Effective Date: October 1st, 2020
By using this website, registering as a user or paying for a course, service or product, you are to the following terms and conditions.
This agreement (hereinafter, “Agreement”) is made by and between OMNIPEAR, a business, organized under the laws of the state of New Jersey, hereinafter referred to as “Course Provider,” and you, further defined below, as a participant (user) on this site (or 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 and screens in and on this site and Course (all collectively referred to as “Course”) and any services provided by or on this Course Provider through the Course (“Services”) and/or on the Course Provider’s website (“Website”).
A) The parties referred to in this Agreement shall be defined as follows:
I) Course Provider, us, we: Course Provider, as the creator, operator, and publisher of the Course, is responsible for providing the Course publicly. Course Provider, us, we, our, ours and other first-person pronouns will refer to the Course Provider, as well as, if applicable, all employees and affiliates of the Course Provider.
II) You, the user, the participant: You, as the participant in the course and user of the website, services or products will be referred to throughout this Agreement with second-person pronouns such as you, your, yours, or as user or participant.
III) Parties: Collectively, the parties to this Agreement (Course Provider and You) will be referred to as Parties.
B) The Course details are as follows:
I) Course Name: OMNIPEAR -All Courses
II) Course Description: See website for full course descriptions
III) Total Course Fees (“Fees”): Fees vary by course
IV) Course URL: omnipear.com and its related course URLs
C) Services or Products: As described via website
By purchasing, participating, visiting or registering via this site for a Course, service or training, you warrant that you have read and reviewed this Agreement and that you agree to be bound by it.
By creating a registration, you are agreeing to our services.
USE OF LOGOS
The OMNIPEAR logos are proprietary. Expressed and pre-approved permission is required by our legal representative.
“CBEP”, “MSEP”, “CTD”,“CMP” “PMI”, “PMP”, “PgMP”, “CAPM”, “PMI-ACP”, “PMI-PBA”, “PMBOK”, “CGCP” Logos are trademarks of OMNIPEAR, The CPD Standards Office, Events Industry Council, *Project Management Institute, Inc. & the American Hotel & Lodging Educational Institute.
The Company name, the term “American Hotel & Lodging Educational Institute” and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners. Gust Services GOLD is a registered product and trademark of AHLEI. OMNIPEAR is a registered academic instructor and approved exam proctor for AHLEI.
AMERICAN WITH DISABILITIES ACT
OMNPEAR does not and shall not discriminate on the basis of race, color, religion (creed), gender, gender expression, age, national origin (ancestry), disability, marital status, sexual orientation, or military status, in any of its activities or operations. will provide reasonable accommodations for any persons with disabilities such as hearing/visual impaired, dyslexia or physical impairment. This website is partly in compliance with the Act. If special assistance is required to accommodate any disability, please send a request to email@example.com.
HOLD HARMLESS AGREEMENT
By use of the site, defined as visiting this site for any reason, is an agreement and acknowledgment that the user will not bring claims against OMNIPEAR and its employees, affiliates, or partners regarding content, material, policies, or terms related to this website. Additionally, your IP address is registered and logged as acceptance when visiting this site.
“OMNIPEAR has been approved by the Events Industry Council (EIC)* as a Preferred Provider of the below-listed continuing education courses, which courses qualify for CMP continuing education credit. Determination of continuing education credit eligibility or Preferred Provider status does not imply EIC’s endorsement or assessment of education quality.” OMNIPEAR is an instructor of content and approved exam proctor for AHLEI.
All expressed content are in compliance to Section 107 of the Copyright Act provides the statutory framework for determining whether something is a fair use and identifies certain types of uses—such as criticism, comment, news reporting, teaching, scholarship, and research—as examples of activities that may qualify as fair use.
You must be at least 18 (eighteen) years of age to use this Website, participate in the Course or access any Services contained herein. By participating in the Course, you represent and warrant that you are at least 18 years of age and may legally agree to this Agreement. Course Provider assumes no responsibility or liability for any misrepresentation of your age.
LICENSE TO USE WEBSITE & ACCESS COURSE MATERIALS
We may provide you with certain information as a result of your accessing of the Course through the Website. Such information may include, but is not limited to, documentation, data, or information developed by us and other materials which may assist in your participation in the Course (“Materials”). Subject to this Agreement, we grant access to the Materials solely in connection with your participation in the Course and your use of the Website. The Materials may not be used for any other purposes without expressed and written consent from the owner.
The Course does not have a structured start date, which means you may begin it at any time. Whether or not the Course has been completed, it will expire within a limited amount of time after purchase: Limit varies based on course enrolled.
At the completion of the Course, you will receive a certificate evidencing your participation in, and completion of, the Course. And, in some cases, you may receive the permission use a credential tied to your course completion.
The Course and any of its accompanying Materials may not be shared with any party. If we suspect that the Course or Materials are being shared and/or that you have shared your log-in information with any party, we reserve the right to immediately terminate your access to the Course, in our sole and exclusive discretion.
We do not offer any promises or guarantees with regard to our Course or Course Materials. You hereby acknowledge and agree:
A) You are solely and exclusively responsible for the choices that you make with regard to this Course, the Materials contained within it, or any significant changes to your business or life;
B) You are solely and exclusively responsible for your own mental health, physical health, business decisions, and any other actions or inaction you choose to take;
C) We are not liable for any result or non-result or any consequences which may come about due to your participation in the Course;
D) This Course does not constitute a therapeutic relationship or a medical one. We do not provide therapy or medical services and you are responsible for procuring these services at your own will and discretion if needed.
You agree that the Materials, the Course, the Website, and any other Services provided by the Course Provider are the property of the Course Provider, including all copyrights, trademarks, trade secrets, patents, and other intellectual property (“Company IP”). You agree that the Company owns all right, title and interest in and to the Company IP and that you will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Company.
As a participant in the Course, you will be asked to register with us. When you do so, you will choose a user identifier, which may be your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable you to participate in the Course. You must not share such identifying information with any third party, and if you discover that your identifying information has been compromised, you agree to notify us immediately in writing. Email notification will suffice. You are responsible for maintaining the safety and security of your identifying information (such as passwords) as well as keeping us apprised of any changes to your identifying information.
The billing information you provide us, including credit card, billing address and other payment information, is subject to the same confidentiality and accuracy requirements as the rest of your identifying information. Providing false or inaccurate information, or using the Course or the Website to further fraud or unlawful activity is grounds for immediate termination of this Agreement.
OBLIGATIONS: As a participant in the Course, you will be asked to undertake and complete the following obligations:
Complete assignments as defined by each course
PAYMENT & FEES
As noted above, the total Fees for the Course are as follows: Vary by course, see course catalog or list of courses.
The entirety of the Fees are due and payable upon your registration in the Course. No payment plans or installment plans are available. We do not offer refunds for course enrollment.
You agree not to use the Course or the Website for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Course or the Website in any way that could damage the Course, Website, Services, or general business of the Course Provider.
a) You further agree not to use the Course or the Website:
I) To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
II) To violate any intellectual property rights of the Course Provider or any third party;
III) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
IV) To perpetrate any fraud;
V) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
VI) To publish or distribute any obscene or defamatory material;
VII) To publish or distribute any material that incites violence, hate, or discrimination towards any group;
VIII) To unlawfully gather information about others.
AFFILIATE MARKETING & ADVERTISING
We engage in affiliate marketing whereby we receive a commission on or percentage of the sale of goods or services on or through the Course and/or Website. We may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation. This disclosure is intended to comply with the US Federal Trade Commission Rules on marketing and advertising, as well as any other legal requirements which may apply.
The Course and Website are provided for informational purposes only. You acknowledge and agree that any information posted in the Course, in the Materials, or on the Website is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between you and us. You further agree that your participation in the Course is at own risk. We do not assume responsibility or liability for any advice or other information given in the Course, in the Materials, or on the Website.
- Materials used are either provided by general use as per “Fair Use” Laws. “Fair use” is the right to use portions of copyrighted materials without permission for purposes of education, commentary, or parody. … Fair use rules for educational uses are very specific and, if complied with, can generally prevent lawsuits—which is not the case for general fair use principles.
- We are not liable for any damages that may occur to you as a result of your participation in the Course or your use of the Website, to the fullest extent permitted by law, as noted above. This section applies to any and all claims by you, including, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
REVERSE ENGINEERING & SECURITY
You agree not to undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Course or Website;
b) Violate the security of the Course or Website through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
We will do everything possible to protect your personal information. However, you assume or accept responsibility for the security of your account or content. You agree that your participation in the Course or use of the Website is at your own risk.
You agree to defend and indemnify the Course Provider and any of our affiliates (if applicable) and hold us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to your participation in the Course, your use or misuse of the Website, your breach of this Agreement, or your conduct or actions. You agree that we shall be able to select our own legal counsel and may participate in our own defense, if we wish.
You are strictly prohibited from using Course for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
MODIFICATION & VARIATION
We may, from time to time and at any time without notice to you, modify this Agreement. You agree that we have the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, you agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.
This Agreement constitutes the entire understanding between the Parties with respect to the Course. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral.
We may need to interrupt your access to the Course to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Course and/or Website may be affected by unanticipated or unscheduled downtime, for any reason, but that we shall have no liability for any damage or loss caused as a result of such downtime.
TERM, TERMINATION & SUSPENSION
We may terminate this Agreement with you at any time for any reason, with or without cause. We specifically reserve the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of us or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. You may also terminate this Agreement at any time by contacting us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
Please be advised that terminating this Agreement does not entitle you to a refund on any monies spent with us.
You agree that your participation in the Course and your use of the Website is at your sole and exclusive risk and that any Services provided by us are on an “As Is” basis. We hereby expressly disclaim any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Course or Website will meet your needs or that the Course or Website will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information in the Course or on the Website. You agree that any damage that may occur to you, through your computer system, or as a result of loss of your data from your participation in the Course or your use of the Website is your sole responsibility and that we are not liable for any such damage or loss.
A) LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language.
B) JURISDICTION, VENUE & CHOICE OF LAW: Through your participation in the Course and your use of the Website, you agree that the laws of New Jersey shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between you and us, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts of the following county: Union, New Jersey. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine.
C) ARBITRATION: In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the following county: Union. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of the following state: New Jersey. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by us will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.
D) ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by Course Provider, the rights and liabilities of Course Provider will bind and inure to any assignees, administrators, successors, and executors.
E) SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
F) NO WAIVER: In the event that we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
G) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
H) 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 to third parties.
I) FORCE MAJEURE: We are not liable for any failure to perform due to causes beyond our 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 unforeseen circumstances.
J) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including e-mail or fax. For any questions or concerns, please email us at the following address: firstname.lastname@example.org.