TERMS AND CONDITIONS FOR ONLINE AGREEMENT AboveTraining Inc
This Website (www.statefoodsafety.com) is provided by AboveTraining Inc. and its affiliates and subsidiaries (collectively, "AboveTraining Inc." "our" and "we") for the purpose of providing training and/or information ("Services") to you. By using or making a purchase on an AboveTraining Inc. Website, you, the purchaser, ("you") agree to the terms and conditions listed in this Agreement (the Terms and Conditions). We may update or alter these Terms and Conditions at any time. If you have special needs or concerns, please contact our Customer Relations Department.
Intellectual Property Protection
The AboveTraining.com™ Website, affiliated websites and related information services contain proprietary material and intellectual property of AboveTraining Inc., which is protected by copyright, trademark, trade secret and other laws protecting proprietary rights ("Our Intellectual Property Rights"). The text, content and information contained in the Website, including all audio, video, streaming, digital and other instructional content, documents and material ("Content"), is copyrighted and protected by world-wide copyright laws and treaty provisions, and may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way, without our prior written permission. Except as expressly provided herein, AboveTraining Inc. does not grant any express or implied right to you or any person in any Our Intellectual Property Rights, details of members or trade secret information. AboveTraining Inc. is the owner, authorized user or licensee of all Our Intellectual Property Rights in the Website further including, without limitation, any copyright, patent, registered design, trademarks, service marks, software, source codes, specifications, templates, graphics, tables, icons, logo(s) or any right subsisting in the U.S. or elsewhere provided in or otherwise regarding the Content of the Website, including without limitation formats, interfaces, programming, the offering of services to other customers, software or any application for any of the foregoing and any modification, improvements, developments and enhancements thereof.
Use of AboveTraining Inc. Content
The Services are currently available on a renewable 12-month subscription basis. During the subscription period, this Agreement between AboveTraining Inc. and you allows you to have individual access to the Services. Access to any Services beyond the subscription period, without the express permission of AboveTraining Inc. is prohibited. Use in any way that circumvents the normal subscription process, is prohibited unless written authorization is obtained from AboveTraining Inc. You may use the Services for local internal purposes to train your employees and otherwise improve your company safety and health programs. Use of Services to create material or derivative material for sale or external distribution is prohibited. You may not modify, revise or delete any of the Content or use any of the Content to separately offer or provide training or any other goods or services to others.
Registration, Passwords and Responsibilities
Each user is provided a unique access User Name and Password for exclusive use by that member. Passwords and User Names may not be shared with or provided to other agencies, organizations, businesses or individuals. You are responsible for maintaining the confidentiality of any usernames, passwords, or any other tools or data that afford you access to content. If you are sharing such usernames, passwords, etc. with others for the purpose of shared viewing, you are also responsible for all users of such information, whether or not actually or expressly authorized by you.
Non-disclosure to Third Parties
AboveTraining Inc. will not disclose user information, including contact information, to third parties.
Discounted corporate memberships are available. Please e-mail email@example.com™ or call (801) 494-1745 for information or to set up your corporate account.
Payment Card Use
If you make a purchase on the Website, you are warranting to us that you are legally authorized to use the credit or other payment card for the proposed transaction and that you fully understand this Agreement. AboveTraining Inc. accepts no liability for any damages of any nature resulting from you using your credit card on the Website.
If you successfully conclude an online purchase, we will send you a confirmation e-mail that will include full details of your particular purchase. E-mails will be deemed to have been sent by us once they leave our information system. However, if you do not receive a confirmation e-mail within 24 hours of completing an online transaction, please contact us immediately at firstname.lastname@example.org or call (801) 494-1745.
At its discretion, AboveTraining Inc., or any of its divisions or subsidiaries, including, but not limiting to, TrainingHarbor.com, CourtestyTraining Inc., StateFoodSafety, ContractorHarbor.com, allow for the return of any product purchased through an online storefront, or made via telephone, assuming course has not been completed, certificate has not been issued, and reports have not been distributed to necessary parties.
All requests for refund are at the sole discretion of AboveTraining Inc.. Any refunds approved by AboveTraining Inc. can take up to 72 hours to reflect on customer bank statements.
Term and Termination
We may change or terminate our services or your online membership(s) with us, with or without notice, without liability to you, or any other user. You understand and agree that AboveTraining Inc. online services are provided "as-is." AboveTraining Inc. assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or settings.
Limitation of Liability, Indemnification, Assignment
AboveTraining Inc. and its subsidiaries and other owned entities are not liable for any direct, indirect, incidental, special, consequential or punitive damages of any kind resulting from (1) the use of or the inability to use AboveTraining Inc. online services, (2) any goods or services purchased or obtained or messages received or transactions entered into through AboveTraining Inc. online services, or (3) the loss of, unauthorized access to or alteration of a user's transmissions or data or for the cost of procurement of substitute goods and services, all of the foregoing including but not limited to injury, damages for loss of profits, use, data or other intangibles, even if AboveTraining Inc. had been advised of the possibility of such damages. Notwithstanding anything herein to the contrary, the liability of AboveTraining Inc. for any cause or reason shall not exceed the amount paid, if any, by you for the Services provided to you by AboveTraining Inc. on the Website. You agree to indemnify, defend and hold harmless AboveTraining Inc., its affiliates, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys' fees) arising from your use of our services, your violation of the Terms and Conditions or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. This Agreement may be assigned to another by AboveTraining Inc., and the Terms and Conditions will inure to the benefit of AboveTraining Inc. successors, assigns and licensees. This Agreement is personal to you and may not be assigned to anyone.
No Warranty, Disclaimer of Liability
The materials contained in this Website are not intended as legal, business, or risk management advice to any party, and in no way represent advice with respect to specific practices of any party. AboveTraining Inc., has not confirmed or verified the accuracy or correctness of such materials or any information on which they may be based and makes no representation or warranty as to the content of this material or its accuracy, or its appropriateness or its suitability for any particular reader, situation or practice, or as to conformance with applicable laws or regulations. Users should conduct or rely on their own investigations before acting upon or otherwise using such materials.
If any provision of these Terms is invalid or unenforceable, such will not render all the Terms unenforceable or invalid but rather the Terms will be read and construed as if the invalid or unenforceable provision(s) are not contained therein. Any cause of action of yours with respect to these Terms and Conditions must be filed in a court of competent jurisdiction in Provo, Utah within one year after the cause of action has arisen, or such cause will be barred, invalid, and void.
Comparable Training Courses
Comparable training courses include, but are not limited to, food/alcohol safety training courses that meet industry, regulatory, and area standards. Such standards include appropriate course length, required approvals/accreditations (regulatory, government, corporate, industry), proper issuance of course completion credentials, material covering the essentials of food/alcohol safety (food hazards, time/temperature control, cleaning/sanitizing processes), etc. AboveTraining Inc. reserves the right to determine whether or not a food/alcohol safety training course qualifies as a comparable training course.
Governing Law and Jurisdiction, Entire Agreement
These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Utah, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms and Conditions to be unenforceable, the remainder of the Terms and Conditions will continue in full force and effect.
These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms and Conditions will be effective only if in writing and signed by AboveTraining Inc.
Changes to Terms and Conditions
AboveTraining Inc. may, in its discretion, change these Terms and Conditions (including those relating to your use of the Website and/or AboveTraining Inc. content) ("Changes"). AboveTraining Inc. will notify you of the Changes (1) by e-mail or (2) by publishing the revised Terms and Conditions with these Changes therein. If you use the Website after AboveTraining Inc. has notified you of the Changes, you agree to be bound by those Changes. If you do not agree to be bound by those Changes, you must not use this Website after you have been notified of the Changes.
Headings in these Terms are for convenience only and have no legal meaning or effect. If you are aware of any violations of these Terms and Conditions, please report them to AboveTraining Inc.