2. AGE. You affirm that you are 18 years of age, an emancipated minor, or possess legal parental or guardian consent and are able and competent to enter into these Terms and abide by the conditions herein.
3. EDUCATIONAL INFORMATION. The information found on the Sites is offered for education purposes only and is intended for use by professionals, not the general public. The information provided on the Sites is not intended as a diagnosis or treatment of a specific health situation, and should instead be used as a guide for general situations unless stated differently. All references to legal standards and requirements are also for educational purposes only. You should consult with legal counsel before making any legal decisions.
4. LICENSE GRANT. YTP hereby grants to you a nonexclusive, nonassignable, nonsublicensable license, for your internal use only, for the term of this Agreement, to access and use the Sites and any educational courses, specifications, code and other related documentation available online (the "Course(s)"), subject to the terms and conditions of this Agreement. The licenses granted herein are conditioned upon registration and, where applicable, payment in full for the Courses.
A. Course Duration - Any Course purchased through the Sites must be completed by the specified date. If you fail to complete a course by the specified date, then your access to the course will be terminated and the course will be recorded in your transcript as incomplete.
B. If you wish to obtain a certificate of completion after your course has expired because you failed to complete it by the specified date, YTP will upon request provide you with a new copy of the course. This new course must be completed within sixty (60) days from the date of purchase of the first course. If this new course is not completed within this time limit your access to the course will be terminated and the course will be recorded in your transcript as incomplete.
5. PAYMENTS. While you may register for the Sites at no cost, payment of a fee is required to access Courses provided on the Sites. You agree to make payment of the amount then indicated for each Course which are incorporated by reference herein and to comply with this Agreement when undertaking such transactions. You agree that we may provide our payment processor with all information we have for you should you challenge a charge.
6. PAYMENT PROCESSING. You may pay for Courses on the Sites through PayPal. To this end, you agree to the following conditions regarding payments for Courses.
A. When you add a payment resource to PayPal, you will be asked to provide customary billing information such as name, billing address, and financial information. You agree to provide accurate, current, and complete information, and it is your obligation to keep your payment information current at all times.
B. You are solely responsible for the accuracy and completeness of your payment information. You agree YTP is not responsible for any loss suffered by you as a result of incorrect payment information provided by you to PayPal.
C. In the case of an unauthorized purchase or you accidentally make a duplicate purchase of a Course, you agree to contact us at 858-792-1630 before reporting the disputed purchase to PayPal or the credit card company.
D. You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a terrorist supporting country; and (ii) you are not included on any U.S. Government list of prohibited or restricted parties.
7. OWNERSHIP OF SITES AND COURSES. YTP is the owner of the Sites and Courses and all copyright and other intellectual property rights therein, and this Agreement does not transfer to you any title to or any proprietary or intellectual property rights in or to the Sites or Courses, any updates or derivative works thereto, or any copyrights, patent rights, or trademarks embodied or used in connection therewith, except for the rights expressly granted in this Agreement.
8. RESTRICTIONS. To the maximum extent permitted by law, you shall not (a) modify, reverse engineer, decompile, disassemble, or attempt to derive the source code of the Sites or Courses; (b) rent, lease, loan, sell, sublicense, distribute, transmit, or otherwise transfer the Sites or Courses access to any third party; (c) make any copy of or otherwise reproduce the Sites or Courses except for those copies necessarily made by the personal computing device and Internet browser that are running the Sites and Courses; or (d) disclose your Password to any third party. These restrictions shall not apply to course resources you are encouraged to download and print to maximize the value of the course including, but not limited to, takeaway notes, class exercises, and check lists and any documentation and downloads clearly intended for use beyond the scope of this Agreement.
A. Safeguarding Login Data. You agree to take all reasonable steps to safeguard your login data for the Sites so as to ensure that no unauthorized person will have access to it, and that no persons authorized to have access will make any unauthorized use. You shall promptly report to YTP any unauthorized use of the Sites and Courses of which you become aware and shall take such further steps as may reasonably be requested by YTP to prevent unauthorized use thereof.
B. Restricted Access. These Courses are to be used solely by the party for whom the Course was purchased and may not be duplicated or used by any other individuals or other third parties. You grant YTP the right to perform an audit, using IP Address identifiers, to determine if more than one user is taking the Course. This audit will be limited to verification of your compliance with the terms of this Agreement.
9. YOUR OBLIGATIONS. You shall be solely responsible for the following: (a) providing all hardware, operating systems, and communications capabilities required for use of the Sites and Courses, and (b) providing and maintaining, at all times during the term of this Agreement, the Internet access necessary for your use of the Sites and Courses. The Sites and Courses should run on any updated operating system commonly in use.
10. INVESTIGATIONS. We offer particular courses that meet the professional training requirements of various government agencies. If we suspect you have completed such Courses or obtained a certificate of completion by failing to complete the course in good faith or through fraudulent means, you agree that we may take any of the following actions including, but not limited to, revoking your certificate of completion; informing the public your certificate is invalid via the Certificate Validation Tool found on the Sites; and beginning legal proceedings against you. You agree that we may undertake such investigations with or without your knowledge, that we have no obligation to notify you of such investigations, and that we may share the results of such investigations with government agencies, the public, and PayPal, if necessary.
11. REFUNDS, EXCHANGES. We do not offer refunds on purchased Courses. However, we do allow for the following:
A. Should you purchase incorrect Courses, please contact us and we will arrange for you to have access to the correct Courses.
B. If you are purchasing certificate courses for multiple individuals, each individual must register for the Sites separately as the certificate of completion will reflect the name of the person on the account. Contact us if you need assistance with this process.
C. We will offer a refund in a situation where the customer objectively is unable to access Courses for a technical reason, which is extremely rare.
12. TERM AND TERMINATION. The license granted in this Agreement is effective until terminated. The term of this Agreement and the license grant herein shall commence on the date you agree to this Agreement and access the Sites. You may terminate the license and this Agreement at any time by giving written notice to YTP. YTP may terminate the license and this Agreement at any time on written notice to you for material breach of this Agreement or failure to pay any amount due to YTP. On termination of this Agreement, you agree to promptly destroy all printed copies and delete all electronic copies of any documentation that you have downloaded, printed, or created relating to the Sites and Courses, and to ensure that no copies of any of the Sites and Courses screens, data, or other content remain archived or otherwise stored on your computers. Notwithstanding termination, the provisions of this Agreement shall survive and continue to apply.
13. CALIFORNIA AND FLORIDA. For users taking any of the Los Angeles County Bloodborne Pathogens Exposure Control Training Courses (BBP200, BBP220, BBP420) or any of the Bloodborne Pathogens and Communicable Diseases for Florida Tattoo Artists Courses (BBP400, BBP420, BBP480): The Los Angeles County Body Art Program and the Florida Department of Health require online bloodborne pathogens courses to have a student identity verification and validation. Courses BBP200, BBP220, BBP280 and Courses BBP400, BBP420, BBP480 verify student identity before a student begins a course and validate the identity of the student during the course and before the final examination. Verification and validation are achieved by requiring students to answer questions about themselves based on publicly available online information. For example, a student may be asked, "Which street is associated with you? a) St. Charles Place, b) Kentucky Avenue, c) Baltic Avenue, or d) Park Place."
As a student taking BBP200, BBP220, BBP280 or BBP400, BBP420, BBP480 or Los Angeles or Florida courses that may be offered in the future you acknowledge and agree to the following:
A. That you have registered under your legal name and that you are the person who will actually take the course.
B. That you will be asked identity validation questions during the course or on the final exam.
C. That you release YTP from all claims in connection with this identity verification process.
D. That if YTP suspects you have acquired a certificate of completion by committing fraud or making false statements, YTP may, at YTP's sole discretion, revoke your certificate. YTP may also notify the Los Angeles County Body Art Program or the Florida Department of Health of the revocation.
14. GIFT VOUCHERS. A YTP Gift Voucher ("Voucher") can only be used to purchase items offered for sale on the Sites. When a Voucher is used to make a purchase, the original monetary balance of the Voucher will be decreased by the amount of the purchase. If the amount of a purchase exceeds the value of a Voucher, the difference must be paid by the user. Once a Voucher value reaches zero, the Voucher is no longer valid. If you purchase a Voucher you are solely responsible for making sure that only your selected recipient or recipients use the Voucher. No refunds will be made if an unauthorized person uses your Voucher. We reserve the right to limit quantities of Vouchers purchased by any person or entity.
15. VIOLATIONS. If you materially breach any term of this Agreement, we may, in our sole discretion, terminate your access to the Sites and Courses. We reserve the right to seek all remedies available by law and in equity for such breaches.
16. RIGHT TO TERMINATE. We reserve the right to no longer make available all or part of the Sites and Courses at any time in our sole discretion.
17. LIMITED WARRANTY AND DISCLAIMER. YTP hereby represents and warrants that the Courses will, at the time you purchase a Course and for a period of 30 days thereafter, be substantially free from defects in materials and coding. In the event of a non-conformance during such period, you agree to promptly report such non-conformance along with all information required by YTP. YTP shall investigate any such reported non-conformance and shall use commercially reasonable efforts to remedy such non-conformance. If YTP is unable to remedy such non-conformance within 30 days after the date YTP has received all relevant information with respect to such non-conformance from you, your sole remedy under this Agreement is to delete all copies from your systems, and receive a refund of the price you paid.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YTP EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES ALLEGED TO HAVE ARISEN FROM CUSTOM, USAGE, OR THE COURSE OF DEALING BETWEEN THE PARTIES. YTP DOES NOT WARRANT THAT THE CONTENT CONTAINED IN THE SITES AND COURSES WILL MEET YOUR REQUIREMENTS. WE DO NOT WARRANT THAT THE OPERATION OF THE SITES AND COURSES WILL BE UNINTERRUPTED OR ERROR-FREE BEYOND THE INITIAL 30 DAY PERIOD. IN ADDITION, YTP DOES NOT WARRANT OR GUARANTEE THAT YOU WILL BE ABLE TO ACCESS THE SITES AND COURSES AT ALL TIMES. YOU UNDERSTAND AND ACKNOWLEDGE THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME, AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH YOUR ABILITY TO ACCESS THE SITES AND COURSES.
18. LIMITATION OF LIABILITY. Your exclusive remedy for the breach of this Agreement shall be, at the option of YTP, either (i) the repair of the Sites and Courses; or (ii) a refund of the price you paid for the Courses and associated materials. This remedy is null and void if the failure of the Sites and Courses is deemed to have resulted from accident, abuse, misapplication or use of the Sites and Courses with incompatible hardware.
IN NO EVENT SHALL YTP BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITES AND COURSES. IN NO EVENT SHALL YTP BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF DATA, LOST PROFITS, OR LOST BUSINESS OPPORTUNITIES, REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH DAMAGES ARE SOUGHT, AND EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY SHOULD YOU PREVAIL IN A LEGAL ACTION AGAINST US SHALL BE EITHER (I) THE REPAIR OF THE SITES AND COURSES; OR (II) THE PRICE YOU PAID FOR COURSES. IF YOU HAVE NOT PURCHASED A COURSE, THE MAXIMUM LEGAL AWARD YOU MAY RECEIVE IF YOU ARE DETERMINED TO BE THE PREVAILING PARTY IN A CLAIM AGAINST US SHALL BE ONE HUNDRED DOLLARS ($100).
AS SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
19. COMMUNICATION. When you create an account or purchase any Courses, sign up for our newsletter, or interact with us on a social media account, you consent to receive communications from us electronically. You agree that any such communication via email shall constitute proper written communication in compliance with any and all legal notice requirements.
A. Agreement to Binding Arbitration Between You and YTP. You and YTP agree that any dispute, claim or controversy arising out of or relating to (i) this Agreement or the existence, breach, termination, enforcement, interpretation or validity thereof, (ii) your access to or use of the Sites and Courses or (iii) either parties' breach of any laws or regulations will be settled by binding arbitration between you and YTP, and not in a court of law.
You acknowledge and agree that you and YTP are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and YTP otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and YTP each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
B. Right To Opt-Out. We are providing you with the right to opt-out of this Arbitration Agreement by notifying us in writing within 30 days of purchasing a Product. To opt-out, just contact us at using the phrase "opt-out of arbitration agreement" in the subject matter of the message, and your name in the body of the message.
C. Rules and Governing Law. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the AAA's Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available by calling the AAA at 1-800-778-7879.
The parties agree that the arbitrator ("Arbitrator"), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitration issues, including issues relating to whether this Agreement is unconscionable or illusory and any defense to arbitration.
Notwithstanding any choice of law or other provision in this Agreement, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. ("FAA"), will govern its interpretation and enforcement and proceedings pursuant to the Supreme Court decision in AT&T Mobility vs Concepcion and subsequent case law. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the State of California and the parties expressly agree the venue of any action shall be in civil court in the County of San Diego, California or the United States District Court for the Southern District of California located in San Diego, California, as appropriate for the particular claims asserted.
D. Small Claims Court. If you have a claim against us with a damage demand that does not exceed $10,000, you may opt-out of this Arbitration Agreement Clause and pursue the dispute in the San Diego Small Claims Court system by giving notice to us at .
E. Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). We hereby consent to receive such notifications at . The Arbitrator will be either (1) a retired judge or (2) an attorney specially licensed to practice law in the State of California and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.
F. Location and Procedure. Unless you and YTP otherwise agree, the arbitration will be conducted in San Diego, California. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and YTP submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary or elect to skip arbitration and proceed to small claims court.
G. The Arbitrator's Decision. The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only for the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. An Arbitrator's decision shall be final and binding on all parties. An Arbitrator's decision and judgment thereon shall have no precedential or collateral estoppel effect. The parties shall bear their own attorneys fees associated with the arbitration proceeding.
H. Fees. The parties agree to split all fees of the arbitration charged by AAA equally.
I. Changes. If YTP changes this Arbitration Agreement after the date you first agreed to this Agreement (or to any subsequent changes), you may reject any such change by providing YTP written notice of such rejection within 30 days of the date such change became effective. This written notice must be provided in an email message sent to . To be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting changes, you agree that you will arbitrate any dispute between you and YTP in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to this Agreement (or to any subsequent changes to the Terms).
K. Court Jurisdiction Alternative. Should a court of competent jurisdiction or arbitrator rule this arbitration clause invalid, the parties agree this Agreement shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to rules regarding conflicts of law. The parties further agree the choice of forum and venue for litigating any disputes shall be either the civil courts located in the County of San Diego, California or the United States District Court for the Southern District of California located in San Diego, California, as appropriate for the particular claims asserted.
21. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Sites, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Sites and Courses is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, "Content") in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
22. AFFILIATED SITES. YTP has no control over and assumes no liability for third party websites or materials we are not the creators of. We work with a number of partners and affiliates whose Internet sites may be linked within the Site. Because we have no control over the content and performance of these partner and affiliate sites, YTP makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and YTP assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Sites and Courses, you may have access to content items (including, but not limited to, websites) owned by third parties. You acknowledge and agree that we make no guarantees about, and assume no responsibility for, the accuracy, currency, content, or quality of this third party content, and, unless expressly provided otherwise, these Terms shall govern your use of any and all third party content.
23. PROHIBITED USES. YTP imposes certain restrictions on your permissible use of the Sites and Courses. You are prohibited from violating or attempting to violate any security features of the Sites and Courses, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Sites and Courses, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Sites and Courses, overloading, "flooding," "spamming," "mail bombing," or "crashing;" (d) forging any TCP/IP packet header or any part of the header information in any e-mail; (e) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by YTP; or (f) automatically or manually scraping or copying the content from the Sites and Courses without our consent. Any violation may subject you to civil and/or criminal liability.
24. INDEMNITY. You agree to indemnify, defend, and hold harmless YTP, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Sites and Courses, your violation of these Terms, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. We will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
25. SEVERABILITY WAIVER. If a court of competent jurisdiction finds any term or condition in this Agreement to be unenforceable or null, all other terms will remain unaffected and in full force and effect. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
26. NO ASSIGNMENT. You may not assign this Agreement or any of the rights granted by YTP hereunder, in whole or in part, without the prior written consent of YTP, and any attempt to do so shall be void. This Agreement is binding on and shall inure to the benefit of the parties and their respective successors and permitted assigns.
27. EXPORT CONTROL. You agree to obey and comply with any and all applicable United States laws, rules, and regulations governing the export of the Sites and Courses.
28. COPYRIGHT. All contents, excluding user generated content, copyright 2017 Your Training Place, LLC. All rights reserved.
29. NO LICENSE. Nothing contained herein should be understood as granting you a license to use any of the trademarks, service marks, or logos of YTP or by any third party.
30. USER EVALUATIONS. We may ask you for an evaluation of the Site and Courses. Should you provide an evaluation, you grant us a permanent, worldwide, royalty free license to publish the evaluation on the Site. You will not be compensated for the evaluation or its use. You agree that we may publish or otherwise disclose your name, city, and state in connection with the evaluation.
31. TERMS UPDATES. We reserve the right to update these Terms at any time in our sole discretion. If we modify or update these Terms, we will provide a thirty (30) day period during which you may accept or reject the update. We will notify you of the update the next time you access the Sites after the implementation of the update. Should you reject such an update, your account will be terminated.
32. ENTIRE AGREEMENT. This Agreement along with all incorporated references detailed herein supersedes all prior discussions, representations, warranties, and agreements, both written and oral, among the parties with respect to the subject matter hereof, and contains the sole and entire Agreement between the parties with respect to the subject matter hereof.
33. CONTACT. If you have any questions regarding these Terms, please contact us at .