GREEN TRAINING USA, LLC
Terms and Conditions
- Scope of Use.
- License to Use. Green Training hereby grants you a non-exclusive, nontransferable and revocable license to access the Website solely for viewing, browsing, retrieving, uploading and posting information subject to the terms and provisions of this Agreement. Green Training hereby grants you a non-exclusive, nontransferable and revocable license to access and utilize the online and printed course materials (“Course Materials”), provided you have paid in full or completed your financing arrangemetns for the applicable course, training, or exam.
- Account Credentials. You hereby accept responsibility for, and shall be liable for, all access to the Website utilizing your login and password that are assigned to you when you register for a course at the Website (“Account Credentials”). You agree to safeguard your Account Credentials and prevent unauthorized users from accessing the Course Materials, as each paid user is given his/her own Account Credentials.
- Cancellation of Account. Green Training may cancel the Account Credentials, for convenience and in the exclusive discretion of Green Training, and shall terminate your Account Credentials if it learns of account sharing or other violation of this Agreement, upon providing you written notice of such cancellation. You may cancel the Account Credentials, for convenience and in your exclusive discretion, upon providing Green Training written notice of such cancellation. Upon cancellation of the Account Credentials, you shall immediately cease and desist from accessing or attempting to access the Course Materials.
- Course Details.
- Students are not placed on the roster for a course and will not be allowed in any classroom or provided Course Materials unless and until payment is made in full.
- Course Materials and Equipment.All necessary equipment and Course Materials shall be provided by Green Training or their instructors. Course Materials are generally available via the Website and your own Account Credentials. There is no special application required to download; however, you should ensure that you are running the most updated versions of Java and Flash Player on your computer.
- Green Training reserves the right to change the day or time that a course meets or an exam is given or the location of a course, field training, or exam as well as the right to cancel a course, training, or exam due to insufficient enrollment. Green Training is not responsible for non-refundable plane fares, hotel or car rental deposits, or any other expenses incurred by you in connection with your course, training, or exam registration. Green Training reserves the right to modify the content of any training at any time.
- Green Training is committed to offering a quality educational, accredited curriculum. Courses are taught by instructors who are certified in their respective areas of expertise under contract with Green Training. Third party instructors are covered by the terms of this Agreement.
- Students must comply with all health and safety rules and regulations and any other reasonable security requirements at locations where training courses or exams are provided. Green Training observes a strict no alcohol or drugs policy, including prescription drugs that may impair coordination, during in-class or field training. Anyone found to be under the influence of drugs or alcohol will be ejected from the class and shall not be entitled to any refund or reimbursement. Green Training reserves the right to refuse to train anyone whose conduct is unprofessional, disruptive, unruly, or otherwise in violation of this Agreement, in the discretion of the Green Training instructor.
- Substitution of Online Training for In-Class Training.Green Training reserves the right to provide the same level of training remotely (i.e., online) as you would receive in an in-person setting, as long as it includes a video instructor and slide presentation.
- Attendance Policy.Students must complete 100% of the course to qualify for a certificate of completion. You are expected to arrive on time for classes and remain present for the entire class. Green Training does not guaranty that exceptions will be made to this policy; however, extenuating circumstances may be taken into account in permitting make up time, on a case-by-case basis, in the discretion of Green Training and its instructors. If you do not show up for your scheduled classes or exams, you will not receive any refund or reimbursement. Please see our Course Refund Cancellation Policy (www.greentrainingusa.com/course-refund-cancellation-policy.html).
- Certificates of Completion.Students who complete 100% of a course in which they enrolled will receive a certificate of completion upon request.
- Exams; Continued Access.Green Training advises you not to take certification exams unless you are scoring at least 90% on practice exams. If you do not pass your certification exam for any reason, you shall have continued access to online training until you are able to pass the exam.
- Intellectual Property.
- Ownership and Title. Title to the Website and all content accessible via the Website, including Course Materials, is owned by Green Training or its licensors, and all intellectual property rights, including copyrights, trademarks, and trade secrets in connection therewith are also the exclusive property of Green Training or its licensors.
- Unauthorized Use. You may not copy or download Website content or Course Materials, in whole or in part, without the prior written consent of Green Training, unless expressly authorized with respect to Course Materials for courses for which you have registered and paid in full. You may not modify, reverse engineer, reproduce, display, perform or distribute, including, without limitation, by framing or similar means, the Website without the prior written consent of Green Training. You shall not, directly or indirectly, promote, advertise, market or provide any website similar to or competitive with the Website or utilize the Course Materials in any manner other than as contemplated by the Website.
- Green Training shall retain all rights, title and ownership interest in and to its trademarks and logo (“Marks”) and good will associated therewith.
- Proprietary Information.You shall hold all Course Materials in strict confidence and shall not access or disclose Course Materials except as otherwise permitted under this Agreement. You hereby acknowledge and agree that (i) Green Training derives independent economic value (actual or potential) from its Course Materials and methodologies not being generally known to other persons who could obtain economic value from its disclosure or use and not being readily ascertainable by proper means by other persons who could obtain economic value from its disclosure or use; (ii) the content of the Course Materials is the subject of reasonable efforts under the circumstances to maintain its secrecy; and (iii) is a trade secret as defined under the Uniform Trade Secrets Act.
- Warranties and Disclaimers.
- No Express Warranties.You hereby acknowledge and agree that neither Green Training, nor its officers, managers, employees, agents or contractors (“Agents”), has made any express warranties concerning the Website or any courses offered through the Website. You hereby waive any and all claims of warranty based on the Website or the Course Materials.
- DISCLAIMER: THE COURSES AND COURSE MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. GREEN TRAINING, TO THE FULLEST EXTENT PERMITTED BY LAW, HEREBY DISCLAIMS AND YOU HEREBY WAIVE ALL WARRANTIES BY GREEN TRAINING, AND ITS AGENTS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS IN CONNECTION WITH THE WEBSITE AND COURSE MATERIALS OFFERED BY GREEN TRAINING. GREEN TRAINING DOES NOT WARRANT AND YOU HEREBY WAIVE ANY WARRANTY THAT USE OF OR ACCESS TO THE WEBSITE BY YOU WILL BE UNINTERRUPTED OR ERROR FREE. GREEN TRAINING DOES NOT MAKE ANY WARRANTY AND YOU HEREBY WAIVE ANY AND ALL WARRANTIES AS TO THE RESULTS OBTAINED FROM THE COURSES OFFERED BY GREEN TRAINING, OR AS TO THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF THE WEBSITE OR COURSE MATERIALS. YOU HEREBY ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE AND COURSE MATERIALS SHALL BE AT YOUR SOLE AND EXCLUSIVE RISK AND SUBJECT TO THE RESTRICTIONS, TERMS AND CONDITIONS, RULES, REGULATIONS, POLICIES, APPLICABLE LAWS AND CODES OF CONDUCT GOVERNING THE WEBSITE.
- Additional Disclaimers. Green Training is not responsible for your performance in any course. It is up to you to determine whether a particular course will suit your needs and to study all the Course Materials provided, as well as supplementary materials recommended. Green Training is not responsible for any injury you may experience in connection with field training. YOU ASSUME ALL RISK OF INJURY. Green Training shall have no liability for anything that you may do in the field based on your instruction through Green Training, including, without limitation, accidents, or injury to persons or property. You acknowledge that opinions expressed during training are those of the trainers and not necessarily those of Green Training. You should seek specific and appropriate professional advice when dealing with specific situations involving building science related matters.
- Inaccuracies: You hereby acknowledge that the Course Materials may contain errors, inaccuracies and omissions. You assume any and all risk of loss, harm or damage associated with your access to and use of the Website and Course Materials.
- LIMITATION OF LIABILITY: GREEN TRAINING SHALL NOT BE LIABLE FOR ANY LOST PROFITS OR CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, IN CONNECTION WITH (I) USE, PERFORMANCE OR OPERATION OF THE WEB SITE; (II) USE, PERFORMANCE OR OPERATION OF THE INTERNET OR USE OF THE INTERNET BY YOU; (III) LOSS OF DATA; AND (IV) COURSES AND TRAINING OFFERED THROUGH THE WEBSITE), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, AND REGARDLESS OF WHETHER GREEN TRAINING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE OR WHETHER SUCH DAMAGES ARE REASONABLY FORESEEABLE.
IN NO EVENT SHALL GREEN TRAINING BE LIABLE FOR MORE THAN THE TOTAL COST OF THE COURSE OR COURSES PAID BY YOU.
- Indemnification. You agree to release, defend, indemnify and hold harmless Green Training and its Agents from and against any expense, loss, cost or liability (including, without limitation, attorneys’ fees) arising from any and all claims, demands, damages or actions resulting from or related to your negligent or tortious acts or breach of your obligations under this Agreement.
- Links. You hereby acknowledge that the Website may contain links to third party websites. Any such links are provided solely as a convenience to you and do not constitute an endorsement by Green Training of such websites and the third party content therein.
- Non-Solicitation.You hereby agree that during your course work/training and for a period of one (1) year thereafter, you shall not, directly or indirectly, on behalf of yourself or another person or entity, solicit, attempt to solicit, hire, employ or engage any instructor with whom you became acquainted through Green Training.
- Entire Agreement. This Agreement contains the entire understanding of the parties relating to the subject matter hereof and supersedes all previous verbal and written agreements between you and Green Training relating to the subject matter hereof.
- Amendments and Modifications. Excepting modifications made to this Agreement by Green Training, any alteration, modification or amendment of this Agreement shall be void unless such alteration, modification or amendment is in writing and signed by an authorized representative of Green Training.
Severability. If a provision of this Agreement is rendered invalid, the remaining provisions shall remain in full force and effect.
- Captions. The headings and captions of this Agreement are inserted for convenience of reference and do not define, limit or describe the scope or intent of this Agreement or any particular section, paragraph, or provision.
- Governing Law. This Agreement shall be governed by the laws of the State Maryland, without regard to any rules of conflict or choice of laws which may require the application of laws of another state, and venue shall be Montgomery County, in the State of Maryland.
- Notice to You. All notices to you shall be in writing. Notices to you shall be deemed delivered when posted conspicuously on the Website or when delivered to you electronically, by commercial overnight delivery service, by Certified or Registered Mail - Return Receipt Requested - or by hand. Notices to you shall be deemed given when dispatched. Notices posted conspicuously on the Website or delivered to you electronically (including, without limitation, electronic mail) shall be deemed written notices.
- Notice to Green Training. All notices to Green Training shall be in writing. Notices to Green Training shall be deemed delivered when delivered by commercial overnight delivery service, Certified or Registered Mail - Return Receipt Requested - or by hand to the address set forth below for Green Training. Notices to Green Training shall be deemed given on the date notice is received by Green Training (as evidenced in the case of Certified or Registered Mail by Return Receipt).
- Remedies. All remedies under this Agreement are in addition to equitable remedies and remedies provided by law and are cumulative. The parties hereby acknowledge and agree that damages at law will be an inadequate remedy to Green Training. In addition to remedies at law and other rights which may be available, Green Training shall have the right of specific performance, injunction or other equitable remedy (including, without limitation, the right to such equitable remedies prior to or pending arbitration) in the event of a breach or threatened breach of this Agreement by you.
- Waiver. Waiver of a breach of this Agreement shall not constitute a waiver of any other breach. Failure to enforce any provision of this Agreement shall not constitute a waiver or create an estoppel from enforcing such provision. Any waiver of a provision of this Agreement shall not be binding unless such waiver is in writing and signed by the waiving party.
- Survival. The terms and provisions of Section 3 through 6 of this Agreement shall survive cancellation of the Account Credentials.
- Arbitration. Any controversy or claim, whether based on contract, statute, tort, fraud, misrepresentation or other legal theory, related directly or indirectly to this Agreement, any course or service offered by Green Training, or the acts or omissions of either party in relation to this Agreement will be resolved by arbitration in accordance with the terms of this section. The Parties reserve the right to obtain an injunction in court to prevent any violation of this Agreement. The rules of the American Arbitration Association will govern the arbitration of all claims. The arbitration panel will consist of three people at least one of whom will be expert in information technologies.
- Litigation Expense. In the event of litigation or arbitration arising out of or relating to this Agreement, each party shall pay its own costs and expenses of litigation or arbitration (excluding fees and expenses of arbitrators and administrative fees and expenses of arbitration, which shall be shared equally); however, the arbitrators shall have the discretion to award the prevailing party reimbursement of its attorneys’ fees.
4814-5258-1733, v. 4