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Terms of Service

Last modification: August 05, 2023. Policies and procedures are subject to change without notice.

Terms of Services

1. Introduction

a. Definition of Terms

  • “NLSA”: Refers to the National Live Scan Association®, including its subsidiaries and affiliates.
  • “Site”: Refers to the websites, mobile applications, online platforms, and related services provided by NLSA.
  • “Services”: Refers to all services provided by NLSA, including but not limited to membership, training, events, and online resources.
  • “Content”: Refers to any information, data, text, images, videos, or other materials accessible through the Services.
  • “User Content”: Refers to any Content that you upload, submit, post, or transmit through the Services.
  • “You” or “Your”: Refers to you as the user of the Services, whether an individual or an entity.

b. Acceptance of Terms

  • By accessing or using the Services in any manner, including but not limited to visiting or browsing any part of the Services, you agree to be bound by this ToS and our Privacy Policy, which is incorporated herein by reference.
  • If you do not agree to the terms of this Agreement, you must not access or use the Services.
  • If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to this Agreement.

c. Modifications to Terms

  • We reserve the right to modify or update this Agreement at any time without prior notice.
  • The most current version of the Agreement will be posted on our website, and your continued use of the Services after any modifications constitutes your acceptance of the updated Agreement.
  • We encourage you to review this Agreement periodically for any changes.

2. Membership and Subscriptions

a. Membership Eligibility

  • Membership in the National Live Scan Association® (NLSA) is open to individuals, businesses, and organizations involved in or supporting the fingerprinting and background screening industry.
  • To become a member, applicants must complete the membership application process and meet the eligibility criteria established by NLSA.
  • NLSA reserves the right to review and approve or deny membership applications at its sole discretion.

b. Membership Benefits

  • As an NLSA member, you gain access to a comprehensive suite of resources, tools, and support services designed to enhance your professional development and business growth in the fingerprinting industry.
  • Key benefits include access to online training platforms, certification programs, industry events and webinars, downloadable resources, and a vibrant community of professionals.
  • Additional benefits may include discounts on products and services, marketing and promotional opportunities, and advocacy efforts on behalf of the industry.

c. Membership Subscription Renewal and Cancellation Policy

Renewal Terms

  • All membership subscriptions automatically renew for successive periods of the same duration as the original term.
  • Example: Annual memberships renew yearly, and monthly memberships renew monthly.

Renewal Rates

  • Renewal rates are subject to change, and notification of any rate changes will be provided prior to renewal.
  • By continuing your membership, you authorize NLSA to charge your payment method on file at the then-current renewal rate.

Cancellation Process

  • To cancel your membership and avoid renewal charges, you must email Support(at)LiveScan(dot)email before your renewal date.
  • Example: For an annual membership renewing April 1st, your cancellation request must be received by March 31st.

Access After Cancellation

  • If you cancel your annual subscription two months before your payment is due, you will still have access for another two months.
  • There are no refunds for canceled subscriptions.
  • After your subscription lapses, you can only use items licensed for Project Use for the specified project.

No Refunds After Renewal Payment

  • No refunds or credits will be provided once your renewal payment has been processed, even if cancellation is requested during that renewal period.
  • Example: If your annual membership renews on April 1st and you request a refund on June 1st, no refund will be given. Access continues until March 31st of the following year.

No Same-Day Refunds

  • No refunds will be provided for requests made on the same day as the renewal payment date, as you have been granted access for the entire renewal term.
  • Example: For an annual membership renewed on April 1st, if you request a refund later that same day, no refund will be issued. You have already been provided access for the entire annual term by allowing the renewal.

No Partial Refunds

  • No partial refunds will be issued if you cancel your membership during a renewal period you have already paid for.

Upgrading Subscriptions

  • If you want to upgrade from a monthly to an annual subscription, the remaining days in your monthly subscription will be discounted from your annual subscription fee, so you don’t get charged twice.

Immediate Termination for Violations

  • NLSA reserves the right to immediately terminate your membership subscription and access to all associated benefits, services, and resources if we determine, in our sole discretion, that you have committed fraud, provided dishonest or false information, violated our Terms of Service, Rules of the Road, Etiquette Policy, or any other applicable policies.
  • In such cases, your membership will be canceled effective immediately, and you will forfeit any potential refunds, credits, or monies in your account.
  • Submission of false dispute claims or attempts to circumvent our policies through deceptive means will also result in immediate termination under this provision.
  • NLSA has a zero-tolerance policy for fraudulent activities, dishonesty, or violations of our terms and policies. Any such actions will lead to the prompt revocation of your membership and forfeiture of all associated benefits, refunds, and account balances.

d. Membership Dues and Payment Terms

  • Membership dues are payable in advance and are non-refundable.
  • Acceptable payment methods include credit card, debit card, and other secure online payment options specified by NLSA.
  • Failure to pay membership dues or any other outstanding fees may result in the suspension or termination of your membership and associated benefits.
  • NLSA reserves the right to adjust membership dues and fees at any time, with reasonable notice provided to members.

3. Events, Programs, and Training

a. Registration and Enrollment

  • Spaces Limited: Spaces for events, programs, and training sessions are limited and are reserved on a first-come, first-served basis.
  • Registration Confirmation: Registration is confirmed upon receipt of the required payment. Confirmation will be sent via US Mail and/or email within five (5) business days after registration. If confirmation is not received within two (2) days of the event date, please contact NLSA to confirm your reservation.
  • Event Hours & Check-in: Check-in begins 15 minutes before the event’s start time. Please allow time for check-in, as events will begin on time. Depending on the duration of the event and start/stop time, a 30–45-minute lunch break may be scheduled. Please review the event schedule and plan to make your lunch arrangements.

b. Cancellations, Transfers, and Substitutions

Cancellation Policy:

  • Cancellations received by 1:00 pm Pacific Time (PT) fifteen (15) days before the scheduled event date will receive a refund less than a $45 or 15% cancellation penalty, whichever is higher.
  • Cancellations received by 1:00 pm PT, seven (7) days before the scheduled event date, will receive a refund less a 50% cancellation penalty.
  • No refunds will be issued for cancellations received less than seven (7) days before the event date.
  •  

Transfer Requests:

  • One-time event transfer requests must be received by 1:00 pm PT, fifteen (15) days before the scheduled event and will be processed at no charge.
  • Transfer requests received after this time will be assessed a $45 or 15% administrative fee, whichever is higher. The assessed transfer fee reflects a one-time event transfer only.
  • These requirements are applicable for each additional request made by the participant. Attendee participation must be completed within one (1) year of the initial event date.
  •  

Substitutions:

  • With advanced notice, attendee substitution is permitted with written acceptance. Admittance to late arrivals is at the discretion of the facilitator and/or instructor; cancellation, transfer, and substitution policies will apply.

c. Refund and Discount Policies

Refunds Issued:

  • Allow 4-6 weeks for processing. Refunds for credit card payments will be credited back to the original card number. Refund checks for payments not made by credit card are mailed to the payee’s address we have on file.

No Refunds for Online Courses:

  • All online courses are non-refundable and non-transferable.

Discounts:

  • Only one (1) discount may be applied to individual registration. Under no circumstances can any of the discounts be combined. Your registration must be paid in full before the Early Bird and Discount deadlines to receive the pricing for those discounts.

d. Event Logistics (Check-in, Materials, Parking, etc.)

Check-in

  • Check-in begins 15 minutes before the event start time. Please allow time for check-in, as events will begin on time.

Materials:

  • Unless otherwise noted in the description, all training materials will be provided for the NLSA classes and events.

Parking:

  • Parking is on a first-come, first-served basis. Unless otherwise stated in the event description, there is no parking validation. We suggest you arrive sufficiently early to ensure space availability. Contact NLSA National Live Scan Classes™ for information on parking locations and rates.

e. Mobile/On-Site Training

  • Customization: Let us bring our seminars and workshops to your organization and customize them to suit your needs.
  • Contact Information: Learn more about On-Site Training by contacting us at (888) 498-8594 to speak with one of our friendly Event Representatives.

f. Availability

  • First-Come, First-Served: Mobile/On-Site Training is available on a first-come, first-served basis and is subject to scheduling availability

g. Minimum Attendees

  • Minimum Requirement: Recommended minimum of 5-6 attendees for Mobile/On-Site Training sessions.

h. Provision of Training Materials

  • Materials Provided: Unless otherwise noted in the description, all training materials will be provided for the NLSA classes and events.

i. Quality Learning Experience

  • Commitment to Quality: The National Live Scan Association® (NLSA) makes every effort to ensure a quality learning experience. If NLSA cancels an event, registered participants will receive a 100% refund.

4. Intellectual Property Rights

a. NLSA's Proprietary Rights

  • Ownership: The Site, including all content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), is owned by the National Live Scan Association® (NLSA), its licensors, or other providers of such material and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
  • Trademarks: The NLSA name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of NLSA or its affiliates or licensors. You must not use such marks without the prior written permission of NLSA. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

b. Limited License to Users

  • License Grant: NLSA grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Site and its content for your personal, non-commercial use only, subject to the terms and conditions of these Terms of Service.
  • Restrictions: You may not:
    • Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Site.
    • Use the Site or its content for any commercial purpose without the prior written consent of NLSA.
    • Remove or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Site.
    • Access or use for any commercial purposes any part of the Site or any services or materials available through the Site.

c. User-Generated Content and Licenses

  • User Content: By posting or submitting any material (including, without limitation, text, photos, and videos) to the Site, you represent and warrant that:
    • You are the owner of the material or have obtained all necessary rights and permissions from the owner of the material to use and authorize NLSA to use the material as described in these Terms of Service.
    • You are at least 13 years old.
  • License to NLSA: When you submit or post material, you grant to NLSA a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display it (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology. This grant shall include the right to exploit any proprietary rights in any such material.
  • Right to Identify: You also grant NLSA, and anyone authorized by NLSA, the right to identify you as the author of any of your postings or submissions by name, email address, or Member name, as NLSA deems appropriate.
  • Responsibility for User Content: You will be solely responsible for any damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any uploading, posting, or submission. NLSA is not responsible for any offensive, defamatory, or obscene posting on the message boards or other Interactive Features of the Site. We reserve the right at all times to disclose any information we believe necessary to satisfy any law, regulation, or governmental request or to refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are inappropriate, objectionable, or in violation of these Terms of Service.

5. User Conduct and Responsibilities

a. Prohibited Activities

  • Lawful Use Only: The Site and Services shall be used for lawful purposes only. You shall not:
    • Engage in any conduct that restricts or inhibits any other user from using or enjoying the Site.
    • Post or transmit any material that violates our rights or the rights of others, including, without limitation, privacy rights, publicity rights, copyrights, trademark rights, patent rights, contract rights, or any other right.
    • Use the Site to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
    • Interfere with or disrupt any servers or networks used to provide the Site or its features or disobey any requirements, procedures, policies, or regulations of the networks we use to provide the Site.
    • Use the Site in an unlawful, threatening, or abusive manner, including without limitation, to promote racism, bigotry, hatred, or physical harm of any kind against any group or individual.
    • Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site by hacking, password mining, or other illicit means.
    • Obtain or attempt to obtain any materials or information not intentionally made available through this Site.
    • Use the Site to post or transmit any vulgar, obscene, or otherwise objectionable information of any kind, including any transmissions that encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
    • Use the Site to post or transmit any information, software, or other material that contains a virus or other harmful component.
    • Use the Site to post, transmit, or in any way exploit any information, software, or other material for commercial purposes or that contains advertising.
    • Engage in advertising or commercial solicitation of any product or service or to solicit donations of any kind on the Site without our written consent.
    • Gather for marketing purposes any e-mail addresses or other personal information that has been posted by other users of the Site.

b. Interactive Features and Message Boards

  • User Responsibility: You are responsible for any material you post on message boards or provide through any other Interactive Features on the Site. We do not control the messages, information, or files you or others may provide through the Site.
  • Monitoring and Moderation: We reserve the right to monitor the content of the message boards or other Interactive Features to determine compliance with this Agreement and any other operating rules we establish. We shall have the right in our sole discretion to edit, refuse to post, or remove any material submitted to or posted on the message boards or other Interactive Features of the Site.
  • Disclaimer: We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice, or statement on the message boards or other Interactive Features of the Site, whether provided by us, our employees, or a third party. Under no circumstances will we be liable for any loss or damage of any kind caused by reliance on information obtained through postings on the message boards or other Interactive Features of the Site.
  • Offensive Content: We are not responsible for any offensive, defamatory, or obscene posting on the message boards or other Interactive Features of the Site. We reserve the right at all times to disclose any information we believe necessary to satisfy any law, regulation, or governmental request or to refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are inappropriate, objectionable, or in violation of these Terms of Service.
  • Access Denial: We also reserve the right to deny access to the Site or any features of the Site to anyone who violates these Terms of Service or who, in our sole judgment, interferes with the ability of others to enjoy our Website or infringes the rights of others.

c. Mentoring and Counseling Services

  • Request for Counseling: By submitting a request to participate in counseling, and when you participate in counseling, you are signifying that you agree to the terms and conditions of our counseling outlined as follows:
    • You request business management counseling from NLSA.
    • You agree to cooperate should you be selected to participate in surveys designed to evaluate your training and business development.
    • By submitting an NLSA application, you authorize NLSA to furnish relevant information to the assigned mentor(s).
  • Mentor Conduct: All mentors have agreed not to:
    • Recommend goods or services from sources in which he/she has an interest.
    • Accept fees or commissions developing from this counseling relationship.
  • Waiver of Claims: In consideration of the furnishing of management or technical assistance, you waive all claims against NLSA, their host organizations, and other NLSA resource mentors arising from this assistance.
  • Non-Professional Advice: Our mentors are not providing advice pursuant to the authority of professional certifications or licenses they may hold, and you will not treat information provided by our mentors as such. You further understand that you are not entering into a relationship with our mentors that entitle you to client privileges that may be associated with any professional certifications or licenses that our mentors may hold.
  • No Legal Practice: The NLSA does not engage in the practice of law. This includes but is not limited to providing specific legal advice, representing an individual in litigation or any legal proceeding, or otherwise practicing law as defined by applicable state law. The NLSA does not engage in conduct that leads to the creation of an attorney-client relationship.

6. Payments & Discounts

a. Mentoring and Counseling Services

  • Payment Methods: Acceptable check payment types are money orders and certified checks in US dollars only. Personal and business checks will not be accepted.
  • Purchase Orders: A purchase order is not considered a form of payment. If you submit payment via check by mail, contact our office for any additional instructions before payment submission.

b. Check Payment Deadline

  • Postmark Requirement: Mailed checks must be postmarked by the corresponding deadline to receive the “registration date” pricing.
  • Payable To: Checks are to be made payable to “National Live Scan.”
  • Signature Requirement: If applicable, please ensure you sign where required.
  • Receipt Deadline: Checks must be received five (5) business days before the event date(s). If you arrive on-site with a balance due, you will be required to pay the full on-site price for the event(s) selected.

c. Return Check Policy

  • Service Charge: It is the policy of NLSA to assess a charge of $42, or 5% of the amount of the check, whichever is greater, for returned checks.
  • Payment of Returned Check: Payment of the returned check and service charge must be made with cash, cashier’s check, money order, or credit card online only.
  • Collection and Legal Services: NLSA reserves the right to refer unpaid obligations to collection and/or legal services.

d. Discounts

  • Single Discount Policy: Only ONE (1) discount may be applied to individual registration. Under no circumstances can any of the discounts be combined.
  • Payment Requirement: Your registration must be paid for in full before the Early Bird and Discount deadlines to receive the pricing for those discounts.

e. Nonpayment and Collection Policy

Payment Obligation
Payment for all services rendered by NLSA, including but not limited to fingerprinting and background check services, is due as specified at the time of service or as otherwise communicated in writing. Failure to pay as agreed constitutes a breach of contract and may result in the following actions:

  • Service Suspension/Record Deletion: NLSA reserves the right to suspend or terminate access to services, and to delete any associated records, if payment is not received within the required timeframe.
  • Reporting to Agencies/Authorities: If payment remains outstanding, NLSA may notify all relevant agencies, organizations, or authorities associated with your service or application (including, but not limited to, licensing boards, certification bodies, or other regulatory entities) and may submit any necessary reports to the appropriate authorities. These actions may impact your application or licensing process.
  • Collection and Legal Action: NLSA reserves the right to pursue all available remedies for nonpayment, including engaging collection agencies, assessing late fees or interest (as permitted by law), and initiating legal proceedings to recover the debt and any associated costs, including reasonable attorneys’ fees.
  • Ongoing Obligation: Payment for services rendered is still required, regardless of whether records are deleted or transmitted to third parties.

Notification and Communication
NLSA will make reasonable efforts to contact clients regarding outstanding balances, including email, text, and phone communications. All correspondence will include information on how to resolve the balance and an invitation to contact us with any questions or concerns. If you have not responded to our communications, we may proceed with additional actions as outlined above.

Dispute Process
If you believe there is an error or dispute regarding your payment obligation, you must notify NLSA in writing by email within three (3) calendar days of receiving notice of nonpayment. Your written notice must include a detailed explanation of the dispute and any supporting documentation. NLSA will review your submission and respond promptly in accordance with our dispute resolution policy.

  • Digital Footprint Requirement: Dispute notifications must be sent to Support(at)LiveScan(dot)email. Disputes submitted by mail, phone, or other means will not be accepted unless expressly authorized by NLSA. You are responsible for retaining proof of your digital submission (such as a sent email confirmation).

  • Failure to Dispute: If you do not submit a dispute within three (3) calendar days via the required digital method, the outstanding balance will be considered valid and due.

Documentation and Evidence
NLSA maintains records of all service agreements, communications, and payment requests. These records may be used as evidence in any dispute, collection, or legal process.

f. Email Notification Requirement

  • Written Requests: All requests must be made in writing via email to the corporate office at Support(at)LiveScan(dot)email.
  • Phone Calls: If you call to let us know of changes, you will still be required to submit such a request in writing.
  • Acknowledgment of Receipt: NLSA will not be deemed to have accepted any electronic communication unless NLSA provides the sender of the electronic communication with an acknowledgment verifying receipt of the communication.

7. Electronic Communications

a. Written Requests

  • Submission Requirement: All requests, including but not limited to cancellations, transfers, substitutions, and other communications, must be made in writing via email to the corporate office at Support(at)LiveScan(dot)email.
  • Phone Calls: If you call to inform us of changes or requests, you will still be required to submit such requests in writing via email. Verbal requests will not be considered valid until confirmed in writing.
  • Content of Requests: Written requests must include all relevant details, such as your full name, contact information, event or service details, and a clear description of the request or change being made.

b. Acknowledgment of Receipt

  • Confirmation of Receipt: NLSA will not be deemed to have accepted any electronic communication unless NLSA provides the sender of the electronic communication with an acknowledgment verifying receipt of the communication.
  • Response Time: We will endeavor to acknowledge receipt of your written request within five (5) business days. If you do not receive an acknowledgment within this timeframe, please follow up to ensure your request was received.
  • Record Keeping: It is your responsibility to retain a copy of the acknowledgment of receipt for your records. This acknowledgment serves as proof that your request was received by NLSA.

8. Privacy and Data Protection

a. Collection and Use of Personal Information

  • Personal Information Collection: We collect personal information that you voluntarily provide to us when registering for events, subscribing to our services, or interacting with our Site. This information may include your name, email address, phone number, payment information, and other relevant details.
  • Use of Personal Information: The personal information we collect is used to provide and improve our services, process transactions, communicate with you, and for other purposes as described in our Privacy Policy. This includes:
    • Processing your registration and payments for events and subscriptions.
    • Sending you updates, newsletters, and promotional materials.
    • Responding to your inquiries and providing customer support.
    • Conducting surveys and research to improve our services.
  • Consent: By providing your personal information, you consent to its collection, use, and disclosure as described in this ToS and our Privacy Policy.

b. Data Storage and Security

  • Data Storage: Your personal information is stored on secure servers located in the United States. We take reasonable measures to protect your data from unauthorized access, use, or disclosure.
  • Security Measures: We implement a variety of security measures to maintain the safety of your personal information. These measures include:
    • Encryption of sensitive data during transmission.
    • Regular security assessments and updates to our systems.
    • Access controls limit access to your personal information to authorized personnel only.
  • Data Retention: We retain your personal information for as long as necessary to fulfill the purposes for which it was collected, comply with legal obligations, resolve disputes, and enforce our agreements.

c. Third-Party Integrations and Sharing

  • Third-Party Service Providers: We may share your personal information with third-party service providers who assist us in operating our Site, conducting our business, or providing services to you. These third parties are contractually obligated to protect your information and use it only for the purposes for which it was disclosed.
  • Third-Party Integrations: Our Site may include integrations with third-party applications and services. By using these integrations, you consent to the sharing of your information with the third-party providers as necessary to facilitate the integration.
  • Disclosure to Third Parties: We do not sell, trade, or otherwise transfer your personal information to outside parties without your consent, except as described in this ToS and our Privacy Policy. We may disclose your information:
    • To comply with legal requirements, such as a law, regulation, search warrant, subpoena, or court order.
    • To enforce our Terms of Service, protect our rights, privacy, safety, or property, and/or that of you or others.
    • In connection with a business transaction, such as a merger, acquisition, or asset sale, your information may be transferred to the new owner.

9. Disclaimers and Limitations of Liability

a. Warranty Disclaimer

  • “As Is” and “As Available” Basis: The Site, Site Content, and the Service are provided strictly on an “as is” and “as available” basis. NLSA makes no warranty that the Site, Service, or Site Content is complete, suitable for your purpose, or accurate.
  • No Warranties: On behalf of itself and its licensors, NLSA hereby expressly disclaims any and all implied, statutory, or other warranties with respect to the Site, Site Content, and Service, or the availability of the foregoing, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
  • No Guarantee of Uninterrupted Service: NLSA makes no representation or warranty that the availability of the Site and/or the Service will be uninterrupted, or that the Site, Service, and/or the Site Content will be error-free or that all errors will be corrected.
  • User Responsibility: The entire risk as to results obtained through the use of the Site, Service, and/or the Site Content rests with you.

b. Limitation of Liability

  • No Liability for Damages: To the fullest extent permitted by applicable law, you agree that NLSA shall not be liable to you for any damages arising out of or connected to your use of, or inability to use, the Site, the Service (including integration with third-party applications), or the Site Content, including, without limitation, any and all direct, indirect, incidental, consequential, punitive, special, exemplary, or statutory damages (including, without limitation, loss of business, loss of profits, loss of revenue, loss of data, loss of goodwill, or for any cost of cover or cost of procurement of substitute goods or services), even if NLSA has been advised of the possibility of such damages, and regardless of the legal theory under which damages are sought, whether in breach of contract or in tort, including negligence.
  • Acknowledgment of Privacy Policy: You acknowledge that you have read, understand, and agree to NLSA’s Privacy Policy, which is hereby incorporated into and made a part of these Terms of Service by this reference.
  • No Liability for Third-Party Content: Neither NLSA nor any third-party content provider shall assume or have any liability for any action or inaction by NLSA or any third-party content provider concerning any conduct, communication, or posting on the message boards or other Interactive Features of the Site.
  • No Liability for User Content: NLSA is not responsible for any offensive, defamatory, or obscene posting on the message boards or other Interactive Features of the Site. We reserve the right at all times to disclose any information we believe necessary to satisfy any law, regulation, or governmental request or to refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are inappropriate, objectionable, or in violation of these Terms of Service.
  • Access Denial: We also reserve the right to deny access to the Site or any features of the Site to anyone who violates these Terms of Service or who, in our sole judgment, interferes with the ability of others to enjoy our Website or infringes the rights of others.

10. Indemnification

a. Indemnification Obligations

  • User Responsibility: You agree to indemnify, defend, and hold harmless the National Live Scan Association (NLSA), its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees, arising out of or relating to:
    • Your use of the Site or Services.
    • Any violation of these Terms of Service by you.
    • Any breach of the representations, warranties, and covenants made by you herein.
    • Your violation of any rights of another, including but not limited to any intellectual property rights, privacy rights, or publicity rights.
    • Any User Content you submit, post, or transmit through the Site or Services.

b. Defense and Settlement

  • Right to Defend: NLSA reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such cases, you agree to cooperate fully with NLSA in asserting any available defenses.
  • Settlement: You shall not settle any claim or matter on behalf of NLSA without the prior written consent of NLSA. NLSA reserves the right to settle any claim or matter on its own terms without your consent.

c. Notification of Claims

  • Prompt Notification: You agree to promptly notify NLSA of any claim, action, or proceeding brought against you in connection with any matter for which you have agreed to indemnify NLSA. Failure to provide prompt notification may limit your indemnification obligations to the extent that such delay prejudices NLSA’s ability to defend the claim.

11. Termination

a. Termination by NLSA

  • Right to Terminate: The National Live Scan Association (NLSA) reserves the right to terminate or suspend your access to the Site and Services, with or without notice, for any reason, including but not limited to:
    • Violation of these Terms of Service.
    • Conduct that we believe is harmful to other users, our business, or other third parties.
    • Any fraudulent, abusive, or otherwise illegal activity.
  • Effect of Termination: Upon termination, your right to use the Site and Services will immediately cease. All provisions of these Terms of Service that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

b. Termination by User

  • Voluntary Termination: You may terminate your account and discontinue your use of the Site and Services at any time by contacting us at Support(at)LiveScan(dot)email.
  • Effect of Termination: Upon termination, you will no longer have access to your account, and any data associated with your account may be deleted. NLSA is not responsible for any loss of data or information resulting from the termination of your account.

c. No Refunds

  • No Refunds: Termination of your account, whether by NLSA or by you, does not entitle you to any refund of any fees paid, including but not limited to membership dues, event registration fees, or any other payments made to NLSA.

d. Reinstatement

  • Request for Reinstatement: If your account has been terminated by NLSA, you may request reinstatement by contacting us at Support(at)LiveScan(dot)email. Reinstatement is at the sole discretion of NLSA and may be subject to additional terms and conditions.

e. Survival of Terms

  • Survival: All provisions of these Terms of Service that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. Use of Third-Party Communication Platforms (Including WhatsApp)

a. Third-Party Messaging Platforms Usage

Please understand that, for your convenience, NLSA may use third-party communication platforms such as WhatsApp, SMS, or similar messaging services to provide updates, reminders, or general information. By communicating with us through these platforms, you acknowledge and agree to the following:

  • Third-Party Responsibility: WhatsApp and similar platforms are operated by third parties, and NLSA does not control or guarantee the security, privacy, or functionality of these services. Your use of these platforms is subject to their respective terms of service and privacy policies.

  • No Liability: NLSA is not responsible for any loss, unauthorized disclosure, or misuse of information that may occur as a result of your use of third-party communication tools. We are not liable for any damages or claims arising from your use of WhatsApp or similar services.

  • Sensitive Information: Please do not send confidential, sensitive, or personal information (such as Social Security numbers, financial details, or health information) via WhatsApp or other messaging platforms. For such matters, use our official communication channels as specified on our website.

  • User Responsibility: It is your responsibility to ensure that your communications via WhatsApp or similar platforms comply with all applicable laws and regulations. You are solely responsible for the content you share through these channels.

  • Opt-Out: If you do not wish to receive communications via WhatsApp or similar platforms, please notify us in writing or by following the opt-out instructions provided in our messages.

By continuing to communicate with NLSA through WhatsApp or similar platforms, you acknowledge and accept these terms and disclaimers.

13. Dispute Resolution

a. Governing Law

  • Applicable Law: These Terms of Service and any disputes arising out of or related to these Terms of Service or your use of or access to the Site or Services shall be governed by and construed in accordance with the laws of the State of California, without respect to its conflict of laws provisions.
  • Jurisdiction: All disputes arising out of or related to these Terms of Service or your use of or access to the Site or Services will be submitted to the exclusive jurisdiction of a court of competent jurisdiction located in Los Angeles, California. Each party irrevocably consents to such personal jurisdiction and waives all objections to this venue.

b. Arbitration

  • Arbitration Agreement: Any disputes, controversies, and claims arising out of or relating to these Terms of Service or concerning the respective rights or obligations of the parties hereto shall be settled and determined by arbitration in Los Angeles County, California, pursuant to the Commercial Rules of the American Arbitration Association then in effect.
  • Binding Arbitration: The arbitration shall be final and binding on the parties. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction, or application may be made to such court for a judicial acceptance of the award and an order of enforcement.
  • Arbitration Process: The arbitration shall be conducted by a single arbitrator. The arbitrator shall have the authority to award any relief that would be available in a court of law or equity. The arbitrator’s decision shall be in writing and shall include a statement of the reasons for the award.

Costs of Arbitration: Each party shall bear its own costs and expenses of the arbitration, including attorneys’ fees, and an equal share of the arbitrator’s fees and administrative fees of arbitration, unless the arbitrator determines that a different allocation is necessary to enforce this arbitration agreement.

c. Prevailing Party Legal Fees

  • Entitlement to Fees: In the event of any dispute, controversy, or claim between the parties arising out of or related to these Terms of Service, the prevailing party shall be entitled to recover its costs, including costs of arbitration, and reasonable attorneys’ fees, in addition to any other relief to which such party may be entitled.
  • Definition of Prevailing Party: The term “prevailing party” shall mean the party that is determined by the arbitrator or court to have prevailed or who prevails by dismissal, default, or otherwise.

14. General Provisions

a. Entire Agreement

  • Complete Agreement: These Terms of Service, along with our Privacy Policy and any other legal notices or agreements published by the National Live Scan Association (NLSA) on the Site, constitute the entire agreement between you and NLSA concerning your use of the Site and Services. This Agreement supersedes all prior understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.

Modifications: This Agreement may not be modified unless in writing signed by an authorized representative of NLSA or by the posting by NLSA of revised or modified Terms of Service on the Site

c. Assignment

  • Assignment Rights: You may not assign or transfer your rights or obligations under these Terms of Service without the prior written consent of NLSA. Any attempted assignment or transfer in violation of this provision will be null and void.
  • NLSA’s Rights: NLSA may assign or transfer its rights and obligations under these Terms of Service without restriction and without providing notice to you.

d. Notices

  • Notice Requirements: All notices, requests, demands, and other communications under these Terms of Service shall be in writing and shall be deemed to have been duly given:
    • When delivered personally.
    • When sent by email, with receipt confirmed.
    • When sent by certified or registered mail, return receipt requested, postage prepaid.
    • When sent by a recognized overnight delivery service, with delivery confirmed.
  • Contact Information: Notices to NLSA should be sent to the following address:

  National Live Scan Association
  Attn: Compliance Department
  6060 Center Drive, 10th Floor, Suite 10000
  Los Angeles, CA 90045

e. Force Majeure

  • Force Majeure Events: NLSA shall not be liable for any failure or delay in performing its obligations under these Terms of Service if such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, governmental actions, internet or telecommunications failures, or any other event that constitutes a force majeure.
  • Notification and Mitigation: In the event of a force majeure, NLSA will notify you as soon as reasonably possible and will use commercially reasonable efforts to mitigate the effects of the force majeure event.

15. Additional Policies and Procedures

a. Photography, Audio, and Video Recording

  • Photography Disclaimer: From time to time, NLSA Events or its contractors record, photograph, and/or stream various aspects and activities of NLSA Events for archival and promotional purposes. By attending NLSA Events, attendees give NLSA and its contractors permission to use any attendee’s voice, name, image, biographic information, and ancillary material in any such archival or promotional recording, photograph, or streaming activity without any compensation or credit to the attendees. NLSA shall own all rights, including copyrights in and to the photos. NLSA, its employees, contractors, and vendors are released from any liability arising from using your name, video, photographs, and/or organization name and location.
  • Recording Policy: By registering for NLSA Events, you consent to NLSA’s Audio/Video Policy. Photography and/or recording (including audio and video) during NLSA Events is allowed for personal and private use only, and such photos and/or recordings are the exclusive property of NLSA. In addition, any such photos and/or recordings of events/exhibits may require the permission of NLSA and/or the associated Exhibitor. Photos and/or recordings cannot be copied, altered, sold, exhibited, or further distributed without NLSA’s prior written consent. NLSA retains the right to revoke consent. No disruptions due to photography and/or recording shall be allowed, and violators may lose attendance privileges. Photography and/or recording are prohibited in NLSA session rooms. Streaming at NLSA Events is prohibited except for those under contract with NLSA.
  • Filming Permit: If you are interested in filming from or creating original content at NLSA Events, you must register and secure a Filming Permit in advance of NLSA Events that must be approved by NLSA fifteen (15) days before the event.

b. Text Messaging (SMS)

  • Opt-In and Opt-Out: You will receive text messages (SMS/MMS) to your mobile number when opted-in. These messages may include offers, coupons, or other information. You can opt-out of this service at any time by texting “STOP” to the phone number. After you text “STOP” to us, we will send you an SMS reply to confirm that you have unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time or text “START,” and we will send you SMS messages again. If you are experiencing any issues, you can reply with the keyword HELP or contact us directly.

Messaging Delays & Rates: Carriers like Verizon are not liable for delayed or undelivered messages. Message and data rates may apply for any messages sent to you from us and to us from you

c. Telephone Communications

  • Monitoring and Recording: All telephone communications with us or our authorized agents may be monitored or recorded for quality assurance and training purposes.
  • Consent to Communication: By providing your phone number, you consent to receive calls and text messages from us, including those made using automated technology, for informational and promotional purposes. You can opt-out of receiving promotional calls and texts at any time by following the instructions provided in the communication.

d. Exchanges and Returns

  • Exchange Policy: We only exchange goods if they are defective or damaged. If you consider a product defective, you will need to contact us immediately with details of the product and the defect. Upon our approval, you can send us the item you consider defective. Note: Shipping charges for all returns must be prepaid and insured by you. You are responsible for any loss or damage to the product during shipment. We do not guarantee that we will receive your returned item. Upon receipt of the returned product, we will fully examine it and notify you via e-mail, within a reasonable period of time, whether you are entitled to a replacement as a result of the defect. If you are eligible, we will send you a replacement product. Returning a product without our prior written approval will not entitle you to a replacement exchange or refund. Shipping and handling charges are not refundable.

e. Tax Deductions

  • Tax Deductibility: From time to time, NLSA Events or its contractors record, photograph, and/or stream the various aspects and activities of NLSA Events for archival and promotional purposes. By attending NLSA Events, attendees give NLSA and its contractors permission to use any attendee’s voice, name, image, biographic information, and ancillary material in any such archival or promotional recording, photograph, or streaming activity without any compensation or credit to the attendees. NLSA shall own all rights, including copyrights in and to the photos. NLSA, its employees, contractors, and vendors are released from any liability arising from using your name, video, photographs, and/or organization name and location.

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