted amount paid and the retail price of the services, programs, or membership. If you elect not to pay the difference, NBA may retain all money you have paid to NBA and terminate your account.
18. Note that any submission made by you to the Web site shall be deemed to constitute your electronic signature, and as such you are extending an express invitation to NBA, and certain individuals and/or entities with which NBA has a business relationship, to contact you by telephone and/or e-mail at the numbers and/or addresses you have provided, and you hereby consent to any such calls and e-mails even if your phone number is on any Do Not Call list or your e-mail address is listed on any restricted access list. In addition, to the extent you click “Submit” or any similar button on any page in the Web site, you hereby agree and acknowledge that a NBA representative may contact you by telephone or e-mail to assess your needs.
19. QUESTIONS; SUBMISSIONS: By submitting a question in or through any portion of the Web site, you hereby understand and agree that you have established a business relationship between you and NBA, which is the owner of the Web site. As such, you agree that NBA may contact you using information you provided with information, surveys and offers of services available through NBA, the Web site or any other web site owned or operated by NBA or an affiliate of NBA from time to time. You hereby consent to any such communication, phone calls or e-mails even if your phone number is on any Do Not Call list or if your e-mail is on any other restricted access list. In the event you wish to opt out of receiving any such communications from NBA, please send an e-mail to NationalBankruptcyAcademy@gmail.com to be removed from this list.
20. LIMITED LICENSE: NBA hereby grants you a non-exclusive, nontransferable, revocable limited license to access and use the Web site and its contents, including search results and other information, strictly in accordance with this Agreement and solely for the permitted uses described in this Agreement. This license and authorization is not a transfer of title in any content posted at the Web site and is subject to strict compliance with the rules and other terms of this Agreement. In particular, and not in limitation of the foregoing, any videos purchased by you at the Web site are intended for your personal use and may not be re-broadcast, transferred, assigned, shared, viewed by or otherwise made available to anyone other than you.
21. WEB SITE ACCESS RULES: In return for the license and authorization NBA grants you in this Agreement to use the Web site, you agree to abide by all the terms of this Agreement and any additional restrictions displayed on the Web site, as and when they are updated from time to time, including, without limitation, the rules in this Section. This Section includes certain activities that are expressly not permitted on this Website. Inclusion of these prohibited uses is not intended and should not be construed to modify any description of permitted uses in this or other sections of this Agreement and you may not construe the fact that a particular activity is not described as a prohibited use in this Section as an indication of permission to engage in that activity if it is not consistent with the permitted uses.
22. Permitted Uses. You may use the Web site only in good faith for your own personal use to obtain information offered through the Web site. You may download and print out portions of the content from the Web site for your convenience provided that you follow the rules in this Agreement.
23. Distribution: Except as expressly permitted under other provisions of this Agreement, you may not modify, reproduce, duplicate, copy, photocopy, print, republish, display, translate, transmit, distribute, sell, resell, rent, lease, loan, exploit, reduce to any electronic medium or machine-readable form, or otherwise make available in any form or by any means all or any portion of the Web site, the content or any information or materials retrieved from either of them, including, without limitation, graphics and logos, in whole or in part, for any purpose without NBA’s express prior written consent and approval (which consent may be withheld at NBA’s sole discretion).
24. Website Functionality: You may not remove, disable, defeat, or change any functionality or the appearance of the Web site or any of the content included on the Web site.
25. Interference. You may not interrupt or attempt to interrupt or otherwise interfere with the operation of the Web site in any way.
26. Derivative Works: You may not create compilations or derivative works of the Web site, the Web site content or any other materials from the Web site.
28. Transfer: You may not transfer the Web site content to any other person unless you have received all consents necessary from NBA and, in addition, you give such other person notice of and they agree to accept the obligations arising under this Agreement.
29. Infringement: You may not use the Web site, the Web site content, or any other materials from the Web site in any manner that may infringe upon any copyright or other intellectual property right, proprietary right, or property right of NBA or any third party.
30. Software: You may not (i) decompile, disassemble, or reverse engineer any of the Web site’s software, (ii) use any network monitoring or discovery software to determine its architecture, or (iii) use any robot, spider or other automatic device or manual process to monitor materials available on the Web site.
31. Information Distribution: You may not use the Web site or any communications service that may be available to you on or through the Web site to transmit, upload, post, distribute or facilitate distribution of, or otherwise make available any information or content, including text, communications, software, images, sounds, data, or other information, that: is false; contains descriptions or accounts of sexual acts, including, without limitation, sexual language directed at another individual or group of individuals; you are restricted from using under contractual restrictions or fiduciary obligations, including, without limitation, inside information and proprietary and confidential information learned or disclosed as part of an employment relationship or under nondisclosure agreements; you are restricted from using under any law; or contains software viruses or any other computer code, files or programs that are designed or intended to disrupt, damage, or limit the functions of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any other party.
32. Other Prohibited Uses. You may not use the Web site for any purpose that: is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, or otherwise violates NBA’s rules or policies; victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability, or any other classification protected by law; invades any person’s or entity’s privacy or other rights; constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling; misidentifies yourself or impersonates any person or entity, including, without limitation, any employee or representative of NBA, or falsely states, implies, or otherwise misrepresents your affiliation with a person or entity by, for example, pretending to be someone other than yourself or pretending to represent a company or organization that you are not affiliated with or authorized to represent; or could otherwise reasonably be deemed or viewed to be unethical, illegal, or offensive.
33. Others’ Personal Information: You may not use any automatic or manual process to harvest, collect, or store information about other users of the Web site or its services or use any such information for any purpose whatsoever without NBA’s express prior written consent and approval. In any event, you may not knowingly solicit or collect personal information from a child 12 years old or younger without appropriate prior verifiable parental consent.
34. Harm to Minors: You may not take any action on the Web site or use the Web site content to harm minors in any way.
35. Data Collection: You may not access the Web site for data mining or extract any content from the Web site for any purpose other than your personal use as described in this Agreement.
36. Commercial Database: You may not use any portion of the Web site or any of the Web site content as a component of or to develop, in any media, an information storage and retrieval system, database, infobase, or similar information resource that is offered for commercial distribution of any kind, including, without limitation, through sale, license, lease, rental, subscription, or any other distribution mechanism. Sharing. You may not make any portion of the Web site, including, without limitation, the Web site content, available through any timesharing system, service bureau, the Internet, or any other technology, without NBA’s express written consent and approval.
37. Identifiers: You may not forge headers or otherwise manipulate identifiers on the Web site in order to disguise the origin of any Web site content transmitted through the Web site.
38. Securities Laws: You may not intentionally or unintentionally violate any applicable local, state, national, or international law relating to securities and other aspects of business ownership, including, without limitation: (i) regulations promulgated by the U.S. Securities and Exchange Commission, (ii) any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, and the NASDAQ, and (iii) any other similar regulations that have the force of law.
39. Solicitation. You may not use the Web site or any Web site content in a manner that violates any state or federal law regulating commercial e-mail, facsimile transmissions or telephone solicitations.
40. Export. You may not export or re-export the Web site, any of the Website content, or any software available on or through the Web site in violation of the export control laws and regulations of the United States.
41. COPYRIGHT AND TRADEMARK NOTICES: All contents of the Web site are: Copyright © 2014-2015 by Schaller Law Firm, P.C. All rights reserved. “NBALaw.org” and "National Bankruptcy Academy" and "...Where Bankruptcy Scholars Meet" are service marks of Schaller Law Firm, P.C. Other product and company names mentioned herein or within the Web site may be the trademarks or service marks of their respective owners. To this end, you may not, without the prior, written consent of NBA or the applicable copyright holder, modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the content posted at the Web site or otherwise owned by NBA or any of its licensors. This Agreement shall not be deemed to transfer from NBA to you (i) any of NBA’s or its licensors’ intellectual property (including, without limitation, patents, trademarks, service marks, trade names, copyrights and licenses), technology, software programs or any related assets owned by NBA, or (ii) any rights to use or license any of the foregoing except as explicitly set forth in this Agreement.
42. NBA does not recommend or endorse any advice or suggestions provided through the Web site, nor does it make any representation or warranty regarding the quality of services offered or provided through the Web site. You are solely responsible for your provision of professional legal services. The Web site is not intended to and does not constitute or create any attorney-client relationship. NBA does not interfere with any lawyer’s independent exercise of his or her professional legal judgment. You should not share any confidential communication between you and any other lawyer or client with NBA. The information contained in the Web site or learned through the Web site does not and should not be construed to constitute legal advice. The effectiveness of any legal advice rendered by a lawyer depends on the lawyer’s familiarity with the underlying facts of and legal principles relating to the legal matter for which the lawyer is retained. Nothing provided on the Web site should be considered a substitute for the informed advice of a lawyer. NBA will not advise you on legal issues. NBA does not share in any portion of your or any other legal fees that any client pays. Fees paid to NBA are not related in any way to any legal fees you may charge or collect.
43. DISCLAIMERS AND LIMITATIONS: NBA intends that the information contained in the Web site be accurate and reliable; however, errors sometimes occur. In addition, changes and improvements to the information provided herein or on the Web site may be made by NBA at any time. THE WEB SITE AND THE INFORMATION, SOFTWARE, VIDEO SEMINARS, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED “AS IS, WHERE IS AND AS AVAILABLE.” NBA AND/OR ITS SUPPLIERS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEB SITE AND ANY INFORMATION, SOFTWARE, VIDEO SEMINARS, PRODUCTS AND SERVICES PROVIDED WITHIN THE WEB SITE, INCLUDING WITHOUT LIMITATION (I) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, (II) AS TO THE RESULTS THAT MAY BE OBTAINED BY USE OF THE WEB SITE OR ANY OF NBA’s SERVICES, (III) WARRANTIES AS TO ANY CONTINUING LEGAL EDUCATION CREDIT WHICH MAY OR MAY NOT BE EARNED ON ACCOUNT OF WATCHING ANY VIDEO OR OTHERWISE PARTICIPTING IN ANY PROGRAM OR INITIATIVE AVAILABLE AT OR THROUG THE WEB SITE, OR (IV) AS TO THE ACCURACY OR UTILITY OF ANY SUGGESTION OR ADVICE PROVIDED TO YOU IN ANY OTHER PORTION OF THE WEB SITE. USE OF THE WEB SITE AND/OR NBA’s SERVICES IS AT YOUR OWN RISK. NBA AND/OR ITS SUPPLIERS SITES ARE NOT LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEB SITE AND/OR NBA’s SERVICES OR WITH THE DELAY OR INABILITY TO USE THE WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF NBA AND/OR THEIR SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN ALL EVENTS, THE AGGREGATE LIABILITY OF NBA, ITS OWNERS AND AGENTS FOR ANY REASON AND UPON ANY CAUSE OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT OF FEES PAID BY YOU TO NBA DURING THE 6-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE APPLICABLE CLAIM AROSE.
44. UNAVAILABILITY OF SERVICE, PROGRAMS, OR WEB SITE: You are responsible, at your sole cost and expense, for providing all equipment necessary to access the Internet, the Web site and/or the Services. While it is NBA’s objective to make the Web site accessible 24 hours per day, 7 days per week, the Web site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of NBA, access to the Web site and/or services and programs may be interrupted or suspended from time to time, or terminated. In particular, and not in limitation of the foregoing, NBA shall not be liable in any way for any delay in responding to an inquiry.
45. YOU AGREE THAT NBA SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY SUCH INTERRUPTION, SUSPENSION OR TERMINATION OF THE WEB SITE AND/OR SERVICE AND PROGRAMS AND THAT YOU SHALL PUT IN PLACE CONTINGENCY PLANS TO ACCOUNT FOR SUCH PERIODIC INTERRUPTIONS OR SUSPENSIONS OF THE WEB SITE AND/OR SERVICE AND PROGRAMS.
46. INDEMNITY: Release. Without limiting the generality of the disclaimers set forth in this Agreement, you hereby waive and release NBA, its affiliates, and each of their equity holders, officers, directors, managers, members, employees and agents from any damages and claims of any sort, whether direct or otherwise, that arise out of or result from your use of the Web site, the Web site content and any services offered through the Web site, including, without limitation, any dealings or transactions between you and third parties from whom you obtain any information, goods, or services through the Web site.
47. Indemnity: You will indemnify and defend (a) NBA, (b) NBA’s licensors, subsidiaries, and affiliates, and (c) each of their respective equity owners, directors, managers, members, officers, employees, agents, contractors and representatives against any claim or demand made by any third party and any damages, costs, liabilities, and expenses, including, without limitation, attorneys’ fees, any indemnified party incurs as a result of such a claim or demand arising out of (i) any content you submit or post to or transmit through the Web site, (ii) your use of or connection to the Web site, the Web site content or the services offered through the Web site, (iii) your violation of this Agreement or your violation of any rights of another person, (iv) any activity carried out by another person using your account or password with or without your knowledge, or (v) any malpractice or other claim brought by any one of your clients on account of legal advice provided by you to such client.
48. THIRD PARTY CONTENT: General. The Web site and the Web site content may contain or provide access to content provided by third parties, including, without limitation, information, statistical data, text, software, music, sound, photographs, graphics, video, messages, and other materials, whether publicly or privately posted to or e-mailed or otherwise transmitted through the Web site (“Third Party Content”) that may include content you find to be offensive, indecent or objectionable. The third party from whom Third Party Content originates is solely responsible for it and NBA assumes no responsibility to verify, has no control or influence over, makes no representations regarding, and does not guarantee the accuracy, integrity, or quality of any Third Party Content. Accordingly, NBA has no liability of any kind to you or any other person relating to any Third Party Content, including, without limitation, mistake, misstatement of law, omission, falsehood, defamation, obscenity, pornography, profanity, opinion, representation, and any other content contained in the Third Party Content or for any loss or damage of any kind incurred as a result of the use of any Third Party Content. Statements of opinion and commentary in Third Party Content are those of the third party and, unless NBA expressly states in writing to the contrary, NBA neither endorses nor adopts as its belief any such statements. NBA provides information in articles NBA posts or links to through the Web site only for educational and general informational and not as legal advice or as a substitute for legal advice provided by a competent lawyer. NBA has made no attempt to verify any information contained in such articles.
49. Advertisers: The Web site may include advertisements or offers for access to information, goods, and services provided by third parties. Your correspondence or business dealings with or participation in promotions of advertisers on or through the Web site, including, without limitation, payment for and delivery of goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser. NBA makes no representations about and disclaims any and all liability to any person for any such information, goods and services. NBA does not (i) endorse any advertiser, (ii) provide advice on which advertiser to select, (iii) guarantee any advertiser’s information, goods, or services, or (iv) act as your general contractor, agent or adviser.
50. Links: As a convenience to you, the Web site may contain links to websites that are owned and operated by third parties that are not affiliate with NBA. When you use these links, you will leave the Web site and NBA will have no ability to protect your interests. You visit linked Websites at your own risk and it is your responsibility to take any protective measures to guard yourself and your computer against viruses and other destructive elements. NBA is not responsible for and, unless it expressly states otherwise in writing, makes no warranty or representation regarding and does not endorse any linked Website or any service, product or information provided on or through the linked Website. Inclusion of hyperlinks to linked Websites on the Web site does not imply (i) that NBA sponsors, endorses, or is affiliated or associated with the linked Website, (ii) that NBA is legally authorized to use any trademark, trade name, logo, service mark, copyright symbol, legal or official seal, or other proprietary designation or symbol displayed in or accessible through the links, or (iii) the operator of any linked Website is authorized to use any trademark, trade name, logo, copyright symbol, or other proprietary designation in which NBA or any of its affiliates has any ownership or licensee interest.
51. ERRORS AND DELAYS: Neither NBA, any supplier or licensor or any owner or agent of any such person or entity is responsible for any errors or delays in responding to an inquiry, question or submission, including, without limitation, those caused by (i) an incorrect e-mail address or telephone number provided by you, (ii) the failure of Robert Schaller or any other individual to timely respond to a question or submission, or (iii) technical problems.
52. DISPUTE RESOLUTION: Any claim or controversy arising against NBA and/or Robert Schaller out of or relating to the use of the Web site, to the goods or services provided by NBA and/or Robert Schaller, or to any acts or omissions for which you may contend NBA and/or Robert schaller is/are liable, including but not limited to any claim or controversy as to arbitrability (“Dispute”), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of JAMS in force at that time. The arbitration shall be venued in DuPage County, Illinois (or Cook County, Illinois if none is available in DuPage County). The arbitrator shall be selected pursuant to the JAMS rules. Should no JAMS rule regarding the selection of an arbitrator be in effect, NBA shall select an arbitrator from a panel of arbitrators acceptable to NBA. The costs of arbitration shall be paid by you. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in DuPage County, Illinois only. The arbitrator shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages (which cannot exceed the total amount of money paid by you and received by NBA during the 180 calendar days immediately proceeding the initiation of the arbitration proceeding), and shall not multiply actual damages or award consequential, punitive or exemplary damages, and you irrevocably waive any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this Agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.
53. THIS AGREEMENT PROVIDES THAT ANY DISPUTE YOU ASSERT WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable and are subject to very limited review by a court. By using the Services or accessing the Web site, you consent to these restrictions.
54. Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and NBA, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the Circuit Court of the 18th Judicial Circuit, DuPage County, Illinois and federal court in the Northern District of Illinois. If NBA and/or Robert Schaller employs attorneys to enforce or defend any right in connection with any Dispute or lawsuit NBA and/or Robert Schaller shall be entitled to recover reasonable attorneys’ fees and costs from you. In no event will NBA and/or Robert Schaller be required to pay your attorneys' fees or costs.
55. Any claim or controversy arising against you out of or relating to the use of the Web site, to the goods or services provided by NBA and/or Robert Schaller (“Legal Claim”), shall be finally, and exclusively, adjudicated by the Circuit Court of the 18th Judicial Circuit, DuPage County, Illinois. The costs of all filing fees shall be paid by you. The court shall award compensatory damages, punitive damages, costs, and attorneys' fees against you. Despite paragraphs 52-54, you have the right to circumvent arbitration and file a counterclaim against NBA if and only if NBA initiates a lawsuit against you. However, if you counterclaim, the court shall not have the power to award you damages in excess of actual compensatory damages (which cannot exceed the total amount of money paid by you and received by NBA during the 180 calendar days immediately proceeding the initiation of the arbitration proceeding), and shall not multiply actual damages or award consequential, punitive or exemplary damages, and you irrevocably waive any claim thereto. If NBA and/or Robert Schaller employs attorneys to enforce or defend any right in connection with any Legal Claim or Dispute, then NBA and Robert Schaller shall be entitled to recover reasonable attorneys’ fees and costs from you. In no event will NBA and/or Robert Schaller be required to pay you punitive damages or pay your attorneys' fees or costs.
57. NBA’s contact information, should you need to contact NBA for any reason, is: National Bankruptcy Academy, Attention: Robert V. Schaller, President, 700 Commerce Drive, Suite 500, Oak Brook, IL 60523 Customer Service: (630)655-1233 E-mail: Schaller@SchallerLawFirm.com.
58. Security: NBA cannot and does not guarantee that the personal information you provide will not be intercepted by others and decrypted.
60. Business Transfer: We may, in the future, sell or otherwise transfer some or all of our assets or equity to a third party. Your personally identifiable information and other information we obtain from you via the Web site may be disclosed to any potential or actual third party purchasers of such assets or equity and may be among the assets transferred.
63. Opt-Out Instructions: If you choose not to receive our newsletters and other communications about products and services we think may interest you, then you may opt out by emailing NBA at Schaller@SchallerLawFirm.com. This opt-out does not apply to communications we have with you to complete your order or provide the service you requested. Understand, however, that, by electing this option, you may limit the functionality of the Web site and the amount of information and services we can provide to you. You may revoke your opt-out option at any time by contacting us using the information provided above.