Effective: May 1, 2020
NexStream Technical Institute, LLC (herein referred to as “NexStream”, “NexStream Tech”, “NexStream Tek”, “Company”, “we” or “us”) provides the website at www.nexstreamtek.com (also reached via the link www.nexstreamtech.com) and the Learning Management System located at nexstreamtek.talentlms.com (collectively, the “Website”). The use of the Website, including all information, tools, products and services (“Services”) available from the Website to you, the user, is conditioned upon your acceptance and compliance with all the terms, conditions, policies and notices contained or stated herein (“Terms of Service” or “Terms”).
These Terms of Service apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, advertisers, and/or contributors of content.
Please read these Terms of Service fully and carefully before accessing or using the Website. By accessing or using any part of the Website, you indicate your acceptance of the Terms and agree to be bound by the Terms of Service. If you do not agree to all the Terms, then you may not access the Website or use any of the Services. If you have any questions regarding the Terms of Service, please contact us at firstname.lastname@example.org.
Any new features or tools which are added to the Website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
By agreeing to the Terms of Service, you represent that you are of legal age and can form a binding contract with NexStream. The access to the Website or the use of our Services by a minor who is your dependent is conditioned on your acceptance of the Term of Services and your consent to allow your minor the use of our Services. By creating your or your minor’s NexStream account and by your or your minor’s subsequent use of the Website and our Services, you agree to provide us with accurate and complete information, and you agree to update your information to keep it accurate and complete. Any use or access by anyone under the age of 13 is prohibited, and certain regions may have additional requirements and/or restrictions.
All the contents, features and functionalities (including but not limited to lessons, quizzes, tests, assignments, hands-on projects, presentations, logos, video and audio and the design and the arrangement of such material) presented at the Website are owned by NexStream, our Providers and our licensors and are protected under the United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary right laws.
Subject to these Terms and our policies, we grant you a limited, personal, non-exclusive, non-transferable, and revocable license to use our Services. Content from our Services may be downloaded only for your personal, non-commercial use. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services or any content or material on the Website through which the Services are provided, without express written permission by us. You also agree that you will create, access, and/or use only one account per user, unless expressly permitted by NexStream. You will not share with any third party access to or access information for your user account. The use of our Services, content or material does not entitle you to the ownership of any intellectual property rights in our Services or the content you access.
The files or content cached by your browser may be stored on your computer for usability enhancement only. No audio, photography, illustrations, animation sequence, video clips or graphics may be used separately from the original content that they were intended for. You may not remove, delete, alter or in any way tamper with any copyright, trademark or other proprietary rights notices or markings from any copies of the material from the Website.
Company’s name and any NexStream specific logo, infographics, icons, badges and all related names and slogans are trademarks of the Company or our affiliates and may not be used without the prior express written permission by us.
The products offered (“Offerings”) by NexStream are in the form of courses, interactive lessons, assignments, tests, quizzes, hands-on projects and content (“Content”) from NexStream instructors, industry experts, contractors and other providers (“Providers”). NexStream strives to provide timely and accurate Content from our Providers; however, unforeseen events do occur. We, therefore, reserve the right to cancel, end, reschedule, or modify any Offerings, or change the score or weight of any assignment, quiz, or other assessment. Offerings are subject to the Disclaimers and Limitation of Liability sections below.
Participation in or completion of Offerings does not confer any academic credit. NexStream, our instructors, and our Providers are under no obligation to have Offerings recognized by any educational institution or accreditation organization.
Nothing in these Terms or otherwise with respect to your participation in or completion of any Offerings at the facilities of any of our partners (“Partners”): (a) establishes any relationship between you and any Partners; (b) constitutes registration or enrollment in any Partner institution; or (c) entitles you to use the resources of any Partner Institution beyond the resources provided by the Partner for the purpose of the completion of the Offerings at the Partner institution.
Through our Services, we may provide you opportunities to share your content, such as homework, quizzes, exams, projects, other assignments you submit, posts to discussion groups, and the like ( collectively "User Contributions"), with us, our instructors, and/or other users. All User Contributions must comply with User Contribution Rules set out in our User Contribution and Use Policy.
Any User Contribution shared by you is considered your intellectual property to the extent permitted by law, and you are responsible for its content. User Contributions do not include course content or other materials made available on the Website by our Providers.
By providing a User Contribution, you grant NexStream a fully-transferable, royalty-free, perpetual, sublicensable, non-exclusive, worldwide license to reproduce, modify, distribute, translate, create derivative works based on, publicly perform, publicly display, and otherwise use or disclose to third parties any such material. This license includes granting NexStream the right to authorize Partners to use User Contributions. NexStream’s rights to User Contributions shall not be restricted by anything in these Terms, for example under other licenses. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove User Contributions that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or the User Contribution Rules set out in our User Contribution and Use Policy.
Suggestions, comments, ideas and other feedback regarding our Services (“User Feedback”) are encouraged and welcome by NexStream. If you provide Feedback, you grant us the right to the unrestricted use of the Feedback without any compensation to you. Accepting User Feedback does not waive our rights to use similar or related Feedback shared with us by our employees and Providers, or obtained through other means.
NexStream strives to provide its users with the most effective educational experience possible. In order to achieve this goal, we conduct analysis and research in teaching and learning experiences, including but not limited to rate of content absorption, content retention, level of expertise, and mastery of skills. The research is necessarily performed based on data points related to learning activities, including but not limited to in lesson quizzes, questions, tests or after lesson or course assignments, learning checkpoints, tests or evaluations (collectively “Education Data”) automatically generated by our system. Your personal identity will not be publicly disclosed in any reports or findings without your express consent.
By using our Website and Services, you acknowledge and agree to our collection of the Education Data. With the best of our ability, we endeavor to keep per user Education Data confidential. NexStream cannot guarantee the prevention of unauthorized third-party access to our systems and Education Data. Please notify us immediately if you suspect or are made aware of a breach of our security or unauthorized access to your Education Data by emailing mailto:email@example.com.
While the Website employs security measures to protect your account and related information, NexStream cannot guarantee unauthorized access to our systems. If, at any time, you suspect or are made aware of a compromise in our security system or an unauthorized access to your or any other user’s account, please notify us immediately by emailing firstname.lastname@example.org.
We may provide you with or direct you to access third-party tools over which we neither have any control nor any input.
You acknowledge and agree that access to such tools is provided on an ”as is” and “as available” basis without any warranties, representations or conditions of any kind and without any endorsement by us. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional third-party tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services or features through the website (including, the release of new tools and resources). Such new features or services shall also be subject to these Terms of Service.
NexStream takes copyright and trademark infringement claims seriously and strives to appropriately respond to such alleged claims in a timely manner. If in good faith, you know or are made aware of any material on our Services that might be infringing your copyrighted material, a request of removal of such material (or access thereto) from the Website may be submitted in writing in accordance with the Digital Millennium Copyright Act (“DMCA”) the text of which can be found at http://www.copyright.gov/legislation/dmca.pdf. The written notice must include the following information:
DMCA notices and counter-notices can be sent to:
NexStream Technology Institute, LLC
Attn: Copyright Agent
4653 Carmel Mountain Road, Suite 308/95
San Diego, CA 92130
Or emailed to: email@example.com
We do not make any claims about the content made available on the Website regarding the content’s accuracy, completeness, usefulness or timeliness. The material on the Website is provided solely for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary sources of information. Any reliance on the material on the Website is considered to be taken at your own risk.
The Website may contain third-party content, including material contributed by other users. NexStream is not responsible, or liable to you or any third-party, for the content, or accuracy, completeness, usefulness or timeliness of any material contributed by other users or any third parties.
The Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right, but are not obligated, to modify the contents of the Website at any time. You agree that it is your responsibility to monitor changes to our site.
Certain products or services (e.g. online courses) may be available exclusively online through the Website for a fee (“Paid Services”). All prices listed for Paid Services are in U.S. Dollars unless otherwise stated. You are responsible for paying all the fees, including any taxes when applicable, for your use of Paid Services. The payments are processed through the payment system associated with your choice of Paid Services. The detail of the payment systems are provided in Payment Systems below. If your account is past due or your method of payment fails, we may collect fees using other collection mechanisms. Paid Services may be subject to refund only according to our Refund Policy detailed below.
We use Authorize.net, a third-party payment system, to process payments for our paid Services. NexStream, however, does not store or maintain any credit card or payment information on its systems. For Authorize.net’s Terms of Service and policies, please visit: https://www.authorize.net/about-us/terms.html
We reserve the right, but are not obligated, to limit the sales or modify prices of our Paid Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
All descriptions of products or product pricing are subject to change at any time without prior notice, at our sole discretion. We reserve the right to modify or discontinue any of our Paid Services (or any part of the content thereof) at any time without prior notice. Any update, modification, change or cancellation of any Paid Services (including but not limited to prices) is effective immediately upon posting on the Website for the relevant Paid Services. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services (or any part thereof).
A refund may be available through our Refund Policy if any of the paid Services you are using is canceled, discontinued or otherwise terminated.
Any offer for any Paid Services made on the Website is void where prohibited.
We may, at our sole discretion, refuse or cancel any purchase of Paid Services you place with us. We reserve the right to refuse or cancel purchases that, in our sole judgment, appear to be fraudulent and/or contain misleading or inaccurate information. In the event that we cancel an order, we may attempt to notify you by contacting the e-mail, billing address or phone number provided at the time the purchase was made.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our Website. You agree to promptly update your account and other information, including your email address, home address and phone number where applicable, so that we can contact you as needed.
Certain content, products or services available via our Website may provide you with the ability to view, access and/or use material or content from third-parties through links to websites and services maintained by third parties. These links are provided for your convenience only.
We are not responsible for examining or evaluating such third-party content, and cannot guarantee that such content will be accurate or free of objectionable or otherwise inappropriate material or of malware or other viruses harmful to your computer, mobile electronic device, or any files therein. NexStream accepts no liability or responsibility for any third-party materials or websites that you may access or use via our Services. We are also not responsible or liable for your inability to access or use materials, content, products, or services of such third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you use or purchase any of such third-party’s services. Complaints, claims, concerns, or questions regarding third-party products should be directed to the relevant third-party.
At NexStream, our aspiration is to provide the best practical, industry relevant technical education to anyone in the world. At the core of this goal is the belief in preserving our users’ freedom of speech and expression as well as our instructors’ and Content Providers’ academic freedom and creativity. We also believe that a safe and comfortable environment is fundamental to the promoting our users’ and providers’ freedom of expression and creativity. Therefore, we have put this policy in place and expect anyone accessing the Website and using our Services to abide by them.
User Contribution Rules apply to all User Contributions shared with us through our Services. You are solely responsible for any User Contributions you make and their accuracy. We take no responsibility and assume no liability for any User Contributions shared by you or any third-party. We have the right, but not the obligation, to review, remove or edit any inappropriate User Contributions or activity identified by or reported to us.
We do not routinely undertake reviewing User Contributions before it is posted on the Website and cannot guarantee timely removal of any material that does not meet the rules outlined in this policy. We, therefore, assume no liability regarding our actions or inactions with regard to User Contributions or any material posted by any user or a third-party.
We may suspend, disable or terminate a user’s account and access to all or part of the Services for violating any part of this policy or Terms of Service.
You agree that your User Contributions will not:
In addition to other prohibitions as set forth above and in our Terms of Service, you are prohibited from using the Website, or our Services:
You are also prohibited to:
WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES WILL BE ACCURATE OR RELIABLE.YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICES AT ANY TIME, WITHOUT PRIOR NOTICE TO YOU.YOU EXPRESSLY AGREE THAT YOUR ACCESS OR USE OF, OR INABILITY TO USE, THE SERVICES IS AT YOUR OWN RISK. THE SERVICES AND ALL PRODUCTS, CONTENTS AND MATERIAL DELIVERED TO YOU THROUGH THE WEBSITE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED ON ‘AS IS’ AND ‘AS AVAILABLE’ BASIS FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO CASE SHALL NEXSTREAM TECHNICAL INSTITUTE, OUR SUBSIDIARIES, AFFILIATES, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUBCONTRACTORS, TEACHERS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS (“NEXSTREAM PARTIES”) BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. NEXSTREAM'S TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES SHALL IN NO CASE EXCEED TEN U.S. DOLLARS ($10) OR THE TOTAL AMOUNT OF FEES YOU PAID NEXSTREAM FOR YOUR USE OF PAID SERVICES DURING THE PAST SIX MONTHS, WHICHEVER IS GREATER.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING FROM YOUR USE OF THE SERVICES MUST BEGIN WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ENSUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
You agree to indemnify, defend and hold harmless NexStream Parties harmless from any and all claims, liabilities, expenses, damages, and demands, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
The Website and Services are provided and managed by NexStream Technical Institute LLC which is a California company located in the County of San Diego. These Terms of Service and all questions relating to its validity, interpretation, performance and enforcement shall be governed by and construed in accordance with the laws of California, United States of America, without giving effect to laws governing conflict of laws. You agree and accept that any legal action or proceeding shall be brought in the federal or state courts for the State of California, County of Santa Diego as the legal forum for any such proceedings.
You consent to voluntarily agree that for any dispute related to the Services where the total damages sought are less than ten thousand U.S. Dollars ($10,000.00 USD), either NexStream or you may elect to resolve the claim through binding arbitration to be held in the County of San Diego, State of California, in accordance with the then-current rules of the American Arbitration Association (“AAA”). The election for arbitration may commence at any point during the dispute. Judgment may be entered on the arbitrator’s decision in any court having competent jurisdiction.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service at any time by posting updates and changes to our Website. Changes are effective immediately upon posting to the Website. We will make all reasonable efforts to inform you of such changes through a banner on the Website, email notification or a combination thereof. Your continued use of or access to our Website or the Services following the posting of any changes to these Terms of Service, with or without notification, constitutes your agreement to and acceptance of all such changes.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall be interpreted so as to best accomplish the objectives of such provision and as such shall be enforceable to the fullest extent permitted by applicable law; the unenforceable portion shall be deemed to be severed from these Terms of Service; and such determination shall not affect the validity and enforceability of any other remaining provisions of these Terms of Service.
Company’s failure to insist or enforce your strict adherence to any provision of these Terms of Service or its failure to exercise any rights or remedies that the company is entitled to under this policy shall in no way constitute a waiver of such rights or remedies and will not relieve you of your obligations to comply with such provision. No waiver of any provision in these Terms of Service is considered effective unless such waiver is expressly stated and communicated to you in a written notice by the Company.
Headings in the text of the Terms of Service are inserted for your convenience only and are not to be considered of any special meaning when interpreting this agreement.
These Terms of Service, together with policies and operating rules posted by us on the Website, constitutes the sole and entire agreement and understanding between you and NexStream and govern your use of the Services, superseding any prior or contemporaneous agreements, understandings, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service) with respect to the Website and our Services.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Website.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also terminate this agreement at our sole discretion any time without prior notice. You will remain liable for all amounts due for your use of any of our Paid Services up to and including the date of termination; and/or we may accordingly deny you access to our Services (or any part thereof).
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
If you have any questions or concerns arising from our Terms of Service, please contact us at firstname.lastname@example.org
NexStream’s refund deadlines, amounts and procedures are detailed in the subsections below and within this refund policy. Please note that the refund policies and procedures may differ for between our subscription program, individual course and course bundle purchases. Note that violations of our Terms of Service and subsequent suspension or termination of your account due to such violations does not entitle you to a refund of your purchase even if the request for a refund is made within the Refund Period. Additionally, not receiving a passing or otherwise satisfying grade in an Offering (including but not limited to online courses, assignments, tests, hands-on projects or Instructor Led Trainings) does not entitle you to a late refund.
For any questions or clarifications on our Refund Policy, please contact us at email@example.com.
There are no refunds available for month to month subscriptions. You will continue being charged for your month to month subscription at the beginning of each calendar month until you cancel or your subscription is discontinued by us. In order to cancel your subscription, you must inform us of your desire to cancel your month to month subscription by providing us with a written notice (via physical mail or email: firstname.lastname@example.org) before the 25th of the calendar month (“Subscription Cancellation Period”).
Upon receiving your cancellation note within the Subscription Cancelation Period, your subscription will be cancelled effective the end of the calendar month during which the cancellation note was received. Your access to your subscription Offerings will continue until the end of that month, but you will not be entitled to a refund.
Our courses are primarily self-paced, composed of multiple sections and units and are designed to be completed on average in 4 one and a half (1.5) hours (equivalent to a total of 6 hours) of Instructor Assisted Project Sessions (also known as Instructor Led Training (“ILT”) in our Learning Management System). Instructor Assisted Project Sessions (“IAPS”) are of one and a half (1.5) hour duration and are scheduled either once a week during regular operation or every day during intensive camps. Moreover, the progress in a course is tracked by our system as a percentage of the course material including but not limited to self-paced lessons, instructional videos, quizzes, tests, assignments and hands-on projects (collectively “Course Content”).
The Refund Period to receive a full refund for individual course purchases is the first 2 IAPS (equivalent to the first 3 hours of the IAPS) or before the completion of 50% of the Course Content whichever is earlier. To avoid any confusion, if more than 3 hours of IAPS has passed, you will not receive a refund even if you have completed less than 50% of the Course Content. If you have completed more than 50% of the Course Content, you will not receive a refund even if it is within the first 3 hours of IAPS.
For a full refund, written refund requests must be received by us within the Refund Period via either physical mail or email: email@example.com.
For each individual course purchases, you are entitled to a maximum of 6 IAPS (equivalent to 9 hours of IAPS) (“Course Expiration Period”). If you do not complete the course within the Course Expiration Period tracked from the time of your purchase date, your registration will expire, and you will need to pay to re-enroll in the course.
Our course bundles are a collection of individual courses that may be offered at a discounted price. As described in the “Individual Course Purchase” section, each individual course within a bundle consists of Course Content to be completed on average in 4 IAPS. The completion of individual courses is tracked as the percentage of the Course Content completed. The refund policy for each course within the bundle is the same as the refund policy for Individual Course Purchases. Therefore, once you have started a new course from the bundle, the Refund Period constitutes the first 2 IAPS (equivalent to the first 3 hours of the IAPS) or before the completion of 50% of the Course Content for that course whichever is earlier. You may request a refund for all the uncompleted courses in a bundle in one written request.
For a full refund, at the discounted rate applied to the bundle where applicable, written refund requests must be received by us within the Refund Period via either physical mail or email: firstname.lastname@example.org. The Course Expiration Period for each course in a bundle is the same as the Course Expiration Period for individual courses. In other words, for each course within a bundle, you are entitled to a maximum of 6 IAPS (equivalent to 9 hours of IAPS). If you do not complete the course within the Course Expiration Period tracked from the time of your start of each course within the bundle, your registration for that course will expire, and you will need to pay (possibly at full price) to re-enroll in that course.