Effective Date: July 5, 2018
Thank you for using eTraintoday.com.
We hope You enjoy eTraining’s high quality, interactive, content-rich online workplace safety training. The owners of eTraining drew upon their extensive experience in the safety training industry to develop eTraining’s user-friendly services. These Terms of Service (“Terms”) let You know how You may and may not use this website, etraintoday.com, and other tools or services as may be provided by eTraining (collectively, the “Website”). These Terms also inform You of Your rights and duties when using the Website.
- eTraining May Amend These Terms and Will Update the Effective Date Shown Above to Notify You
eTraining reserves the right to amend, replace, suspend, or terminate this Agreement or any portion of these Terms at any time as required by changes in the law, circumstances, its business, or any other reason as determined by eTraining in its sole discretion. Even if You have used eTraining before, You should review these Terms.
You warrant that You are of sound mind and competent to agree to the provisions of these Terms thereby entering into a binding Agreement with eTraining. You also warrant that Your use of the Website does not violate any law, regulation, ordinance, statute, or treaty applicable to individuals or other entities located in the jurisdiction in which you live, conduct business, or make use of the Website. You further warrant that you are not prohibited from entering into this Agreement by the terms of any pre-existing agreement or obligation. If You are accessing or using the Website on behalf of a governmental organization, non-governmental organization, business, or other legal entity, You warrant that you are an authorized agent of that organization and that you have the authority to bind that organization to the provisions of this Agreement.
- Intellectual Property Rights
eTraining is the owner of all rights in, and to, the Website and all associated content, including, but not limited to, copyright rights, trademark rights, patent rights, rights of publicity and privacy, trade secret rights, and any other property or proprietary rights. The Website is protected by copyright and other intellectual property laws under the laws of the United States, foreign states, as well as international treaties, and eTraining provides You with the right to use the Website on a limited basis without forfeiting any of its rights in and to the Website and associated content. You are expressly prohibited from using the Website for any purposes not authorized by these Terms. In some instances, eTraining may offer training materials or services provided by an affiliate third-party. In such cases, You may be directed to third-party websites. Your use of such third-party materials or services will be governed by the applicable third-party terms and conditions and any other applicable laws or agreements.
- How You May Use the Website
eTraining hereby provides You with a limited, non-exclusive, non-assignable, non-sublicensable, revocable license to use the Website for its customary and intended purposes. Use of the Website for a purpose outside of its customary and intended purposes or in violation of the express provisions of these Terms will immediately terminate any limited license granted to You by eTraining through these Terms or otherwise. This license may be revoked by eTraining in its sole discretion at any time, and any rights not expressly granted herein are reserved by eTraining.
You are expressly prohibited from reproducing, preparing derivative works based upon, distributing, publicly performing, publicly displaying, scraping, framing, hacking, reverse engineering, crawling, or aggregating the any portion of the Website, whether in whole or in part, without the prior written consent of eTraining. The prohibition on crawling and/or aggregating does not apply to search engines that appropriately comply with eTraining’s robots.txt file.
- Registering an Account with eTraining
In order to obtain access to some features or areas of the Website, You may be required to register and create an account (“Account”). Unless otherwise stated, You may only use the Account that You register, and You are expressly prohibited from providing third parties access to Your Account. You agree that, in registering an Account, You will provide eTraining with accurate, complete, relevant, and current information. You are solely responsible for maintaining the security and confidentiality of Your Account login information. eTraining takes Your privacy and our security seriously, and You are solely responsible for any access to Your Account, whether authorized or unauthorized. In the event Your Account is accessed without Your authorization, You agree to immediately provide written notice to eTraining upon learning of such unauthorized access. By creating an Account, You agree to receive communications from eTraining by any available means as needed and determined in its sole discretion, including, but not limited to, the email address You provide when registering Your Account. eTraining reserves the right to accept, reject, modify, suspend, or delete any Account at any time and for any reason in its sole discretion. In some cases, eTraining may offer Accounts to training managers who may setup a login for their respective companies. For such Accounts, training managers may allow persons within their companies to access these Accounts as is reasonably necessary to utilize eTraining’s Website and services.
- Your Use of the Website and Third Parties
Some portions of the Website may allow You to share or post information, including photographs and other media. You warrant that any content uploaded or transmitted to or using the Website is owned by You or that You have obtained appropriate rights to use the content for such purposes. If You hold any copyright rights to content uploaded to the Website by You, You will retain such rights but by uploading or otherwise posting such content You grant eTraining an irrevocable, non-exclusive, royalty-free license to use such content in connection with the Website for its customary and intended purposes. You warrant that any use of the Website or transmission of content via the Website will not: (1) violate any term or condition of these Terms; (2) violate the rights of any third party, including rights of privacy, publicity, or intellectual property rights; or (3) violate any law, statute, regulation, ordinance, or treaty, whether local, state, provincial, national, or international. By uploading or transmitting information using the Website, You expressly waive Your rights of publicity and privacy with respect to that content. You may only use the Website and/or any of eTraining’s services if you are over thirteen (13) years of age.
- Communications Decency Act
You acknowledge and agree that the Website is an interactive computer service as defined under 47 U.S.C. § 230 of the Communications Decency Act (“CDA”) of the United States. eTraining is not a speaker or publisher of any information provided by You or any third party using the Website regardless of whether eTraining chooses to remove, suspend, change, or amend such information, which it may, in its sole discretion, chose to do.
You agree to hold harmless, defend, and indemnify eTraining from and against any and all claims, demands, judgments, liabilities, costs, and fees, including attorneys’ fees, arising out of or related to: (1) the creation or use of an Account; (2) the uploading or transmitting of user-generated content using the Website; (3) a violation of any provision of these Terms; (4) a violation of any right of any third party, including rights of privacy, publicity, and/or intellectual property rights in connection with Your use of the Website; and/or (5) the violation of any law, statute, regulation, ordinance, or treaty, whether local, state, provincial, national, or international in connection with Your use of the Website. Your obligation to indemnify eTraining will not provide You with the ability or right to control eTraining’s defense or legal strategy, and eTraining reserves the right to control its defense in its sole discretion, including, but not limited to, the choice to litigate or settle and the choice of counsel.
- Modification of the Website or eTraining’s Services
eTraining reserves the right to accept, reject, modify, remove, suspend, or delete any Account or user-generated content at any time for any reason as determined in its sole discretion. eTraining reserves the right to modify or cease providing access to its Website or any of its associated services at any time without notice and in its sole discretion.
- Interactions Between Users of the Website
You understand and agree that eTraining provides the Website as a service and takes no responsibility and cannot be held liable or responsible for any communication or conduct entered into by or between users of the Website whether through Accounts or otherwise. eTraining makes no representations or warranties with respect to any user’s communications received by You through the Website. eTraining may allow professionals with significant experience (the “Instructors”) to upload brief descriptions of their professional accomplishments and areas of expertise. eTraining may include similar information about or from Instructors with course materials. eTraining presents this information “as is” and makes no claim as to the accuracy of such information. As described above, however, any Instructor who provides or uploads inaccurate information would thereby violate these Terms, and eTraining may terminate any Instructor’s Account if it becomes apparent that an Instructor has misrepresented their professional experience. Such determinations shall be made by eTraining in its sole discretion.
eTraining does not endorse and is not responsible for any content, data, advertising, products, goods, or services available or available from or through any Instructor listed on the Website or using the Website. You agree that should You use or rely on such content, data, advertising, products, goods or services, available from or through any Instructor, eTraining is not liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance.
All Instructors utilizing the Website are independent contractors and You agree and recognize that no Instructor shall be construed as an agent of eTraining. eTraining provides the Website that facilitates the safety training provided by third-party Instructors who are not employees of eTraining. Instructors are not employed by eTraining and eTraining is not responsible for any interactions that occur between You and a Trainer or between You and another user of eTraining’s services. Instructors using the Website must, in addition to abiding by these terms, may be required to enter into an Independent Contractor Agreement with eTraining, which is incorporated herein by reference as though fully restated.
Any content created by Instructors, including any recording or materials reflecting the content of a training session, shall be owned by eTraining. No training session may be recorded unless eTraining consents to such recording. Any recording of a training session belongs to eTraining and may only be used by You in Your personal capacity subject to a non-exclusive, revocable, and royalty-free license to use such recordings to further the purposes of the training. Such recordings may not be distributed, reproduced, published, displayed, shared online, or used in any commercial fashion outside of the training facilitated by eTraining. This paragraph shall apply whether any such recording is made using the Website or any third-party communication tools.
- Cancellation Policy
By booking, purchasing, or otherwise reserving a training session, You agree to this Cancellation Policy. Cancellations must be made in writing more than forty-eight (48) hours before the time a training session is scheduled to begin. If You cancel any session less than forty-eight (48) hours prior to its start, eTraining is not obligated to but may use its best efforts to reschedule the session or obtain a refund of the money paid for that session. Any refunds for training sessions canceled in violation of this Cancellation Policy shall be provided at eTraining’s sole discretion.
- Specifically Prohibited Use of the Website
You agree that You will not: (1) send unsolicited commercial messages using the Website; (2) impose a disproportionate load on the Website, including the server infrastructure, or otherwise attempt to interfere with the operation of the Website; (3) circumvent any technological or security protection mechanisms used by eTraining; (4) use a robot, spider, scraper, or other automated technology to access the Website; (5) attempt to gain access to the private data or personal information of a user of the Website or a third party through the Website; (6) post or otherwise transmit content intended to collect personal or personally identifiable information from users of the Website or third parties by using the Website in any way; (7) harass any user of the Website; (8) harass any third party through Your use of the Website; (9) post or transmit content that threatens or encourages bodily harm or the destruction of property; (10) post or transmit content that infringes upon the intellectual property rights of other users of the Website or third parties; (11) post or transmit content that constitutes fraud, an unwanted commercial solicitation, a phishing scam, a pyramid scheme, a chain letter, or any similar nuisance; or (12) post or transmit any content of a graphic sexual nature or content in violation of 18 U.S.C. § 2257.
All payments for services, products, any applicable taxes, information, or otherwise, offered through the Website are non-refundable. You hereby authorize eTraining’s payment processing agent to charge Your credit card (or other approved payment method). You further agree to pay all fees and charges as described in the Website on time, and eTraining may terminate or disable Your access to the Website or suspend its services if you fail to pay any amount owing to eTraining when due. You agree that You will pay all costs of collection, including legal fees, incurred by eTraining if it is forced to expend resources collecting any monies owed to it by You.
If You dispute the amount or validity of any payments made under these Terms, You must notify eTraining within ten (10) days of any such dispute. You understand and agree that by failing to notify eTraining of any dispute within ten (10) days you will expressly waive any claims related to or arising out of the disputed payment.
- Third Party Links
This Agreement will remain in full force and effect until your Account is closed. You may terminate your Account by notifying eTraining in a signed writing stating Your intent to terminate the Agreement created by these Terms and Your use of the Website. Any cancellation of a training session must comply with the Cancellation Policy described above in § 13. eTraining may terminate this Agreement without liability at any time, without notice, and for any reason, including but not limited to a violation of a term or condition of these Terms as determined by eTraining in its sole discretion.
- eTraining’s Disclaimer of Warranties
ETRAINING PROVIDES THE WEBSITE ON AN “AS-IS” BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHATABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TITLE, ACCURACY, OR NON-INFRINGMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, YOU ARE ADVISED TO CONSULT WITH AN ATTORNEY TO UNDERSTAND YOUR RIGHTS UNDER THE LAW.
- Limitation on Liability
ETRAINING WILL NOT BE HELD LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY CLAIMS, DAMAGES, JUDGMENTS, LIABILITIES, COSTS, CHARGES, OR FEES, INCLUDING ATTORNEYS’ FEES, WHETHER IN TORT, CONTRACT, PERSONAL INJURY, OR STRICT LIABILITY, INCLUDING, BUT NOT LIMITED TO, INDIRECT DAMAGES, CONSEQUENTIAL DAMAGES, EXEMPLARY DAMAGES, INCIDENTAL DAMAGES, STATUTORY DAMAGES, SPECIAL DAMAGES, OR PUNITIVE DAMAGES, EVEN IF ETRAINING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ETRAINING WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT POSTED ON THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, THE CONTENT ASSOCIATED WITH USER ACCOUNTS, PRODUCTS, OR ANY USER GENERATED CONTENT. ETRAINING IS A SERVICE PROVIDER AND DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF THE WEBSITE OR ANY PORTION THEREOF, UNAUTHORIZED ACCESS TO AN ACCOUNT, OR ALTERATION THEREOF. ETRAINING RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME AND WITHOUT LIABILITY. ETRAINING WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY INJURIES, MISTAKES, VIOLATIONS OF REGULATIONS PROMULGATED BY ANY REGULATORY AGENCY SUCH AS OSHA, DOT, AND THE EPA, OR OTHER ERRORS IN THE WORKPLACE THAT OCCUR AFTER A PARTY HAS UTILIZED ETRAINING’S WEBSITE OR SERVICES.
You acknowledge and agree that You are prohibited from assigning Your rights and obligations under this Agreement. eTraining may assign its rights and obligations under this Agreement at any time.
- Choice of Law
This Agreement shall be governed in all respects by the laws of the State of Illinois without respect to choice of law provisions. You agree that any claim or dispute you may have against eTraining, its agents, or any successor in interest must be resolved by a court located in Will County in the State of Illinois. You agree to submit to the personal jurisdiction of the courts located within Will County, Illinois for the purpose of litigating or otherwise resolving all such claims or disputes.
If any provision of this Agreement is found to be invalid or unenforceable for any reason whatsoever, the remaining provisions will remain valid and unimpaired and will continue in full force and effect.
This Agreement, created by Your use of the Website and these Terms constitutes the entire agreement between the parties with respect to the use of the Website and the associated services provided by eTraining or any Instructor or third party utilizing the Website. There are no further understandings, agreements, or representations with respect to the subject matter of this Agreement. You acknowledge and agree that any additional provisions that may appear in any communication from You will not bind eTraining.
You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.
- Limitation on Actions
ETRAINING AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WESBITE OR ETRAINING’S RELATED SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE (1) YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.
YOU MAY ONLY RESOLVE DISPUTES WITH ETRAINING ON AN INDIVIDUAL BASIS, AND YOU MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
- Reservation of Rights
All rights not expressly granted herein are reserved to eTraining.