AdvanceOnline Terms of Use
Date Last Modified: February 8th, 2023
These Terms of Use are an Agreement ("Agreement") between 360training.com,
Inc. ("360") doing business as AdvanceOnline (“AdvanceOnline”) and the
individual who is viewing this online Agreement ("End User", "You", or
"Your"). Before accessing the AdvanceOnline online learning management system
(“AdvanceOnline LMS”), which contains AdvanceOnline content and content
supplied to AdvanceOnline by third parties, along with associated
documentation, media, and online or electronic documentation, and other
content and updates (collectively, the "AdvanceOnline Courses"), You must
agree to the terms and conditions of this Agreement.
BY ACCESSING THE ADVANCEONLINE COURSES, YOU ACKNOWLEDGE THAT YOU HAVE READ
THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY IT. IF YOU DO NOT
AGREE TO THIS AGREEMENT OR ANY OF ITS TERMS, THEN YOU WILL NOT HAVE ANY
LICENSE TO ANY ADVANCEONLINE COURSES. ADVANCEONLINE’S ACCEPTANCE IS EXPRESSLY
CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS OF THIS AGREEMENT; IF THESE
TERMS ARE CONSIDERED AN OFFER BY ADVANCEONLINE, THEN ACCEPTANCE IS LIMITED TO
THESE TERMS. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND ADVANCEONLINE.
If You are accepting this Agreement on behalf of a company, organization,
government or other legal entity, you represent and warrant that (i) You are
authorized to do so, and (ii) the entity agrees to be legally bound by this
Agreement.
The AdvanceOnline Courses and website are available only to persons who are
the age of majority and can form legally binding contracts under applicable
law. Without limiting the foregoing, the AdvanceOnline Courses and website are
not intended to be used by individuals under the age of 18. If You do not
qualify, please do not use or access the AdvanceOnline Courses or website.
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LICENSE. Subject to the terms and conditions of this Agreement,
AdvanceOnline grants You, subject to AdvanceOnline 's receipt of all
appropriate license fees, a personal, restricted, time-limited,
non-exclusive, non-transferable, non-sub-licensable, revocable license to
access and use the AdvanceOnline Courses purchased by You solely Your
personal or internal business purposes and solely from the AdvanceOnline LMS
(the “License”).
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RESTRICTIONS.
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The License granted hereunder is personal to You. You may not transfer
any of the rights granted to You under this Agreement, nor may You
permit third parties, including but not limited to Your subsidiaries and
affiliates, to benefit from the use or functionality of the
AdvanceOnline Courses. Any attempt by You to transfer any of the rights,
duties or obligations hereunder is void and will be deemed a breach of
this Agreement. The AdvanceOnline Courses are licensed as a single
product; they may not be shared or used by multiple users. An
AdvanceOnline Course may not be assigned to another person once You have
enrolled in a AdvanceOnline Course. Libraries and bundles of
AdvanceOnline Courses are available for a single user only and may not
be separated or used by multiple users.
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You may not directly or indirectly through a third party, nor authorize
any third party to, do any of the following: (i) use, copy, print,
modify, adapt, create derivative works of, market, deliver, rent, lease,
sublicense, make, have made, assign, pledge, transfer, sell, offer to
sell, import, distribute, publicly perform, publicly display, or
otherwise grant rights to the AdvanceOnline Courses, or any copy
thereof, in whole or in part, except as expressly provided in this
Agreement; (ii) reverse engineer, disassemble, decompile, or translate
the AdvanceOnline Courses, or otherwise attempt to derive the source
code, structural framework or the data records of the AdvanceOnline
Courses; (iii) loan or resell the AdvanceOnline Courses, or any part
thereof in any way including, but not limited to, making the
AdvanceOnline Courses available to any other person, including using on
a service bureau or time sharing basis, via shared access to a computer
network or access information, which may include the log-in name and
password or other authentication data for the AdvanceOnline Courses;
(iv) remove any proprietary notices or labels from the AdvanceOnline
Courses; or (v) make copies of the AdvanceOnline Courses, copy any
printed materials or documentation accompanying the AdvanceOnline
Courses or give copies to another person, or duplicate the AdvanceOnline
Courses by any other means, including electronic transmission, except as
specifically set forth herein. You may print one copy of an e-kit
(student materials provided electronically) solely in accordance with
the instructions provided to You regarding the specific e-kit
transmitted to You. IN NO EVENT ARE YOU AUTHORIZED TO DOWNLOAD ANY
ADVANCEONLINE COURSES ONTO YOUR COMPUTERS, SERVERS OR OTHER DEVICES.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE
ADVANCEONLINE COURSES TO ANY SERVER OR LOCATION FOR FURTHER REPRODUCTION
OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
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You may not directly or indirectly through a third party, nor authorize
any third party to, do any of the following: (i) copy the AdvanceOnline
LMS or any part thereof; (ii) reverse engineer, decompile, disassemble
or otherwise attempt to derive the source code from the AdvanceOnline
LMS; (iii) write or develop any derivative or other software programs
based, in whole or in part, upon the AdvanceOnline LMS; (iv) interfere
with or disrupt the integrity or performance of the AdvanceOnline LMS or
any data contained therein; (v) attempt to gain unauthorized access to
the AdvanceOnline LMS or its related data, systems or networks; (vi)
publish or disclose to third parties any evaluation of the AdvanceOnline
LMS without AdvanceOnline’s prior written consent; and/or (vii) perform
vulnerability, load or any other test of the AdvanceOnline LMS without
AdvanceOnline’s prior written consent.
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OWNERSHIP. The AdvanceOnline Courses (including but not limited to all
copyrights, patents, patent applications, trade secret rights, trademarks,
source code, text and any images, photographs, icons, graphics, animations,
video, audio, music, and all other media incorporated into the AdvanceOnline
Courses) and the AdvanceOnline LMS are the property of AdvanceOnline or its
licensors and suppliers and are protected by U.S. and international
copyright and other intellectual property laws and treaties. The
AdvanceOnline Courses are licensed, not sold, to You for use only under the
terms of this Agreement, and AdvanceOnline reserves all rights not expressly
granted to You. AdvanceOnlineoutreach.com, the AdvanceOnline Course names,
and the AdvanceOnline logo referenced in the AdvanceOnline Courses are
either trademarks or registered trademarks of AdvanceOnline. Other product
and company names mentioned in the AdvanceOnline Courses are the trademarks
of their respective owners. For clarification, You will have no ownership or
other right, title or interest in and to the AdvanceOnline Courses,
including but not limited to any copyright and trademark rights, except as
for the limited License to the AdvanceOnline Courses purchased by You. You
will indemnify AdvanceOnline for any and all costs, expenses and damages
incurred by AdvanceOnline as a result of Your infringement of
AdvanceOnline’s and its licensors’ intellectual property rights in or to the
AdvanceOnline Courses.
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TERM. Every AdvanceOnline Course has an expiration date. Unless indicated
otherwise in the AdvanceOnline Course, each AdvanceOnline Course License
will expire one (1) year after it is licensed by You. Your License to a
AdvanceOnline Course commences on the date You licensed the AdvanceOnline
Course from AdvanceOnline (the date of online payment or the invoice date if
not purchased online) and will terminate on the sooner to occur of: (i) the
date You successfully complete the licensed AdvanceOnline Course as
evidenced by passing the final exam and/or being eligible for a certificate
of completion; or (ii) the date the AdvanceOnline Course License expires.
You agree and understand that upon termination of the License, You will no
longer be able to use or access the AdvanceOnline Course You licensed.
Sections 2 ("Restrictions"), 3 ("Ownership"), 8 ("Warranty Disclaimer"), 9
("Limitation of Liability"), 11 ("Export Law"), 12 ("General") and 14
(“Modifications”) will survive termination of the licenses granted under
this Agreement.
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TERMINATION. This Agreement will terminate with respect to a AdvanceOnline
Course License immediately without notice to You (i) upon Your License
terminating pursuant to Section 4; or (ii) if You breach any term or
condition of this Agreement. AdvanceOnline reserves the right to modify or
terminate any AdvanceOnline Course or AdvanceOnline services and/or product
offerings at any time without notice to You. You may terminate a
AdvanceOnline Course License at any time by notifying AdvanceOnline in
writing. Upon receipt of notice of termination, the AdvanceOnline Course
License will terminate, and You will no longer be able to use or access such
AdvanceOnline Course. Further, in the event of a termination or expiration
of any agreement between AdvanceOnline and a third party supplier of a
AdvanceOnline Course, Your right to access and use such AdvanceOnline Course
will also terminate.
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THIRD-PARTY SOURCES. You acknowledge that the AdvanceOnline Courses may
incorporate information that is proprietary to one or more third party(ies).
Such third party(ies) and AdvanceOnline suppliers are third party
beneficiaries of this Agreement with the authority to enforce those portions
of this Agreement that are relevant to the agreements they have with
AdvanceOnline directly against You.
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CONTENT MAINTAINED BY AdvanceOnline. You acknowledge and agree that: (i)
AdvanceOnline may, from time to time, elect to update the AdvanceOnline
Courses, but AdvanceOnline does not warrant or guarantee that any
AdvanceOnline Courses will be updated, or that any updates will be made
available to You, at any time during the term of this Agreement; (ii)
AdvanceOnline does not assume, and expressly disclaims, any obligation to
update and include any information in the AdvanceOnline Courses; (iii)
AdvanceOnline is not advocating the use of any product described in the
AdvanceOnline Courses (or elsewhere), nor is AdvanceOnline responsible for
misuse of a product due to typographical or other errors in the
AdvanceOnline Courses, Your negligence or otherwise; (iv) You agree to seek
additional information on any product from the manufacturer; and (v) You
will use the content included in the AdvanceOnline Courses only as a
reference aid, and that such content is not intended to be (nor should it be
used as) a substitute for the exercise of professional judgment. In view of
the possibility of human error or changes in technology, You should confirm
the content in the AdvanceOnline Courses through independent sources.
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WARRANTY DISCLAIMER.
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THE ADVANCEONLINE COURSES ARE PROVIDED TO YOU "AS IS" AND "WITH ALL
FAULTS." ADVANCEONLINE AND ITS AFFILIATES, AGENTS, DISTRIBUTORS,
SUPPLIERS AND LICENSORS: (i) CANNOT AND DO NOT WARRANT THE ACCURACY,
COMPLETENESS, CURRENCY OR NON-INFRINGEMENT OF THE ADVANCEONLINE COURSES
PROVIDED HEREUNDER OR THAT YOUR USE OF THE ADVANCEONLINE COURSES WILL BE
ERROR-FREE OR UNINTERRUPTED, FREE FROM OTHER FAILURES OR WILL MEET YOUR
REQUIREMENTS OR FUNCTION IN ACCORDANCE WITH RELATED DOCUMENTATION IN
EVERY COMBINATION OF HARDWARE PLATFORM, SOFTWARE ENVIRONMENT AND PRODUCT
CONFIGURATION; AND (ii) EXPRESSLY DISCLAIM ALL WARRANTIES,
REPRESENTATIONS, GUARANTEES, AND CONDITIONS, EXPRESS, IMPLIED OR
STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
AND NON-INFRINGEMENT. ANY USE OF THE ADVANCEONLINE COURSES IS ENTIRELY
AT YOUR OWN RISK, INCLUDING THE RISK FOR SELECTING THE ADVANCEONLINE
COURSES TO ACHIEVE YOUR INTENDED RESULTS AND PERFORMANCE, AND FOR USE OF
THE ADVANCEONLINE COURSES. To the extent warranties cannot be disclaimed
or excluded, they are limited to the duration of the minimum warranty
period required by law.
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JOB PLACEMENT DISCLAIMER. AdvanceOnline does not guarantee job placement
upon enrollment, use, or completion of any AdvanceOnline Course.
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LIMITATION OF LIABILITY.
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TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER ADVANCEONLINE
NOR ITS AFFILIATES, AGENTS, LICENSORS, DISTRIBUTORS OR SUPPLIERS WILL BE
LIABLE UNDER ANY CLAIM, DEMAND OR ACTION ARISING OUT OF OR RELATING TO
YOUR USE OF THE ADVANCEONLINE COURSES, OR ADVANCEONLINE'S PERFORMANCE OF
(OR FAILURE TO PERFORM) ANY OBLIGATION UNDER THIS AGREEMENT, FOR ANY
SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES
WHETHER BASED IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, INCLUDING,
WITHOUT LIMITATION, DAMAGES DUE TO LOST PROFITS, LOST SAVINGS, BUSINESS
INTERRUPTION COSTS, DAMAGES FROM LOSS OF BUSINESS INFORMATION OR OTHER
DAMAGES CAUSED BY THE INABILITY TO USE THE ADVANCEONLINE COURSES, EVEN
IF ADVANCEONLINE, ITS AFFILIATES, AGENTS, LICENSORS, DISTRIBUTORS OR
SUPPLIERS HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF
SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES WERE
FORESEEABLE.
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TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL
ADVANCEONLINE’S AGGREGATE LIABILITY TO YOU, OR TO ANY THIRD PARTY, FOR
DAMAGES IN CONNECTION WITH THIS AGREEMENT, THE ADVANCEONLINE COURSES AND
THE SERVICES PROVIDED PURSUANT TO THIS AGREEMENT, WHETHER BASED ON
BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY,
PRODUCT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE AMOUNT
ACTUALLY PAID BY YOU FOR THE ADVANCEONLINE COURSE FROM WHICH SUCH
LIABILITY AROSE. THE FOREGOING APPLIES NOTWITHSTANDING ANY FAILURE OF
THE ESSENTIAL PURPOSE OF THIS AGREEMENT OR ANY LIMITED REMEDY HEREUNDER.
MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION.
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THIS LIMITATION OF DAMAGES SET FORTH HEREIN CONSTITUTES A FUNDAMENTAL
ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN ADVANCEONLINE AND YOU.
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THIS AGREEMENT IS NOT INTENDED TO AND DOES NOT CHANGE OR EXCLUDE ANY
STATUTORY CONSUMER RIGHTS THAT CANNOT BE LAWFULLY CHANGED OR EXCLUDED.
SOME COUNTRIES, STATES, JURISDICTIONS AND/OR PROVINCES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, REPRESENTATIONS OR
CONDITIONS AND/OR DO NOT ALLOW PRODUCTS OR SERVICES TO BE SOLD WITH NO
WARRANTIES, REPRESENTATIONS OR CONDITIONS. ACCORDINGLY, IF THESE LAWS
APPLY TO YOU, SOME OR ALL OF THE SECTIONS TITLED “WARRANTY DISCLAIMER”
AND “LIMITATION OF LIABILITY” MAY NOT APPLY TO YOU. ONLY THOSE
LIMITATIONS AND EXCLUSIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL
APPLY TO YOU AND, IN SUCH INSTANCES, OUR LIABILITY WILL BE LIMITED TO
THE MAXIMUM EXTENT PERMITTED BY LAW.
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U. S. GOVERNMENT END USERS. If You are using or accessing the AdvanceOnline
Courses and You are a government employee, then note that the AdvanceOnline
Courses are a "commercial item" as that term is defined at FAR 2.101 (Oct
1995), consisting of "commercial computer software" and "commercial computer
software documentation" as such terms are used in 48 C.F.R. 12.212 (Sep
1995) and is provided to the U.S. Government only as a commercial end item.
Consistent with FAR. 12.212 and DFARS 227.7202 (Jun 1995), all U.S.
Government end users acquire the AdvanceOnline Courses with only those
rights set forth herein. Any use, modification, reproduction, release,
performance, display, disclosure or transfer of the AdvanceOnline Courses by
the U.S. government will be governed solely by the terms of this Agreement
and will be prohibited except to the extent expressly permitted by the terms
of this Agreement.
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EXPORT LAW. The AdvanceOnline Courses and related technology are subject to
U.S. export control laws and may be subject to export or import regulations
in other countries. Unless specifically authorized in writing by
AdvanceOnline prior to any access, You agree not to export the AdvanceOnline
Courses including but not limited to re-exporting the AdvanceOnline Courses,
or any part thereof, or any process that is the direct product of the
AdvanceOnline Courses, to any country, person, or entity in violation of
U.S. export restrictions. In any case, You will indemnify and hold
AdvanceOnline harmless from any and all claims, losses, liabilities,
damages, fines, penalties, costs and expenses (including attorneys’ fees)
arising from or relating to any breach by You of Your obligations under this
Section 11. Your obligations under this Section 11 will survive the
expiration or termination of this Agreement.
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GENERAL
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GOVERNING LAW AND VENUE. This Agreement will be governed and interpreted
in accordance with the laws of the state of Texas, exclusive of its
choice of law rules, and where applicable, the laws of the United States
of America. You hereby consent to, and waive all defenses of lack of
personal jurisdiction and forum non conveniens with respect to, the
jurisdiction and venue of the federal and state courts located in Travis
County, Texas (USA). The United Nations Convention on Contracts for the
International Sale of Goods will not apply to this Agreement and is
hereby expressly excluded. Notwithstanding the foregoing, You or
AdvanceOnline may seek injunctive or other equitable relief to protect
Your or AdvanceOnline’s intellectual property (like copyrights and
trademarks) in any court with competent jurisdiction.
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PRIVACY. AdvanceOnline’s current privacy policy is available here, and
is hereby incorporated into this Agreement.
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WAIVER. The failure of either party to require strict performance by the
other party of any provision hereof will not affect the full right to
require such performance at any time thereafter; nor will the waiver by
either party of a breach of any provision hereof be taken or held to be
a waiver of the provision itself. Any waiver of any right or provision
herein will not be effective unless in writing and signed by authorized
representatives of both parties.
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ASSIGNMENT. You may not assign Your rights or obligations under this
Agreement without the prior written consent of AdvanceOnline, which
AdvanceOnline may refuse in its sole discretion. Any attempted
assignment without prior written consent from AdvanceOnline will be
deemed null and void. AdvanceOnline may assign its rights and/or
obligations under this Agreement at any time. Subject to the foregoing,
this Agreement will bind and inure to the benefit of the parties, their
respective successors and permitted assigns.
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SEVERABILITY. If any part of this Agreement is for any reason found to
be unenforceable, all other parts nevertheless remain enforceable as
long as a party's rights under this Agreement are not materially
affected. In lieu of the unenforceable provision, the parties will
substitute or add as part of this Agreement a provision that will be as
similar as possible in economic and business objectives as was intended
by the unenforceable provision.
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COMPLETE AGREEMENT. This Agreement is the complete and exclusive
statement of the agreement between AdvanceOnline and You, which
supersedes any proposal or prior agreement, oral or written, and any
other communications between the parties in relation to the subject
matter of this Agreement. Any terms and conditions of any purchase
orders or acknowledgments delivered by You to AdvanceOnline will not
apply. Any such purchase order or similar document from You will be for
billing reference only and, notwithstanding any terms and conditions set
forth therein, such document will not modify or add provisions to this
Agreement and will not take precedence over this Agreement in any
manner. Except as otherwise provided in this Agreement, any
modifications must be in a writing signed by both parties by their duly
authorized representative. Section headings are used for convenience
only and will in no way affect the construction or interpretation of
this Agreement. This Agreement will be interpreted without application
of any strict construction in favor of or against You or AdvanceOnline.
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REFUND POLICY. The AdvanceOnline refund policy is located here, and is
hereby incorporated into this Agreement.
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NOTICES. You consent to receive electronically any communications from
AdvanceOnline. We may communicate with You through the email address
specified in Your account or by posting notices on the AdvanceOnline
website. You agree that all agreements, notices, disclosures and other
communications that are provided to You electronically satisfy any
requirement that such communications be in writing. All notices from
AdvanceOnline intended for receipt by You will be deemed delivered and
effective when sent to the email address You provide to AdvanceOnline.
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Notices to AdvanceOnline must be sent to: 360training.com, Inc., Attn: Chief
Legal Officer, 5000 Plaza on the Lake, Suite 305, Austin, TX 78746.
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FORCE MAJEURE. Except with respect to any payment to be made to
AdvanceOnline hereunder, neither party will be liable for any failure,
deficiency or delay in the performance of its obligations under this
Agreement due to any force majeure, which will include but not be
limited to any storm, flood, fire, aircraft damage, explosion,
electrical or communication line failure, disturbance, war or military
action, acts of terrorism, Government act or administrative delay,
equipment failure or non-delivery, inability to obtain materials or any
cause or matter whatsoever not within the reasonable control of such
party. In the event of such a force majeure, the affected party will be
entitled to a reasonable extension of time for the performance of its
obligations under this Agreement.
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RELATIONSHIP. No agency, partnership, joint venture or employment
relationship is created by this Agreement or Your use of the
AdvanceOnline Courses, and You do not have any authority of any kind to
bind AdvanceOnline in any respect whatsoever.
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ENGLISH LANGUAGE. This Agreement is in the English language only, which
language will be controlling in all respects. No translation, if any, of
this Agreement into any other language for convenience or to meet local
requirements will be of any force or effect in the interpretation of
this Agreement or in determination of the interests of either party
hereto. Furthermore, all correspondence, notices, claims, suits and
other communication between the parties hereto will be written or
conducted in English. It is the express wish of the parties that this
Agreement and/or any related documents have been drawn up in a language
other than French. French translation: Il est de la volonté expresse des
parties que le présent contrat et/ou tous les documents qui s’y
rattachent soient rédigés dans une langue autre que le français.
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GRIEVANCE PROCEDURE. If You are dissatisfied with the services that
AdvanceOnline has provided for You, You may direct Your written complaint,
grievance, or dispute as follows:
- First Level of Contact: Customer Service Department
- Second Level of Contact: Manager, Customer Service Department
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Top Level of Contact: Director, Sales and Customer Service Division
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Address:
360training.com, Inc.
5000 Plaza on the Lake
Suite 305
Austin, TX 78746
Customer Service # 1-877-881-2235
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Please provide a detailed explanation of Your issues including contact
information where You can be reached. You will be contacted to discuss
an agreeable resolution.
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A different grievance procedure may apply to You if You are using the
AdvanceOnline Courses subject to a contract between Your organization
and AdvanceOnline or a AdvanceOnline distributor. In that case You
should contact the appropriate person within Your organization to
inquire about the grievance procedure that applies to You.
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MODIFICATIONS. AdvanceOnline reserves the right, in its discretion, to
change, modify, add to, or remove portions of the terms of this Agreement
(collectively, “Changes”), at any time. AdvanceOnline will notify You of
Changes by sending an email to the address identified in Your account or by
posting a revised version of the Agreement incorporating the Changes to
AdvanceOnline’s website. Your continued use of or access to AdvanceOnline
Courses following notice of the Changes or posting of the Agreement
incorporating the Changes on the AdvanceOnline website will mean that You
accept and agree to the Changes. Such Changes will apply prospectively
beginning on the date the Changes are posted to the AdvanceOnline website.
THE 360 COURSES ARE PROTECTED BY UNITED STATES COPYRIGHT LAW AND INTERNATIONAL
TREATIES. UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS SUBJECT TO CIVIL AND
CRIMINAL PENALTIES.
360training.com, Inc., 2021. All Rights Reserved. 360training is a
trademark used under license in the United States and other
countries.