USER AGREEMENT This Agreement sets out the terms and conditions relating to the online content provided free of charge and content subject to payment (“Free and Paid-for Content”) that Contractor Education Network (“the Site owner) will provide to you (“the User”).
The following Terms and Conditions are entered into by and between You (“Client” or “You”, or "the User") and Contractor Education Network LLC (“Company”, “we”, "the Site owner", or “us”).
GOVERNING LAW: This contract shall be governed and interpreted under/by the laws of the Commonwealth of PA. Should any judicial dispute arise.
Concerning this matter, jurisdiction and venue for that proceeding shall lie in the Chester County Pa, district of Kennett Square, PA, with each party affirmatively waiving all rights to a trial by jury.
Mediation will be the only source of resolution
Nature of The Relationship
Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide Client with access to the Programs, which provides education and information. The information contained in the Program, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice. The site is For Educational And Informational Purposes Only.
By accessing www. contractoreducationnetwork (“the Site”) the User is agreeing to the terms and conditions below. If the User uses the Site in the course of business the User is also agreeing to these terms and conditions on behalf of that business. If the User does not agree with the terms and conditions (or the User is not authorized to do so) the User should not use the Site.
If the User has any questions they should contact the Siteowner at [email protected]
Services and Fees The Siteowner shall provide Free and Paid-for Content. This includes [a subsc
The User shall agree to pay any subsc
The Company makes no warranties regarding the performance or operation of the Program, including any technological aspects of the program. The Company further makes no representations or warranties of any kind, express or implied, as to the information, contents, materials, documents, programs, products, books, or services included in or through the Program. To the fullest extent permissible under the law, the Company disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.
Materials Provided By You During The Program
The Company does not claim ownership of the information or materials You may provide during the Program (including feedback and suggestions) or post, upload, input, or submit to any Website or our associated services (collectively “Submissions”).
However, by posting, uploading, inputting, providing, or submitting your Submission you are granting the Company, our affiliated companies, and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.
In other words, the Company has the right to include your Submissions – including any audio or video recordings of You participating in any sessions as part of the Program – in the Program and other marketing material going forward.
No compensation will be paid with respect to the use of your Submission, as provided herein. The Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the Company’s sole discretion.
By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions.
The User hereto agrees that social media platforms or other electronic means shall not be utilized to defame, disparage or reconcile grievances stemming from the professional relationship of the parties herein. The Site Owner shall vigorously pursue litigation and/or other legal means to prosecute any violation of this clause by the client. Further, the client agrees that if a court or other adjudicatory body find that he/she/they violated this clause, they will be responsible for all legal fees and costs of the contractor to pursue redress for violation of same including pecuniary loss, loss profits, liquidated damages and/or statutory penalties.
The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company 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, lock-outs, strikes or other labor disputes (whether or not relating to either party's 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.
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Program.
To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration to occur in West Chester, Pennsylvania. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an mediation related solely to any individual claims you and/or any entity related to you asserts against the Company. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the mediation and for the administration of the mediation.
If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
This Agreement shall commence and be enforceable with respect to each Program participant upon the date that the participant initially registers for the Program.
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