User Agreement

Welcome to the general website ("NAVRA Site") for the National Alliance of Victims’ Rights Attorneys and Advocates ("NAVRA"), a project of the National Crime Victim Law Institute (NCVLI). The NAVRA Site is the website whose home page is located at www.navra.org and includes all web pages whose domain name contains the same. NCVLI owns and operates www.navra.org. NCVLI also operates other websites that do not contain this domain name, such as www.ncvli.org. This User Agreement does not apply to those websites (unless those websites specifically link to this User Agreement) and the terms of the user agreements for those other NCVLI websites may differ from the terms of this User Agreement.

Please carefully read this User Agreement, which includes the Online Privacy Statement (Click to view). The Online Privacy Statement describes how we handle any personal identifying information about NAVRA Site users. Your use of the NAVRA Site constitutes your agreement to the User Agreement. If you do not agree with the terms and conditions of the User Agreement, you may not use the NAVRA Site.

1. Modifications to this User Agreement

From time to time we may revise this User Agreement, so be sure to check these web pages occasionally. If we do make material changes, we will post a notice on our home page that the User Agreement has been modified and provide a link to the revised User Agreement. When you continue to use the NAVRA Site after we post a change, it means you accept the changes to the User Agreement.

2. Member Account

(a) Code of Ethics. By joining NAVRA, you agree to abide by the following code of ethics: To ensure the integrity of information provided and exchanged by NAVRA members and NCVLI, you agree that information provided and exchanged by NAVRA members and NCVLI (i) will be used to protect, enforce, and advance victims' rights and (ii) will not be used to undermine or oppose those rights.

(b) User Name & Password. If you register as a user of the NAVRA Site, you will be assigned a username and password that is unique to you. You are responsible for maintaining the confidentiality of the username and password, and responsible for all activities that occur under your username and password. Your right to use the NAVRA Site is not transferrable. Any password or right given to you to obtain information from the NAVRA Site is not transferrable. You agree to notify us of any unauthorized use of your username and password or any other breach of security at navra@lclark.edu.

3. Copyright

NCVLI owns or licenses the copyright in all the materials on the NAVRA Site, including text, graphics, logos, button icons, audio clips, video clips, photographs, and software; and those rights are protected by United States and international copyright laws and other intellectual property laws (“NAVRA Site Content”). To the extent your use of material on the NAVRA Site does not constitute “fair use” for which you do not need our permission, the following rules apply to use of the material:

Permitted Distribution: Unless otherwise indicated on the specific web page from which NAVRA Site Content is available, you may NOT copy or distribute any materials that appear on the NAVRA Site, in print or digital format. If you wish to copy or distribute any NAVRA Site Content for any reason, you can request permission by sending an email to navra@lclark.edu. Should permission to copy or distribute be granted, all distributed copies must display the following copyright notice:

     Copyright [2015 or other year indicated] NCVLI Reprinted with permission. Originally available at www.navra.org.

4. Trademark and Trade Dress

The National Alliance of Victims’ Rights Attorneys and Advocates, NAVRA, NAVRA logos, the design of the NAVRA Site, and any other protectable expression, mark, and design on the NAVRA Site (“NAVRA Site Trademarks”) are trademarks or trade dress of NCVLI and may not be used, other than for attribution, without express written permission from NCVLI. You can request permission by sending an email to navra@lclark.edu.

5. User-Generated Content

The NAVRA Site contains an online Member Directory (that includes personal identifying information that you agree, through your account profile setting, may be shared with other NAVRA members) designed to facilitate networking and information sharing among NAVRA members, and the NAVRA Site may contain or link to listservs, bulletin boards, chat areas, forums, and/or other message or communication facilities or services that NAVRA may use to enable you to communicate with the NAVRA members at large or a particular group of NAVRA members ("Communication Services"). You agree to use the Communication Services only for the proper and related purposes of the particular Communication Service. Use that would be considered improper and unrelated to any Communication Service includes, among other things, the following:

• • Use of language that defames, abuses, harasses, stalks, threatens or otherwise violates the legal rights (such as rights of privacy and publicity) of others.
  • The publication, distribution or dissemination of any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • The uploading or transmission of any files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • The uploading or transmission of any files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
  • The collection or use of of information about other members, including e-mail addresses and other information contained in their profiles, without their consent.
  • An act that violates any applicable laws or regulations.

We have no obligation to monitor the Communication Services. However, we reserves the right to review information posted to a Communication Service and to remove any information in our sole discretion. We reserve the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

We also reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information, in whole or in part, in our sole discretion.

We do not control, endorse, or assume any responsibility for the content or information authored or shared by third parties that may be found in any Communication Service. You expressly relieve NAVRA and NCVLI from any and all liability arising from your use of the Communication Services and any actions resulting from your participation in any Communication Service.

Information You Post to the NAVRA Site: To the extent the NAVRA Site allows you to voluntarily post material to the NAVRA Site for display on the NAVRA Site itself (e.g., your voluntary member profile), and you voluntarily do so, you grant to NAVRA an irrevocable, perpetual worldwide license for NAVRA to display such material on the NAVRA Site, except to the extent we have indicated otherwise on the portion of the NAVRA Site that permits you to post such information.

6. NAVRA Trainings

The NAVRA Site offers access to live webinars, audio and video recordings of webinars and in-person trainings, and other training products that address a wide range of topics that may be of interest to NAVRA members (NAVRA Training Programs). NAVRA Training Programs that have received approval for mandatory continuing legal education (MCLE) credit for attorneys from a particular state will be specifically labeled. Please review the descriptions carefully, as NAVRA and NCVLI are not responsible for your missed deadlines or ineligible MCLE credit submissions.

Many states’ MCLE rules allow attorneys to obtain MCLE credit for participating, listening, or viewing training programs that (a) have not been approved for MCLE credit in the attorney’s home state but (b) have been approved for MCLE credit in another state if the training material meets certain requirements. If a particular training program has not been identified as having received MCLE accreditation from your state, you are responsible for determining whether you may separately obtain MCLE credit for the training program. NAVRA and NCVLI are not responsible for determining whether any particular program will meet the MCLE requirement of any state other than the state(s) in which approval for MCLE credit has already obtained.

Access to Trainings:

(a) Live CLE Trainings --

The general public (non-NAVRA members) may register to attend Live CLE Trainings offered via the NAVRA Site. Registration and payment for Live CLE Trainings is handled through a third-party event registration vendor and a credit-card is required to complete your registration and payment. Once payment has been verified, you will have access to the live training on the date and time it is advertised.

Other forms of payment may be accepted at the sole discretion of NAVRA and must be arranged in advance of the training by submitting a written request to navra@lclark.edu.

NAVRA may offer coupon codes that can be applied to receive a discount for particular Live CLE Trainings. We reserve the right to verify that coupons are being used in accordance with the terms in which they are offered. We will cancel the registration of any registrant that uses a coupon code improperly and provide a full refund.

At the sole discretion of NAVRA, access to recordings of Live CLE Trainings may be available to paid registrants for a limited time after the original live date/time, if a recording is available.

(b) On Demand CLE Trainings --

To access On Demand CLE Trainings, you will have to create a Basic (free) NAVRA or Enhanced NAVRA account.

For paid content, once your payment through third-party vendor Paypal has been processed, you have 90 days to access that paid content through your account on the NAVRA Site. For free content, once you have finished the online store check-out process, you also have 90 days to access the content through your account on the NAVRA Site; you may continue to check-out free training content as long as your NAVRA membership remains active. Your right to use any NAVRA free or paid content is not transferable.

Other forms of payment may be accepted at the sole discretion of NAVRA and must be arranged in advance of the training by submitting a written request to navra@lclark.edu.

NAVRA may offer coupon codes that can be applied to receive a discount for particular On Demand CLE Trainings. We reserve the right to verify that coupons are being used in accordance with the terms in which they are offered. We will cancel the registration of any registrant that uses a coupon code improperly and provide a full refund.

From time to time, NAVRA may make its paid content available through a third-party website which may have different access terms and conditions.

Refunds: Refunds for paid NAVRA Training Programs will be issued only in the following circumstances:

(a) Live Sessions --

• • Cancellations before the live training:
    1. For webinars, you will receive a refund minus a small administrative fee of $5 if you contact us and cancel at least one hour before the training begins.
    2. For in-person trainings, you will receive a full refund minus a small administrative fee of $10 if you contact us and cancel at least 24 hours before the training begins.

• • Training no-shows
    1. If you were unable to attend a webinar for which you registered and paid and failed to notify NAVRA at least one hour before the training began, you will receive a link to the digital recording of the training to view at a later date. A refund will not be offered.
    2. If you were unable to attend an in-person training for which you registered and paid and failed to notify NAVRA at least 24 hours before the training began, a refund will not be offered. If a recording of the in-person training becomes available, you will receive access to the recording for 30 days.
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(b) Archived/On Demand Videos and Recordings (non-live content) --

• • Technical difficulties: If you purchase archived/on demand content and cannot access the content, a refund may be offered after you contact navra@lclark.edu by email and a technical resolution cannot be found in a reasonable period of time. If a refund is offered, you will lose access to unviewable content after the refund is issued.

Other refunds may be offered at the sole discretion of NAVRA and may result in the issuance of store credit for future MCLE or membership purchases instead of a refund of the initial payment.

7. Password Integrity

You are responsible for maintaining the confidentiality of the username and password for the NAVRA Site, and you are responsible for all activities that occur under your username and password. You agree to notify us of any unauthorized use of your username and password or any other breach of security at navra@lclark.edu.

8. Right to Access NAVRA Site Content Not Transferrable

Your right to access any NAVRA Site Content is not transferable. Any password or right given to you to obtain information is not transferable.

9. Links to Third-Party Websites

The NAVRA Site contains links to other websites that are not owned or controlled by NAVRA or NCVLI. We do not endorse or assume any responsibility for any such third-party sites, service, or content. When you link to another site, that other site is governed by its own user agreement and privacy statement, which you should be sure to read. You expressly relieve NAVRA and NCVLI from any and all liability arising from your use of any third-party site, service, or content.

10. Disclaimers and Limitation of Liability

THE NAVRA SITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE NAVRA SITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER NAVRA, NCVLI, NCVLI’S CONTRACTORS, EMPLOYEES, OR BOARD MEMBERS (COLLECTIVELY “NAVRA/NCVLI PARTIES”), PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT (a) THE NAVRA SITE AND CONTENT ARE ACCURATE, RELIABLE, CORRECT, OR NON-INFRINGING; (b) THE NAVRA SITE AND CONTENT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR (ci) THE NAVRA SITE AND CONTENT WILL BE ACCESSIBLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE.

ATTORNEYS MUST INDEPENDENTLY REVIEW AND ANALYZE THE CASES, LEGAL MEMORANDA, AMICUS BRIEFS, AND SAMPLE PLEADINGS AND TEMPLATES ACCESSIBLE FROM THIS SITE, INCLUDING ANY SUBSEQUENT HISTORY, AS WELL AS ANY CASES REFERENCED IN ANY TRAINING PROGRAMS AVAILABLE THROUGH THE NAVRA ONLINE STORE. THESE DATABASES AND PROGRAMS ARE INTENDED FOR EDUCATIONAL PURPOSES ONLY. NAVRA/NCVLI PARTIES MAKE NO WARRANTY REGARDING THE CURRENT STATUS OF ANY CASES CITED OR SUMMARIZED, NOR THE ACCURACY OR UTILITY OF THE LEGAL MEMORANDA, AMICUS BRIEFS, SAMPLE PLEADINGS AND TEMPLATES.

ALTHOUGH WE TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES,” OR OTHER DESTRUCTIVE MATERIALS TO THE NAVRA SITE, WE DO NOT GUARANTEE OR WARRANT THAT THE NAVRA SITE OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE NAVRA SITE ARE FREE FROM SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM THAT MAY BE ATTRIBUTABLE TO SUCH DESTRUCTIVE FEATURES.

WE ARE NOT LIABLE FOR ANY CLAIM, LOSS OR INJURY BASED ON ERRORS, OMISSIONS, INTERRUPTIONS, OR OTHER INACCURACIES IN THE NAVRA SITE, NOR FOR ANY CLAIM, LOSS OR INJURY THAT RESULTS FROM YOUR USE OF THE NAVRA SITE OR YOUR BREACH OF ANY PROVISION OF THIS USER AGREEMENT. WE ARE ALSO NOT LIABLE FOR ANY CLAIM, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE NAVRA SITE, YOUR ACCOUNT, OR ANY INFORMATION CONTAINED THEREIN.

11. Indemnification

To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless the NAVRA/NCVLI Parties from and against all claims arising from or in any way related to your use of the NAVRA Site and/or its content, a violation by you of this User Agreement, or any other actions connected with your use of the NAVRA Site and/or its content, including any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs and attorney fees. NAVRA/NCVLI Parties will provide prompt written notice of any such claims; however, any failure to provide such notice will not release you from any of your obligations pursuant to this section except to the extent that you are actually prejudiced by such failure, and it will not relieve you from any other liability that you may have to the NAVRA/NCVLI Parties other than under this section.

12. Termination

We reserve the right to terminate the NAVRA Site and this User Agreement at any time without notice for any reason, including, in the case of the User Agreement, termination for your violation of any of its provisions. The Limitation of Liability and Governing Law Sections of this User Agreement survive any such termination.

13. Governing Law

This User Agreement is governed by the laws of the State of Oregon applicable to contracts made and performed there, without regard to its conflicts of law principles. You agree to submit to the exclusive jurisdiction of the state and federal courts in the State of Oregon and waive any jurisdictional, venue, or inconvenient forum objections to such courts.