Terms and Conditions for Training Courses
The following constitute the terms and conditions to which you agree when booking any standard training or e-learning courses (“Terms and Conditions”). If you are agreeing to these Terms and Conditions not as an individual but on behalf of your company or other legal entity, then “Customer” or “you” or “your” shall refer to such entity and its affiliates, and you represent that you have the authority to bind such entity and its affiliates to these Terms and Conditions and you are binding your company to these Terms and Conditions.
You and Applied Dynamics International, Inc. (ADI or Applied Dynamics) shall each be referred to as a “Party” and together as the “Parties” in this Agreement. If you do not have such authority, or if you do not agree with these Terms and Conditions, you should not accept these Terms and Conditions and may not use the training materials, training or documentation, whether printed or available online. Applied Dynamics reserves the right to review and update these Terms and Conditions periodically at its sole discretion.
By accepting this agreement, either on-line, through issuing a purchase order for training services or by using or accessing the training materials, you agree to be bound by the terms of this agreement.
1.1 Standard training.
Standard training and e-learning courses can be booked via the forms available on ADI’s website. When you submit a booking for an online course, your submission represents an offer to ADI to book you onto the course you selected.
ADI will accept your submission by entering your booking into ADI’s system and by sending you an email confirming that you have been booked together with information on starting your training.
1.2 Custom training.
Custom training engagements can also be conducted by experienced engineers of Applied Dynamics. Contact your Account Manager for details and options.
Training fees can be paid at the time of booking via secure online payment process if you are located in the United States. Otherwise they can be paid by check or bank account transfer. In all cases, payment must be received prior to the start of training. If you elect to pay the fees online, all major credit and debit cards are accepted. A receipt will be sent to you by email confirming payment. The online credit card processing company will receive the information needed to verify and authorize your payment card and to process your order and is under strict legal and contractual obligations not to disclose this information to third parties. Please note that if you do not provide accurate details (including type of card and number) or if your credit card company does not authorize payment, your application will be deemed void. ADI will not accept any liability for costs incurred as a result of applications deemed void in this manner.
Sales taxes, if any, are charged at the applicable rate depending on the product and/or customer.
3 Your Obligations
You may not allow anyone else to access the training resources, including use of any demo licenses, that are provided to you for this training. You must comply with all health and safety rules and regulations and any other reasonable security requirements that apply at the premises at which the training courses are provided (At ADI’s facility or elsewhere). ADI reserves the right to remove any student from a training course whose behavior is deemed inappropriate by ADI or its trainers. In these circumstances, ADI will neither refund any fees, nor reimburse any other costs or offer access to future training courses.
4.1 Cancellation by student.
Once you have booked an e-learning course or package, the fee is nonrefundable.
4.2 Cancellation by ADI.
ADI reserves the right to cancel any training course due to insufficient enrollment by providing notice to you at least 7 calendar days prior to schedule commencement date. In the event of cancellation by ADI, you may elect to receive a full refund of registration fees paid or credit toward alternative class(es). Nevertheless, ADI will not be responsible for non-refundable tickets purchased or reservations made by you. If a training class is cancelled by ADI due to any Force Majeure Event as defined in Section 10.5, the Customer is entitled to a full class credit which must be used within 6 months of the date of the original class for another class offered by ADI.
5 Ownership and Intellectual Property Rights
All training materials are owned by ADI. All intellectual property rights in all training materials available, including the design, graphics and text of all printed materials and the audio of all webinars and podcasts, are owned by ADI. When you are given access to the training materials, you are granted a non-exclusive, non-transferable, revocable license to use the training materials. No training materials may be copied, reproduced, uploaded, posted, displayed or linked to in any way, in whole or in part, without ADI’s prior, written permission. Any such use is strictly prohibited and will constitute an infringement of ADI’s intellectual property rights.
To provide a continuous check on the consistency and quality of training delivery, all students will receive a follow-up request at the end of each course asking to submit feedback in the form of a satisfaction survey or course evaluation. This feedback will be reviewed in detail and will be used to make continuous improvements to class content and delivery.
Except as otherwise set forth in these Terms and Conditions, each party may disclose to the other party certain confidential information under these Terms and Conditions. Each party agrees that all code, inventions, know-how, business, technical and financial information or any information specifically designated as confidential or that would be understood to be confidential or proprietary by a reasonable person disclosed to such party (“Receiving Party”) by the disclosing party (“Disclosing Party”) constitute the confidential property of the Disclosing Party (“Confidential Information”). Any ADI technology, any commercial terms (including pricing) of these Terms and Conditions and any
performance information relating to the products shall be deemed Confidential Information of ADI without any marking or further designation. Except as expressly authorized herein, the Receiving Party will use (and will ensure that its employees, Affiliates, agents, contractors and any approved third parties use) reasonable efforts (which shall be no less than the efforts used to protect its own confidential information of a similar nature) to prevent the disclosure of any Disclosing Party’s Confidential Information for any purpose other than providing the training contemplated by these Terms and Conditions unless authorized by the Disclosing Party.
The Receiving Party’s nondisclosure obligation shall not apply to information which the Receiving Party can document:
i. was rightfully in its possession or known to it prior to receipt of the Confidential Information;
ii. is or has become public knowledge through no fault of the Receiving Party;
iii. is rightfully obtained by the Receiving Party from a third party without breach of any confidentiality obligation; or
iv. is independently developed by employees of the Receiving Party who had no access to such information. The Receiving Party may also disclose Confidential Information if required pursuant to a regulation, law or court order (but only to the minimum extent required to comply with such regulation or order and with advance notice to the Disclosing Party).
Both Parties agree to defend, indemnify, and hold harmless the other Party and its directors, officers and employees from and against any demands, damages, or liabilities (including reasonable attorneys’ fees) arising from a third-party claim that the indemnifying Party caused bodily injury (including death) or damaged real or tangible personal property.
8 Limitation of Liability
ADI does not accept responsibility for anyone acting as a result of information in, or views expressed on, its training courses including course materials. Opinions expressed are those of individual trainers and not necessarily those of ADI. Students should take professional advice when dealing with specific situations.
To the maximum extent permitted by law, ADI shall not be liable for any loss of use, lost or inaccurate data, failure of security mechanisms, interruption of business, costs of delay or any indirect, special, incidental or consequential damages of any kind, regardless of the form of action, whether in contract, liability or otherwise, even if informed of the possibility of such damages in advance. To the maximum extent permitted my law (US, Michigan) ADI’s liability shall not exceed the amount actually paid for the training course.
9 Warranty and Disclaimer
ADI ensures that all our training services are delivered diligently and in a good, timely and professional manner consistent with industry standards. The training services will be performed as described in the individual class agendas. ADI shall provide such trainers to present the training course as it, in its sole discretion, deems fit and ADI shall any time be entitled at to substitute any trainer with any other person who, in ADI’s sole discretion, it deems suitably qualified to present the relevant course.
ADI does not warrant that the provision of any content online will always be available or be uninterrupted, timely or error free, that defects will be corrected or that such content is secure or free from bugs, viruses, errors and omissions.