AGREEMENT FOR ONLINE TRAINING COURSE ACCESS
This Agreement for Online Training Course Access (hereinafter, the “Agreement”) is made by and between The Better Contractor, LLC, a limited liability company, organized under the laws of the state of Illinois, (hereinafter referred to as “Provider”) and you, further defined below, as a participant in the Course, also defined below.
All parts and sub-parts of this Agreement are specifically incorporated by reference here. This Agreement shall govern the use of all pages, screens, training videos and other materials on Provider’s website (the “Course Materials”), including any additional services provided by Provider or on the Provider’s website (the “Website”) or any social media pages maintained by Provider (collectively, the “Services”).
The following terms referred to in this Agreement shall be defined as follows:
- Provider. Provider refers to The Better Contractor, LLC, as the creator, operator, and provider of the Course Materials and Services, including Provider’s employees, agents, and affiliates.
- You or Purchaser. “You” or “Purchaser” shall refer to the purchaser of the Course and Services and shall include any and all of Your employees or participants in the Course.
- Parties. “Parties” shall refer to Provider and Purchaser, collectively.
PURCHASE OF COURSE MATERIALS
- Course Materials. Provider agrees to provide you with access to the Course Materials, Website, and other Services provided herein upon the following terms and conditions. The Course Materials and Services may include audio and video lessons, forms, worksheets, checklists, and private discussion groups.
- Purchase. By purchasing access to the Course Materials, you warrant that you have read and reviewed this Agreement and that you agree to be bound by it. Provider only agrees to provide access to the Course Materials upon your assent to this Agreement, and your access of the Course Materials after purchase constitutes your binding assent to all the provisions of this Agreement.
- Minimum Age. You must be at least 18 (eighteen) years of age to use the Website, purchase the Course Materials, or access any Services provided by Provider as set forth herein. By accessing the Website and Course Materials, you represent and warrant that you and all individuals who will access the Course Materials or Services as permitted herein are at least 18 years of age and may legally agree to this Agreement. Provider assumes no responsibility or liability for any misrepresentation of your age or the age of any other person or participant accessing the Course Materials through you.
REGISTRATION, FEES AND MEMBERSHIP
- Course Registration. You agree to provide true, accurate, current and complete information as prompted by any registration form on the Website and to maintain and promptly update the information to ensure it remains true, accurate, current and complete. You are solely and exclusively responsible for maintaining the confidentiality of all account information and passwords for all of your participants, and for all activities that occur under your account. If you provide any information that is untrue, inaccurate, not current or incomplete, or if the Provider has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Provider may suspend or terminate your access to the Course Materials, Website, and all other Services without refund. Provider reserves the right in its sole discretion, to terminate access of you or any participant at any time if such person becomes disruptive or fails to follow any requirements set forth herein.
- Fees. The fees for the Course Materials and the membership subscription (the “Membership Fee”) shall be as set out on the Website from time to time, which shall be based on the number of participants identified by you and maintained in your account registration and shall be subject to all applicable taxes. Provider may adjust and update the Membership Fee from time to time, which changes will be applied at the time of renewal.
- Membership and Renewals. Your purchase shall entitle you to a one-year subscription for the number of participants identified in the registration, commencing on the registration date, subject to the terms and provisions of this Agreement. The Membership Fee will be billed in monthly installments, and you hereby authorize Provider to charge your credit card or other designated payment method automatically for each monthly installment during the annual membership term. During the subscription period, you may add additional participants, and you authorize Provider to charge any applicable additional fee and increase your monthly installment for such added participants upon their addition. Unless and until cancelled by the Participant in accordance with Provider’s cancellation policy, the subscription plans for the Course Materials shall automatically renew for an additional year at the end of each annual subscription period, and you hereby authorize Provider to charge your credit card or other designated payment method automatically for each monthly installment in the renewal term.
- Cancelation or Termination. You may cancel or terminate the membership prior to the end of any annual membership term in the manner set forth by Provider from time to time on the Website or otherwise. However, you agree that Provider will continue to charge your credit card or other designated payment method for each monthly installment remaining in the annual membership term. Provider may establish any reasonable notice requirement for termination prior to any annual renewal, and you will be solely responsible for providing notice of your intent to terminate within the time period required by Provider. If you fail to terminate in the manner required by Provider prior to the renewal of your membership, you agree that Provider may renew your annual membership in the ordinary course and charge your credit card or other designated payment method for each monthly installment of the renewal term. Termination or cancelation prior to expiration of the membership term will not entitle you to a refund of any portion of the membership fee except as otherwise determined by Provider in its sole discretion.
LICENSE TO USE WEBSITE AND ACCESS COURSE MATERIALS
- Use and Access. During your membership, Provider will provide you with access to the Course Materials and any other features, documentation, data, or other information developed by Provider and made available to Provider in Provider’s sole discretion. Subject to this Agreement, Provider grants you a non-exclusive, limited, non-transferable and revocable license to view and use the Course Materials and Services for not more than the number of participants identified by you upon registration or at such other times as may be permitted by Provider. The Materials may not be used for any other purpose, and this license terminates upon the expiration of the membership term or other termination of this Agreement in accordance with the provision hereof.
- Passwords and Account Security. The passwords and user IDs are for each participant’s individual use only. You and the participant are solely responsible for the security of such user IDs and passwords and are responsible for all activities that occur under such user IDs and passwords. You agree to notify Provider immediately of any unauthorized use of any participant’s password, account information, or any other breach of security. Provider will be entitled to monitor all passwords and user IDs and, in its sole discretion, require you or any participant to change any password at any time. You further agree that Provider will not be responsible for any unauthorized use of a participant’s profile by any other person, and Provider is under no obligation to confirm the actual identity of any password or user ID. Provider will not be liable for any loss or damage arising from your or any participant’s failure to comply with the provisions of this paragraph.
- Restrictions on Use. You shall not distribute or transfer the Materials to any person other than as contemplated herein. If Provider has reasonable grounds to suspect that you have distributed or otherwise transferred any of the Course Materials in a manner prohibited by this Agreement, or that you misrepresented the number of participants who will access the Course Materials, or allowed more than one person to access the Course Materials under a single participant’s password, Provider reserves the right to immediately terminate your access to the Course Materials without refund and/or pursue any other remedies available at law or equity, in Provider’s sole and exclusive discretion.
- No Representations or Warranties.
- By purchasing the Course Materials, you acknowledge and agree that the Course Materials, Website, and all other services are provided “as is” and “as available”, without warranty or condition of any kind, either express or implied. Provider expressly disclaims all warranties and conditions, including any statutory or implied warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment or non-infringement in respect to the Program, to the fullest extent permissible under applicable law. Provider makes no warranty as to any results that may be achieved by using the Course Materials or Services. You agree to defend, indemnify, and hold Provider harmless from any direct, indirect, incidental, consequential, special, or punitive damages or other injury arising out of or in any way connected with Your use of the Course Materials or Services, whether resulting in whole or in part from breach of contract, tort, negligence, strict liability or otherwise.
- The Course Materials are provided for informational and educational purposes only. While we attempt to thoroughly address specific topics and best practices, it is not possible to provide all necessary information for any specific purpose. Provider makes no representation that the information provided in the Course Materials conform to, or satisfy, any compliance requirements or regulations of any Federal, State, or Local governmental agency, including, but without limitation, Occupational Safety and Health Administration training requirements or any apprenticeship or licensing requirements for any particular trade or profession. You agree that you are solely responsible for conducting and completing all training necessary to satisfy any applicable governmental safety, training, apprenticeship or licensing requirements.
- While the Provider endeavors to provide content that is correct, accurate and timely, Provider provides no representation or warranty that:
- The Course Materials or Website will be accurate, reliable, complete, current, timely or suitable for any particular purpose;
- The operation of the any hosting platform will be uninterrupted, error-free, or free from viruses, malware, worms or other harmful components;
- Any defects or errors in the Program will be corrected;
- Communications to or from the course hosting platform will be secure and/or not intercepted.
- Release and Indemnity. You acknowledge and agree that you will use the Course Materials, Website, and all other services at your own risk and liability. You hereby release, defend, indemnify, and hold Provider harmless from any result or consequences arising out of your participation in, or use of, the Course Materials, Website, or other Services.
- Prohibited Uses. You agree not to use the Course Materials or Website for any unlawful purpose or in any manner prohibited by Provider. You further agree not to use the Course Materials, the Website, or any of the Services:
- To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
- To violate any intellectual property rights of the Provider or any third party;
- To upload or otherwise disseminate any computer malware or other software that may damage the property of another;
- To perpetrate any fraud;
- To publish or distribute any obscene or defamatory material;
- To unlawfully gather information about others;
- To reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Course Materials or Website;
- Violate the security of the Course Materials or Website through any unauthorized access, circumvention of encryption or other security tools, data mining, or interference to any host, user or network;
- To accomplish any other purpose other than those expressly intended by Provider.
- Intellectual Property Rights. You agree that the Course Materials, Website, and any other information or services provided by the Provider are the sole and exclusive property of the Provider, including all copyrights, trademarks, trade secrets, patents, and other intellectual property (“Provider IP”). All rights related to the Provider IP remain solely and exclusively with the Provider, and you may not use, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit, or copy any portion of this Website or Course Material in any manner, without the express written consent of the Provider. Any violation of the Provider IP rights shall result in immediate termination of access to the Course Materials without refund, and Provider may pursue any or all other remedies available at law or equity as a result of such violation.
USER CONTRIBUTIONS AND INFORMATION
- User Content. Through your participation in the Course and your use of the Website, you may be permitted to post materials to the Website, or other online or social media pages maintained or utilized by Provider (“User Contributions”). You hereby grant Provider a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit and make derivative works of your User Contributions. You also agree that all User Contributions will comply with the provisions of Section 5.7.
- Affiliate Marketing Disclosure. Provider may, at any time: 1) engage in any affiliate marketing whereby Provider receives a commission or other compensation; or 2) accept advertising compensation or other sponsorships from commercial businesses.
- Informational Purposes Only. The Course Materials and Website are provided for informational purposes only. You acknowledge and agree that any information set forth in the Course Materials or Website, including all User Contributions or any other interactions on the Website or social media pages maintained by Provider, do not constitute legal advice, financial advice, or any other professional advice, and no fiduciary relationship has been created between you and Provider. Your use or implementation of any such information shall be in your exclusive judgment and at your own risk. Provider expressly disclaims any responsibility or liability for any advice or other information provided in the Course Materials or Website, including all User Contributions. By utilizing any of the Course Materials or the Website, you expressly agree to defend, indemnify, and hold harmless Provider from any and all claims and demands against Provider, including reasonable attorney’s fees, arising out of your use or misuse of the Course Materials or the Website, your breach of this Agreement, or any other conduct by you.
- Data Security. We do not assume or accept responsibility for the security of your account, content or any sensitive information found there. You agree that your participation in the Course or use of the Website is at your own risk.
- Service Interruptions. Provider may, as necessary, interrupt your access to the Course Materials or the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Course Materials and/or Website may be affected by unanticipated or unscheduled downtime, for any reason, and that Provider shall have no liability for any damages or losses claimed or alleged to have been caused by any such downtime.
- Limitation of Liability. Neither Provider, nor any of Providers partners, employees, contractors or affiliates shall be liable for damages of any kind including, without limitation, any direct, special, indirect, punitive, incidental or consequential damages including, without limitation, any loss or damages in the nature of or relating to lost business, lost savings, lost data or lost profits, consequential or punitive damages arising from your use of, reliance upon, or inability to use any of the Course Materials, Website, or other services, regardless of cause. The foregoing limitation shall apply regardless of whether Provider knew or should have known of the possibility of such damages. The foregoing shall apply to any and all claims of any kind whether arising out of negligence, strict liability, fraud, or torts of any kind. In the event is it determined that Provider shall be liable for damages of any nature, you agree that the maximum liability of Provider for any liability arising under this Agreement will be limited to the greater of One Hundred Dollars or the amount paid by you to Provider in the six (6) month period immediately preceding the event giving rise to such liability.
- Force Majeure. Provider shall not be liable for any failure to perform due to causes beyond Provider’s reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to any unforeseen circumstances.
- Amendments. Provider may from time to time, and at any time, without notice to you, modify or amend this Agreement. You agree that Provider is authorized to modify this Agreement or revise any provision set forth herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting by Provider on the Website and all such modifications or amendments will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest amendment or modification of this Agreement. To the extent any portion of any amended or modified provision of this Agreement is held ineffective or invalid by any court of law, the most recent effective version of such provision shall be valid and enforceable to the greatest extent permissible by law.
- Entire Agreement. This Agreement constitutes the entire understanding between the Parties with respect to the subject matter hereof. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings of the parties, whether written or oral.
- Assignment. This Agreement, and the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by you. This Agreement, including any and all rights and obligations of Provider hereunder, may be assigned by Provider at any time in Provider’s sole discretion. Immediately upon any such assignment, Provider shall have no further obligation or liability for any matter set forth herein.
- No Agency, Partnership, or Joint Venture. No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other party or any third parties as a result of this Agreement.
- Captions. The captions and headings contained herein are inserted for convenience only and shall not affect in any way the construction, meaning or interpretation of the text.
- Waiver. The failure of Provider to enforce any provision of this Agreement shall not constitute a waiver by Provider of such provision. The waiver by Provider of any breach or default under any provision of this Agreement shall not be deemed a waiver of such provision or of any subsequent breach thereof or default thereunder.
- Governing Law; Venue. This Agreement and any matters arising from and/or relating hereto shall be governed by and construed and interpreted in accordance with the laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of or relating to this Agreement shall be instituted in the United States District Court for the Southern District of Illinois, or the courts of the State of Illinois located in St. Clair County, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding. The parties irrevocably and unconditionally waive any objection to the laying of venue of any suit, action or proceeding in such courts and irrevocably waive and agree not to plead or claim in any such court that any such suit, action or proceeding brought in such court has been brought in an inconvenient forum.
- Remedies. Provider shall be entitled to reimbursement from you for any and all costs and expenses incurred by Provider, including reasonable attorney’s fees, to enforce any of Providers rights under this Agreement or pursue any other remedy resulting from any default or breach by you. You acknowledge that: (i) the provisions and restrictions contained in this Agreement are reasonable and necessary to protect Provider’s legitimate business interests; (ii) violations of this Agreement, specifically including, but not limited to, the provisions of Article 5 and Article 6 would result in irreparable harm to Provider for which damages are an inadequate remedy. You acknowledge and agree that Provider shall be authorized and entitled to seek from any court of competent jurisdiction a temporary restraining order and/or preliminary and permanent injunctive relief to protect Provider from any such breach. Such rights or remedies shall be cumulative and in addition to any other rights or remedies to which Provider may be entitled in any other provision of this Agreement or by law or equity. The parties agree that no bond shall be required in relation to an action to enforce this provision, provided that, in the event it is determined by a court of competent jurisdiction that such a bond is required, the parties agree that a bond in the amount of $1,000.00 shall be sufficient.
- Successors. This Agreement shall inure to the benefit of and be binding on the parties hereto and their respective heirs, personal representatives, and successors.