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eLearning / eCard Policy
Student Guest Policy
BY SUBMITTING PAYMENT FOR A COURSE WITH COLUMBIA SAFETY LLC, I STATE THAT I HAVE READ AGREE WITH, AND WILL ABIDE BY ALL POLICIES STATED HEREIN.
We make every effort to provide a comfortable and supportive learning environment. If you are uncomfortable for any reason, please speak with the Lead Instructor; call our office at 509.820.3883 or email Info@ColumbaiSafety.net
NO WARRANTY. ALL PRODUCTS AND SERVICES OFFERED BY ALLIED ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, CONTENT, SOFTWARE, PRODUCTS, SERVICES, AND RELATED CONTENT (COLLECTIVELY, “SYSTEM MATERIALS”) FOR ANY PURPOSE AND MAKE NO REPRESENTATION THAT ANY COURSE WILL MEET YOUR SPECIFIC NEEDS.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID TO US BY COLUMBIA SAFETY, LLC FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH COLUMBIA SAFETY, LLC.
User Content. All user content generated, produced or created by you that is posted to our website will be your property but you grant us and our affiliates a non-exclusive, worldwide, fully paid–up and royalty–free license to use such content in whole or in part, for our business purposes.
No Liability. UNDER NO CIRCUMSTANCES SHALL WE OR OUR AFFILIATES BE LIABLE IN ANY WAY FOR ANY USER CONTENT POSTED ON OR MADE AVAILABLE THROUGH THE SYSTEM. We do not control, have no obligation to monitor, and are not responsible for what users post, and are not responsible for any offensive, inappropriate, obscene, unlawful, infringing, or otherwise objectionable or illegal user content.
Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic or pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Governing Law and Jurisdiction. These Terms are governed by and construed in accordance with the internal laws of the State of Minnesota without giving effect to any choice or conflict of law provision or rule.
Dispute Resolution and Binding Arbitration.
YOU AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR USE OF ALLIED’S PRODUCTS OR SERVICES, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
The prevailing party in any arbitration shall be entitled to recover costs and reasonable attorneys’ fees.
You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of the fact giving rise to your claim. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
Notwithstanding anything to the contrary herein, we may seek injunctive or equitable relief in a court of competent jurisdiction, and you agree and hereby submit to jurisdiction of the state and federal courts in Minnesota.
Use, display, mirror, embed, or frame Allied websites, webpage, content (including, without limitation, text, graphics, images, music, software, audio, video, information or other materials that Allied makes available through its website, videos, or livestreams, including any works of authorship licensed from a third party), or any individual element within Allied’s website or its content, Allied’s name, any Allied trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Allied’s express written consent;
Publicly display Allied’s site, services, or content;
Share Allied’s content with any other person;
Access, tamper with, or use non-public areas of the Allied’s site or computer systems;
Attempt to probe, scan, or test the vulnerability of any Allied’s system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Allied or any of Allied’s providers or any other third party (including another user) to protect Allied’s site, services, and content;
Attempt to download or record content from the Allied’s site or content through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like), cameras, mobile phones, etc. except as expressly authorized by Allied;
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation to Allied;
Use any meta tags or other hidden text or metadata utilizing Allied’s trademark, logo URL or product name without Allied’s express written consent;
Use the Allied’s site or content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the site;
Collect or store any personally identifiable information from the site from other users of the site or content without their express written permission;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing.
No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Allied.
No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
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