Terms and Conditions of Use:
Last updated: 4/7/2023
Your use of the trainingcove.com website and its educational courses (herein referred to as "Website") is subject to the following terms and conditions ("Terms"). We reserve the right to make changes to these Terms at any time, and your use of the Website after changes are made shall constitute acceptance of those changes.
Content:
All information published on the Website is copyrighted by Systems Effect L.L.C. dba Training Cove, Scottsdale, AZ (herein referred to as "Provider"). All rights are reserved and the information may not be reproduced, transmitted, modified, shared or distributed in any way. The information presented is intended to be of an educational nature only and is not intended to provide legal advice. A reasonable effort has been made to ensure the information presented is factual, but errors may exist and circumstances may be different for each person. You agree to countercheck all facts and seek competent legal advice before relying upon any information presented herein. The information presented is subject to change at anytime. The Provider is not responsible for errors or damages of any kind resulting from use of the information contained herein. You hereby agree to release and forever discharge the Provider and instructors from any and all causes of action and/or claims
for relief (including attorney fees and court costs) which may be sustained as a result of the information presented. The Website may provide links to other websites that are not owned or controlled by Provider, and Provider is not responsible for the content or policies of any other website. All references to other companies or product names may be trademarks of their respective owners. All photos shown during classes are for illustrative purposes only and are not intended to represent actual people, places or events. When you pay for access to a course or other information on the Website, you acknowledge that your access to the information may be terminated upon completion of the course, upon expiration of state approval of the course, upon violation of the Terms, or after 180 calendar days have elapsed since payment was made. Provider reserves the right to modify, suspend or discontinue the Website (or any portion thereof) with or without notice, and may modify or waive the fees charged for access to the Website at any time.
Technology:
The Website is hosted by an external party and is not guaranteed to be available at all times. You are responsible for obtaining and maintaining your own computer
equipment, internet service and any other equipment or services needed to access and use the Website. The Provider is not responsible for loss or damages of any kind resulting from lack of accessibility to the Website for any reason. In the event that damages are awarded by a court, the maximum damages awarded shall not exceed the amount of money paid by you to access the Website. As a user of the Website, you have a username and password that controls your access to the Website. You agree not to share your username and password with any other person and agree to promptly notify Provider if you believe there may be unauthorized use of your credentials. Provider shall not be held responsible for failure to comply with the foregoing. All payments that you make for products and services on the Website are handled by PayPal or another outside payment processsing company. Provider shall not be responsible for security problems or a breach of information that you provide to the payment
processing company. You authorize the Provider to supply the payment processing company with transaction information and identifying information needed for the transaction.
Daily Limits on Continuing Education:
Some state regulations limit the number of hours of continuing education that a student may complete each day. You acknowlege that times and dates shown on course completion records are based on the server time, and are not adjusted to your local time zone. The Website may assist with complying with these daily limits; however, any limitations are based on server time and you remain fully responsible for complying with your state regulations.
Privacy:
A separate
Privacy Policy
has been provided that describes our use of information provided.
Refunds:
Once payment has been made for use of the Website, no refunds will be provided.
Credit From State Licensing Agencies:
Provider makes a reasonable effort to provide educational courses that can be used to obtain credit with state licensing agencies; however, you assume all responsibility for ensuring that the particular courses completed will meet your particular requirements and for delivering notification of courses completed to your state agency. In the event that Provider elects to issue notifications of completed courses to a state agency, these notifications are provided without warranty of any kind. You acknowledge that there are a variety of reasons that the state agency may not receive these
notifications, or may not receive them in a timely manner. You maintain sole responsibility for ensuring your state agency has received notice of courses completed and that you have met the requirements of your state agency. You hereby release and hold harmless the Provider against all losses, claims and liabilities associated with notifying your state agency and meeting your educational requirements.
Copyright Complaints:
Provider respects the intellectual property of others and operates in accordance with the terms of the Digital Millennium Copyright Act (“DMCA”). If anyone believes that their work has been copied in a way that constitutes copyright infringement, they should provide written notification to our agent at the following address:
System Effect L.L.C.
Attn: Copyright Agent
14301 N 87 St #106
Scottsdale, AZ 85260
In the notification, they should provide us with the following information:
1) A physical signature of the person authorized to act on behalf of the owner of the
copyright interest;
2) A description of the copyrighted work that they claim has been infringed upon;
3) A description of where the material that they claim is infringing is located on the site;
4) Their address, telephone number, and e-mail address;
5) A statement by them that they have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6) A statement by them, made under penalty of perjury, that the above information in the notice is accurate and that they are the copyright owner or authorized to act on the copyright owner's behalf.
Limitation of Liability:
THE WEBSITE IS MADE AVAILABLE TO YOU BY PROVIDER ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY
WARRANTY THAT THE WEBSITE WILL: (A) MEET YOUR REQUIREMENTS; (B) BE WITHOUT INTERRUPTION, ERROR-FREE, SECURE OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROVIDER WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE OR INFORMATION PROVIDED INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. YOU AGREE THAT USE OF THE WEBSITE AND SERVICES IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE.
Indemnity:
Except to the extent prohibited under applicable law, you agree to indemnify, defend and hold harmless Provider and its members, managers, officers, employees, instructors, representatives, affiliates, licensors, and service providers, from and against all claims, losses, costs and expenses (including attorneys’ fees) arising out of your use of the Website.
Applicable Laws:
The Website is
controlled by Provider from its offices in Arizona. Any claim pertaining to the Website shall be governed by the laws of the state of Arizona, without regard to any rules governing conflicts of laws.
Taxes:
Sales tax is not included in the price of our products. Customers are solely responsible for paying any applicable sales tax in accordance with their state or local tax laws.
Severability:
If any provision of these Terms shall be held invalid or unenforceable, such invalidity or unenforceability shall not affect any other provisions hereof, and the Terms shall be construed and enforced as if such provisions had not been included.
Entire agreement:
These Terms contain the entire agreement and understanding between you and Provider regarding the use of the Website and supersede any prior agreement or understanding, whether written or oral, between you and Provider regarding the subject matter contained in these Terms.