Scope of Agreement: Under this Agreement ("Agreement"), OSHA Institute of America ℅ Classroom Online ("we," "our" or "us") makes available on-line information and services (the "Service") to registered subscribers or authorized users ("you," "your" or "subscriber"). By selecting "I ACCEPT" when registering or if you use the Service, you agree to be bound by this Agreement. The term "use" means the use and availability of, access to, transmission to or from or any exchange of information or communication in connection with or arising from the Service.
Registration Information: You will provide us with accurate and complete registration information and advise us promptly of any changes. If you do not, you will be in breach of this Agreement allowing us to immediately terminate your subscription and use of the Service. When you register, you will receive a password which we may assign or allow you to select.
Refund Policy: All tuition and fees paid for an online safety training course are due and refundable when: (a) the course of instruction is discontinued by the school, preventing a student from completing the course; OR (b) the enrollment of student was procured as a result of any misrepresentation in advertising, promotion materials of the school, or representation made by an owner or employee of the school. All refunds will be completed within 30 days after the effective date of enrollment termination. Each Correspondence course is subject to a non-refundable registration fee of 25.00 dollars in addition to the cost of books for the course.
Cancellation Policy: You have the right to cancel your registration up to 60 days from the date of purchase. Requests for cancellation must be made by contacting OSHA Institute of America by phone or email. The request must be made prior to midnight of the 60th calendar day from the date of purchase.
A student wishing to receive a refund on a package will be refunded if the request is made within the 60 days. Any online safety training course(s) completed will be charged at full price rather than the discounted package price.
If the course(s) includes physical materials, the student has the option to return the book(s) or keep them. The physical materials must be returned to the school at the student’s expense. *Please include a note with the materials to contact OSHA Institute of America to process the refund.* Books must be returned in new condition or you will not receive reimbursement. Once the physical materials are received, the refund will be processed minus a $25.00 non-refundable fee.
Students choosing to keep the physical materials will be charged the price of the materials minus the $25.00 non-refundable fee.
OSHA Institute of America will not grant a refund for any online safety training course(s) that has been completed.
Transferring from Online or Correspondence to Home Study/Classroom:
In the event a school offers both online and correspondence/home study/classroom course(s), a fee of $35.00 will be assessed to the student for switching the delivery method.
Course Expiration: You will have access to the course(s) for one calendar year from the date of purchase.
Conduct: Cheating may result in fines, suspension, license revocation or other penalties. Cheating is defined as allowing someone else other than you, the licensee, who is registered for this course to take any part of this course, quiz or final test. By agreeing to this form, you acknowledge that you are the person who originally enrolled for this online safety training course and that you will provide best efforts to consume all information and take all pertinent quizzes and/or final tests.
Limited Liability and Warranty: You are entirely liable for activities conducted by you or anyone else in connection with your subscription and use of the Service. You must keep your password secret and not disclose it to others. You may not allow others to use the Service, your subscription, or password. If you do, you (a) assume all responsibility and liability associated with such use; and (b) indemnify and hold us harmless for any such use. We do not warrant the accuracy, completeness, currentness or other characteristics of any Material available on or through our Service. We will not be liable for any loss or injury resulting directly or indirectly from our Service, whether or not caused in whole or in part by our negligence or by contingencies beyond our control. Neither we nor our suppliers are responsible or liable, directly or indirectly, for any loss or damage caused by use of or reliance on or inability to use or access any of our Services, Material, content, information, goods or services. Please read the terms of our disclaimer on this site carefully.
Indemnification: You agree to defend, indemnify and hold us, our employees, agents, officers, directors, agents, contractors, suppliers and other representatives harmless from and against all liabilities, damages, claims, actions, costs and expenses (including attorneys' fees), in connection with or arising from your breach of this Agreement and/or your use of the Service. We may, if necessary, participate in the defense of any claim or action and any negotiations for settlement. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defense and control of any claim or action and then corresponding indemnification obligation will end.
Termination: We or you can terminate your service at any time on 30 days' notice subject to the terms herein. Termination is your sole right and exclusive remedy if you are not satisfied with our Service. We can terminate this Agreement, restrict or terminate your access to and use of the Service immediately and without notice or liability, if you breach this Agreement in any way, and it will not limit any other rights available to us.
Governing Law and Interpretation: If any term of this Agreement is held invalid, illegal or unenforceable, the remaining portions shall not be affected. The laws of the State of Texas govern this Agreement, your subscription and use of our Service. You must comply with all laws, regulations, obligations, and restrictions which apply to you. You agree that the courts of the State of Texas have exclusive jurisdiction for any claim, action or dispute under this Agreement and that venue shall be in Travis County, Texas. You also agree and expressly consent to the exercise of personal jurisdiction in the State of Texas.
WE RESERVE THE RIGHT, AT ANY TIME AND FROM TIME TO TIME, TO CHANGE OUR SUBSCRIPTION FEES AND BILLING METHODS OR SEPARATE CHARGES FOR INFORMATION, MATERIAL (DEFINED BELOW) OR SERVICES. WE WILL NOTIFY YOU OF ANY CHANGES IN ADVANCE AND IF ANY CHANGES ARE NOT ACCEPTABLE, YOU MAY TERMINATE YOUR SUBSCRIPTION AS DESCRIBED BELOW.
You also may not use, nor allow others to use, your subscription, password or the Service, directly or indirectly, to:
- attempt to or actually disrupt, impair or interfere with, alter or modify the Service or any Material;
- act in a way that affects or reflects negatively on us, the Service, or any other;
- transmit or communicate any advertising, promotion or solicitation;
- collect or attempt to collect any information of others, including passwords, account or other information.
YOUR ACCESS TO AND USE OF OUR SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED "AS IS," or "AS AVAILABLE." THE SERVICE IS FOR YOUR PERSONAL USE ONLY AND WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICE OR OTHERWISE, IS REPLACEMENT OF DEFECTIVE GOODS OR REPERFORMANCE OF DEFECTIVE SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF LIABILITY, IN THOSE JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. WE DO NOT ENDORSE, WARRANT OR GUARANTEE ANY MATERIAL, PRODUCT OR SERVICE OFFERED THROUGH US OR OUR SERVICE. WE ARE NOT AND WILL NOT BE A PARTY TO ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY.