NeoBilities, LLC Terms and Conditions
Last Updated: [February, 2025]
1. Introduction
Welcome to NeoBilities LLC ("Company," "we," "our," or "us"). These Terms and Conditions ("Terms") govern your access to and use of our services, including our website, consulting services, educational content, accessibility audits, and training programs (collectively, the "Services").
By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.
2. Services Description
NeoBilities provides disability education, consulting, and accessibility audit services. Our services may include, but are not limited to:
- Accessibility audits and assessments
- Professional training and educational programs
- Consulting services
- Online courses and educational materials
- Workshops and presentations
3. User Responsibilities
3.1 Accuracy of Information
You agree to provide accurate, current, and complete information during the registration process and in all your interactions with our Services.
3.2 Compliance with Laws
You agree to use our Services in compliance with all applicable laws, regulations, and codes of practice.
3.3 Professional Implementation
You acknowledge that any recommendations, strategies, or guidance provided through our Services require professional judgment during implementation. While we provide expert advice, the responsibility for implementation and outcomes remains with you or your organization.
4. Payment Terms
4.1 Fees and Charges
Fees for our Services are as listed on our website or as agreed upon in writing. All fees are in US dollars unless otherwise specified.
4.2 Payment Methods
We accept payment via credit card, debit card, and other payment methods as specified on our website or invoice.
4.3 Billing and Invoicing
For fixed-price services, payment is due at the time of purchase unless otherwise agreed in writing. For custom-priced services, payment terms will be specified in your custom quote or agreement.
4.4 Refund Policy
For accessibility audits and consulting services:
- Cancellations made 7 or more business days before scheduled services will receive a full refund minus a 10% administrative fee.
- Cancellations made 2-6 business days before scheduled services will receive a 50% refund.
- Cancellations made less than 48 hours before scheduled services are non-refundable.
For educational courses and materials:
- Online course purchases are non-refundable once access has been granted.
- If technical issues prevent access to online materials, you must notify us within 48 hours of purchase for assistance or potential refund consideration.
5. Intellectual Property Rights
5.1 Our Intellectual Property
All content, materials, and resources provided through our Services, including but not limited to text, graphics, logos, images, audio clips, digital downloads, data compilations, software, trademarks, service marks, assessment tools, reports, presentations, and educational materials, are the property of NeoBilities LLC or our content suppliers and are protected by United States and international copyright, trademark, and other intellectual property laws.
5.2 Limited License
We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Services and associated materials solely for your personal or internal business purposes. This license does not include:
a) Any resale or commercial use of our Services or materials;
b) Reproduction, distribution, public performance, or public display of any materials;
c) Modification or creation of derivative works;
d) Use of any data mining, robots, or similar data gathering and extraction methods;
e) Downloading (other than page caching) of any portion of the website or materials, except as expressly permitted;
f) Any use of the Services or materials other than for their intended purpose.
5.3 Educational Materials and Recordings
All educational materials, workshop content, training materials, and session recordings remain the exclusive property of NeoBilities LLC. The purchase of our Services grants you a license to use these materials for personal or internal organizational use only.
a) You may not reproduce, distribute, or share these materials with third parties without our express written permission;
b) Session recordings are provided for your reference only and may not be shared, distributed, or displayed publicly;
c) Materials may not be used to develop competing products or services.
5.4 Feedback and Contributions
Any feedback, comments, ideas, improvements, or suggestions you provide regarding our Services shall become our sole and exclusive property. We shall be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, and otherwise exploit such feedback without restriction or compensation to you.
6. Confidentiality
6.1 Your Information
We respect the confidentiality of information you share with us. Please refer to our Privacy Policy for details on how we collect, use, and protect your information.
6.2 Confidential Information
During the provision of our Services, we may have access to your confidential information. We agree to:
- Maintain the confidentiality of such information;
- Use it only for the purpose of providing our Services;
- Not disclose it to third parties without your consent, except as required by law.
6.3 Data Retention
We will retain your information for as long as necessary to provide our Services and as required by law. We may anonymize certain data for research and educational purposes.
7. Warranties and Disclaimers
7.1 Service Warranty
We warrant that our Services will be performed with reasonable skill and care by qualified professionals. However, we cannot guarantee specific outcomes or results.
7.2 Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
7.3 Professional Advice
Our Services may include information related to accessibility, disability inclusion, and related topics. Such information is for general informational purposes only and does not constitute professional legal, medical, or regulatory compliance advice. You should consult with appropriate professionals for specific advice tailored to your situation.
8. Limitation of Liability
IN NO EVENT SHALL NEOBILITIES LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE USE OF OR INABILITY TO USE THE SERVICES, OR ANY CONTENT PROVIDED BY NEOBILITIES LLC, EVEN IF NEOBILITIES LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES SHALL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID US FOR THE APPLICABLE SERVICE IN THE LAST 12 MONTHS.
9. Indemnification
You agree to indemnify, defend, and hold harmless NeoBilities LLC and its officers, directors, employees, and agents, from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Services, your violation of these Terms, or your violation of any rights of another.
10. Term and Termination
10.1 Term
These Terms shall remain in full force and effect while you use the Services.
10.2 Termination by You
You may terminate these Terms at any time by ceasing to use our Services and, if applicable, canceling any subscriptions or ongoing services according to our cancellation policy.
10.3 Termination by Us
We reserve the right, at our sole discretion, to terminate or suspend your access to all or part of our Services, with or without notice and without liability, for any reason, including, without limitation, breach of these Terms or conduct that we determine to be harmful to our interests, the interests of other users, or third parties.
10.4 Effect of Termination
Upon termination, your right to use our Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
11. Changes to Terms
We reserve the right to modify these Terms at any time at our sole discretion. If we make material changes to these Terms, we will provide notice through our Services or by other means. Your continued use of the Services after the changes have been made will constitute your acceptance of the revised Terms.
12. General Provisions
12.1 Entire Agreement
These Terms constitute the entire agreement between you and NeoBilities regarding the Services and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning the subject matter.
12.2 Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced to the fullest extent under law.
12.3 No Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.
12.4 Assignment
You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, without our prior written consent. We may assign these Terms at any time without notice or consent.
12.5 Governing Law
These Terms shall be governed by the laws of the State of [Your State], without regard to its conflict of law principles. You and NeoBilities agree to submit to the personal and exclusive jurisdiction of the courts located within [Your County, Your State].
12.6 Force Majeure
We will not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, terrorism, riots, civil unrest, embargoes, strikes, or other force majeure events.
12.7 Contact Information
If you have any questions about these Terms, please contact us at:
NeoBilities, LLC
Email: [email protected]
Website: nobilities.com
By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.