Updated April 2020
Welcome to DMAC Tech Trade School Online. When you visit, view, use, or access our website dmaceducation.online, and/or any applicable subdomains thereof, or any applications, mobile applications, functionalities, training simulations, content, materials, Interactive Features, or other online services provided by DMAC Tech Trade School Online (collectively, and along with the services available from the foregoing, the “Site”), whether as a guest or a registered user, you’re agreeing to the following terms and conditions, so please take a few minutes to read over the Terms of Use below.
1. INTRODUCTION
incorporate by reference (collectively, these “Terms of Use”), are entered into by and between you and DMAC Tech Trade School Online (“DMAC Tech Trade School Online ”, “we”, or “us”). For purposes of these Terms of Use, “you” includes, individually and collectively, you (the user or Customer) and any individual, affiliate, or Business User that is visiting, viewing, using, or accessing the Site under your Plan. To the extent that you have entered into an enterprise license agreement, master sales order, master services agreement, or other written agreement fully executed and signed by an authorized representative of DMAC Tech Trade School Online that contains terms that directly conflict with any terms of these Terms of Use, then the conflicted terms set forth in such other agreement will control. You acknowledge and agree that by (i) visiting, viewing, using, or accessing the Site, (ii) clicking “Agree”, “Purchase”, “Submit”, or similar links, or (iii) signing or confirming a Sales Order or other agreement incorporating these Terms of Use, that you have read, understand, and agree to be bound by these Terms of Use, irrespective of whether you are a guest or a registered user of the Site. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU MAY NOT ACCESS OR USE THE SITE. DMAC Tech Trade School’s Online ALLOWANCE OF YOUR USE AND ACCESS TO THE SITE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE, TO THE EXCLUSION OF ALL OTHER TERMS.
2. PRIVACY POLICY
information submitted in connection with your use of the Site is subject to our privacy policy found at dmaceducation.online which is hereby incorporated by this reference. We will use information about you that we obtain either directly from you or that we obtain by nature of your use of the Site in accordance with our Privacy Policy solely in furtherance of providing you and improving the Site.
3. SITE ACCESS AND ACCOUNT REGISTRATION
information helps us to create and maintain a DMAC Tech Trade School Online account for you, which is necessary for providing you the content, customer service, and network management that comes with the Site; as such, it is a condition of your use of the Site that all account information you provide is correct, current, and complete. You agree that all account information you provide is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
With regard to your username, password, any other piece of information you provide to us as part of our security procedures (collectively, “Account Information”), you agree to treat such Account Information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your Account Information is personal to you, and you agree not to provide any other person with access to the Site using your Account Information. You agree to notify us immediately (dmaceducation.online) of any unauthorized access to or use of your Account Information or any other breach of security that you become aware of. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your Account Information or other personal information. Except as provided herein, you may not transfer your Account Information to any other person and you may not use anyone else’s Account Information or account at any time. In cases where you have nevertheless authorized or registered another person to use your account or Plan, or where you have acted negligently in safeguarding your Account Information as set forth above, you agree you are fully responsible for (i) the acts and omissions of such person accessing the Site with your Account Information, (ii) controlling the person’s access to and use of the Site, and (iii) the consequences of any use or misuse by such person.
4. PROPRIETARY MATERIALS
(a) Use of DMAC Tech Trade School’s Online Proprietary Materials. The Site contains copyrighted materials, trademarks, proprietary and confidential information, and intellectual property of DMAC Tech Trade School Online and licensors of DMAC Tech Trade School Online (collectively, “Proprietary Materials”), including without limitation source code, video, text, software, photos, graphics, images, music, and sound. You agree not to modify, publish, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any Proprietary Materials. Proprietary Materials may only be accessed through the Site, and not by or from any other site or means. The applicable License granted you by these Terms of Use is a right of access through the Site only, and does not grant to you any right to download or store any Proprietary Materials in any medium, other than (i) that downloadable content that may be provided for certain training courses, including exercise files, course slides, and sample code, (ii) files that are automatically cached by your web browser for display purposes, and (iii) if we provide desktop, mobile, or other applications for download, a single copy of such application for your computer or mobile device solely for your own, personal use, provided you agree to be bound by an applicable end user license agreement for such application (collectively, the “Authorized Downloadable Materials”). Authorized Downloadable Materials are held by you pursuant to a limited revocable right only, and are subject to all restrictions described herein, including the prohibition on further transfer, sale, creation of derivative works, or exploitation in any manner.
(b) Reservation of Rights. DMAC Tech Trade School Online reserves all intellectual property rights to the Proprietary Materials, other than as specifically granted under the applicable License granted you under these Terms of Use. No posting, copying, transmission, retransmission, distribution, redistribution, publication, republication, decompilation, disassembling, reverse engineering, or otherwise reproducing, storing, transmitting, modifying, or commercially exploiting any Proprietary Materials in any form or by any means, for any purpose, is permitted without our express written permission.
(c) DMAC Tech Trade School Online Copyright and Marks. The entire Site is © 2020 DMAC Tech Trade School Online. All Rights Reserved. Complying with all applicable copyright laws is your responsibility. “DMAC Tech Trade School Online” and other DMAC Tech Trade School Online marks and logos are service marks and trademarks of DMAC Tech Trade School Online.
(d) Equitable Relief. You acknowledge that a breach of any proprietary rights described in these Terms of Use may cause us irreparable damage, for which the award of damages would not be adequate compensation. Consequently, you agree that we may institute an action to enjoin you from any and all acts in violation of those provisions, which remedy will be cumulative and not exclusive, and we may seek the entry of an injunction enjoining any breach or threatened breach of those provisions, in addition to any other relief to which we may be entitled at law or in equity.
(e) Third-Party Marks. Other trademarks, service marks, and logos used throughout the Site are the trademarks, service marks, or logos of their respective owners. These may include: Interplay Learning, Sears, Lowes, Google, You tube, Fiverr, Facebook, Click bank, Mail Chimp, Instagram, Pay pal, Stripe, Esco, Nate and Word press which are trademarks registered in the U.S. and other countries.
(f) Violation of Copyright or Intellectual Property Laws. We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and at our sole discretion, remove or disable access to any materials on the Site that we believe (or are notified) may infringe on the rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement or otherwise infringes on your intellectual property rights, please report it to us promptly.
5. MOBILE AND OTHER DEVICES
If you use a mobile device or DMAC Tech Trade School Online -provided mobile application to access the Site, the following additional terms and conditions (“Mobile Terms”) also apply:
(a) You agree that you are solely responsible for all message and data charges that apply to use of your mobile device to access the Site. All such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status, and details.
(b) You understand that wireless service may not be available in all areas at all times and may be affected by product, software, coverage, or service changes made by your service provider or otherwise. Additional terms and conditions may apply to your use of our mobile applications based on the type of mobile device that you use. (c) YOUR ACCESS TO OR USE OF THE SITE VIA YOUR MOBILE DEVICE OR DMAC Tech Trade School Online – PROVIDED MOBILE APPLICATION CONFIRMS YOUR AGREEMENT TO THESE TERMS OF USE, INCLUDING BUT NOT LIMITING THESE MOBILE TERMS.
6. DMAC Tech Trade School Online “DOs” and “DON’Ts”
You acknowledge and agree that the Site contains content and materials that are viewable through online streaming methods and they are not to be downloaded by you (or your Business Users), except under the limited circumstances and for the limited times as permitted by your Plan. In addition, you agree to adhere and abide to the following DOs and DON’Ts.
(a) DOs (User Obligations). You acknowledge and agree that you (and your Business Users) will:
● Comply with all applicable federal, state, local, or international law or regulations (including without limitation any laws regarding copyright, intellectual property, privacy and personal identity, or the export of data or software to and from the U.S. or other countries);
● Provide true and accurate information to us and keep it updated;
● Use the Interactive Features in a respectful manner; and
● Exit from your account at the end of each session or use of the Site.
(b) DON’Ts (Prohibited Conduct). You acknowledge and agree that you (and your Business Users), will not:
● reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, capture, download, save, upload, print, or otherwise transfer or retain information or content available on the Site other than with regard to Authorized Downloadable Materials, subject to the limited permissions set forth herein;
● manually or systematically harvest, scrape, collect or otherwise extract information or data contained on the Site, other than permitted use of Authorized Downloadable Materials or temporary storage of video materials for offline viewing (if permitted).
● permit or provide others access to the Site using your Account Information or otherwise, or the Account Information of another authorized user;
● impersonate or attempt to impersonate DMAC Tech Trade School Online, an DMAC Tech Trade School Online employee, another user, or any other person or entity (including without limitation by using e-mail addresses or Account Information associated with any of the foregoing) or provide incorrect or knowingly false information;
● remove or modify any copyright, trademark, legal notices, or other proprietary notations from the Proprietary Materials or any other content available on the Site;
● violate or attempt to violate the Site’s security mechanisms, attempt to gain unauthorized access to the Site or assist others to do so, or otherwise breach the security of the Site or corrupt the Site in any way;
● co-brand or frame the Site or establish a link in such a way as to suggest any form or association, approval, or endorsement on our part, without the prior express written permission of an authorized representative of DMAC Tech Trade School Online;
● use any portion of the Site to aid in transmitting, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, or “spam” or any other similar solicitation;
● post to the Interactive Features or any other portion of the Site any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, infringing, defamatory, or libelous content;
● use the Site or its contents (including User Content) to recruit, solicit, or contact in any form other users or potential users for employment or contracting for a business not affiliated with us without the prior express written permission of an authorized representative of DMAC Tech Trade School Online;
● use or attempt to use the Site to store or transmit software viruses, worms, time bombs, Trojan horses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;
● decompile, reverse engineer, or otherwise attempt to obtain the source code of the Site
● engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability; and/or
● use the Site in any manner that could disable, overburden, damage, or impair the Site, interfere with any other party’s use of the Site (including their ability to engage in real time activities through the Site), or otherwise attempt to interfere with the proper working of the Site.
(c) Restricted Use of Site. We reserve the right to monitor use of the Site and to suspend, revoke, deny, disable, or terminate your access or the access of any of your Business Users if you or they have violated any provisions of these Terms of Use (including the DOs and DON’Ts above) or if your or their usage behavior exceeds normal limits, as determined in our sole discretion. The term “normal limits” will be determined solely by DMAC Tech Trade School Online.
(d) Geographic Restrictions. The Site may be used only by citizens and legal residents of the United States of America. The Site and its features are subject to United States export controls. No Site content or materials may be downloaded or exported
(i) into (or to a resident of) Cuba, Libya, North Korea, Iran, Syria, or any other country subject to an applicable embargo or other trade restriction by any government regulatory agency having jurisdiction, or (ii) by or to any person or entity on the United States Treasury Department’s list of Specially Designated Nationals (SDN) or the United States Commerce Department’s Consolidated Screening List (CSL). By accessing or using the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. Although the Site may be accessible worldwide, we make no representation that the Site is appropriate or available for use in locations outside the United States, and accessing the Site from territories where its contents or materials are illegal, is prohibited. Those who choose to access the Site from other locations do so at their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the Site is void where prohibited.
7. REPRESENTATION, WARRANTIES, AND COVENANTS
(a) Your Representations and Warranties. You represent and warrant that:
(i) You are (i) 18 years of age or older or an emancipated minor, and (ii) are fully able and competent to form a binding contract with DMAC Tech Trade School Online by entering into these Terms of Use.
(ii) You are over the age of 13 as NO portions of the Site are intended for children under 13. If you are under 13 years of age, you may not register for an account or otherwise use the Site;
(iii) You are solely responsible for all service, telephony, data charges, and other fees and costs associated with your access to and use of the Site, including without limitation maintaining all internet, browser software and extensions, computer hardware, telephone, and other equipment required for such access.
(b) Authority. You and DMAC Tech Trade School Online each represent, warrant, and covenant that it has the full power and authority to: (i) enter into an agreement subject to these Terms of Use; (ii) perform its obligations hereunder, and that its performance hereunder does not conflict with, limit, or be contrary to any other agreement; (iii) and that by so doing, it does not violate any applicable laws or any contractual relationship.
(c) DMAC Tech Trade School Online Intellectual Property. We represent, warrant, and covenant that: (i) we have and will have all rights, titles, licenses, intellectual property, permissions and approvals necessary in connection with our performance under these Terms of Use to grant you the License and rights granted hereunder; and (ii) neither the Site (including the Proprietary Materials), nor the provision or utilization thereof as contemplated under these Terms of Use, will infringe, violate, trespass or in any manner contravene or breach or constitute the unauthorized use or misappropriation of any intellectual property of any third party.
(d) Reliance and Functionality. DMAC Tech Trade School Online does not warrant that the content or functions of the Site will meet your requirements or that the operation of the Site will be uninterrupted or error free. The content and materials presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from or related to any reliance placed on such materials by you, your Business Users, or any other visitor to the Site, or by anyone who may be informed of any of its contents. The Site (including without limitation our blogs and Interactive Features) may include content provided by third parties, including materials provided by other users, bloggers, or third-party licensors, syndicators, aggregators, and reporting services. All statements and opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by DMAC Tech Trade School Online, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of. DMAC Tech Trade School Online We are not responsible or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
(e) Availability of Site. You recognize that the traffic of data through the Internet may cause delays during your use of or access to the Site, and accordingly, you agree not to hold us liable for delays that are ordinary in the course of Internet use. You further acknowledge and accept that the Site may not be available on a continual 24- hour basis due to such delays, delays caused by our upgrading, modification, or standard maintenance of the Site, or any other delays outside of our control.
(f) Third-party services, links, SSO, OAuth, etc. If any portion of the Site contains services (e.g., discussion forums), links, resources, or materials provided by third parties, including without limitation URL links, discussion forum engines, single-sign on services (SSO), OAuth resources (e.g., Facebook, GitHub, LinkedIn, etc.), or capabilities to share to social media websites, these are provided for your convenience only. This may include links contained on courses or in advertisements, including banner advertisements and sponsored links on the Site. We have no control over the contents, software, or privacy practices of these third-party services, links, resources, or materials, and accept no responsibility for them or for any loss or damage that may arise from your use of them—if you access or use them, you do so entirely at your own risk.
8. TERMINATION; CANCELLATION POLICY
(a) DMAC Tech Trade School’s Online Rights of Termination. You agree that we may deactivate your account or terminate your Plan if we believe that you have (a) breached these Terms of Use; (b) infringed the intellectual property rights of a third party; (c) posted, uploaded or transmitted unauthorized User Content; or (d) violated or acted inconsistently with these Terms of Use, our Privacy Policy, the Mobile Terms, or any other applicable code of conduct. You agree that any such deactivation or termination for the foregoing reasons may be effected without prior notice to you and that DMAC Tech Trade School Online will not be liable to you or any third party for any deactivation of your account or termination of your Plan.
9. INDEMNIFICATION
(a) Indemnification. You agree to defend, indemnify and hold harmless DMAC Tech Trade School Online, its directors, employees, licensors, independent contractors, providers, subsidiaries, and affiliates, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns (each, a “DMAC Tech Trade School Online Indemnitee”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) (hereinafter, “Claims”) arising out of or relating to: (i) your violation of these Terms of Use or the Mobile Terms; (ii) your User Content or Feedback posted to the Site; (iii) any use by you of the Site’s material, content, services, or products other than as expressly authorized in these Terms of Use; or (iv) your use of any information obtained from the Site.
(b) Indemnification Procedure. You agree to cooperate as fully as reasonably required in the defense of any Claims, including asserting any available defenses. We reserve the right, at our own expense, to assume the exclusive defense and control of any Claims or matter otherwise subject to indemnification by you and you may not in any event settle any Claims without our prior written consent.
10. NO WARRANTY; LIMITATIONS ON LIABILITY
(a) No Warranty. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED. NEITHER DMAC Tech Trade School Online NOR ANY PERSON OR ENTITY ASSOCIATED WITH DMAC Tech Trade School Online MAKES ANY PROMISE, WARRANTY, OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER DMAC Tech Trade School Online NOR ANY PERSON OR ENTITY ASSOCIATED WITH DMAC Tech Trade School Online PROMISES, REPRESENTS OR WARRANTS THAT THE SITE OR CONTENT OBTAINED THROUGH THE SITE OR ANY PORTION THEREOF WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ITS CONTENT OR MATERIALS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. DMAC Tech Trade School Online HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
(b) Limitation on Liability. IN NO EVENT WILL DMAC Tech Trade School Online, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO YOU, ANY OF YOUR AFFILIATES OR BUSINESS USERS, OR ANY THIRD PARTY WITH RESPECT TO THE SITE OR THE SUBJECT MATTER OF THESE TERMS OF USE UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY, EVEN IF FORESEEABLE, FOR: (i) ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF THE AMOUNT YOU HAVE PAID TO DMAC Tech Trade School Online FOR THE SITE IN THE ONE (1) YEAR IMMEDIATELY PRIOR TO LIABILITY ARISING; (ii) PERSONAL INJURY; (iii) ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF ANTICIPATED SAVINGS, LOSS OF USE, OR LOSS OF GOODWILL; (iv) DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (v) ANY MATTER BEYOND OUR REASONABLE CONTROL; OR (vi) ANY ACTIONS OF, OR SERVICES PROVIDED BY, THIRD-PARTY SERVICE PROVIDERS OR INDEPENDENT CONTRACTORS (INCLUDING MENTORS) PROVIDING SERVICES ON BEHALF OF DMAC Tech Trade School Online OR VIA THE SITE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
c) RELEASE AND WAIVER. YOU HEREBY RELEASE, DISCHARGE AND COVENANT NOT TO SUE DMAC Tech Trade School Online, any directors, officers, agents and employees of DMAC Tech Trade School Online (all for the purposes herein referred to as Releasees), FROM ALL LIABILITY TO YOU, your personal representatives, assigns, heirs, and next of kin, FOR ANY AND ALL CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON ACCOUNT OF ANY INJURY TO YOU, INCLUDING BUT NOT LIMITED TO DEATH, CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE INHERENT RISKS OF THE USE OF DMAC Tech Trade School’s Online SITE USING “How-To’s” Videos, VR EQUIPMENT OR FACILITIES. If despite this release, you, or anyone on your behalf, makes a claim against any of the “Releasees” named above, YOU AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS THE “RELEASEES” and each of them from ANY LITIGATION EXPENSES, ATTORNEYS FEES, LOSS, LIABILITY, DAMAGE, OR COST THEY MAY INCUR DUE TO THE CLAIM MADE AGAINST ANY OF THE “RELEASEES” NAMED ABOVE, FOR ANYTHING OTHER THAN THE GROSS NEGLIGENCE, RECKLESSNESS, OR INTENTIONAL MALFEASANCE OF THE RELEASEES. YOU AGREE, and, as a condition of being allowed to use the DMAC Tech Trade School Online Site using “How-To’s” Videos and facilities, warrant that you are comfortable in and around “ How-To’s” Video simulations and other related and that you are in good physical health. In particular, you warrant that you have none of the medical conditions indicated in the Health and Safety Precautions that would be adversely affected by your use of DMAC Tech Trade School Online videos and facilities.
HAVE GIVEN UP SUBSTANTIAL RIGHTS BY ACCEPTING IT; YOU UNDERSTAND THAT THE TERMS HEREIN ARE CONTRACTUAL AND NOT A MERE RECITAL; YOU HAVE ACCEPTED THESE TERMS OF USE FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO US; AND IF YOU HAVE ANY DOUBTS CONCERNING THE CONTENTS OF THIS SECTION 13, YOU WILL CONSULT AN ATTORNEY BEFORE AGREEING TO IT.
11. CHANGES TO TERMS OR THE SITE
(a) Changes to these Terms. For as long as we continue to offer the services through the Site, we will deliver, update, improve and expand such services and the Site as we deem appropriate. As a result, we allow you to access the Site as it is and as available on any day, and we have no other obligations, except as expressly stated in these Terms of Use. We reserve the right to change or modify these Terms of Use, our Privacy Policy, the Mobile Terms, or any documents, policies, or terms they incorporate by reference in our sole discretion and at any time. Any such change or modification will be effective immediately upon posting to the Site; however, any changes to Section 15(c) (Governing Law and Jurisdiction) will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Site. We will take reasonable steps to notify you of any changes or modifications, but you agree to review the Site periodically to be aware of any changes or modifications.
Notwithstanding anything to the contrary, your continued use of the Site and any other DMAC Tech Trade School Online -provided services will be deemed your conclusive acceptance of all such changed or modified terms and conditions.
(b) Changes to the Site. DMAC Tech Trade School Online may at any time, without notice or liability, change or eliminate any content or feature of the Site or any portion thereof, or restrict the use of any portion of the Site. Your only right with respect to any dissatisfaction with any service-related change or elimination is to cease use of the Site. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any reason.
12. GENERAL
(a) Non-Waiver. Failure by DMAC Tech Trade School Online to enforce any provision(s) of these Terms of Use will not be construed as a waiver of any provision or right.
(b) Severability. If any provision of these Terms of Use is found to be illegal, void, or unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions of these Terms of Use.
(c) Governing Law and Jurisdiction. These Terms of Use are governed by and will be construed in accordance with the laws of the State of Texas, without reference to (i) any conflicts of law principle that would apply the substantive laws of another jurisdiction to the parties’ rights or duties, (ii) the United Nations Convention on Contracts for the International Sale of Goods, or (iii) other international laws.
(d) Dispute Resolution. Should any dispute arise with regard to these Terms of Use, the parties agree to first work in good faith to resolve such dispute, and neither party may commence any action with regard to such dispute until thirty (30) days have passed from the time such party has provided written notice to the other party of the nature of such dispute, provided that nothing herein will prevent us from seeking injunctive relief in the event of your actual or threatened breach of any terms of these Terms of Use.
(e) Notice. Any notice which may be required to be given under these Terms of Use, will be given: (i) by DMAC Tech Trade School Online to you via e-mail to the e-mail address you maintain in your account settings or by notifying you electronically by displaying the notice in the Site; (ii) by you to us in any commercially reasonable manner, including certified mail, return receipt requested, e-mail, or any other customary means of communication at the applicable mailing address set forth below, as may be updated from time to time. Any notice given otherwise than in accordance with this Section will be deemed ineffective.
DMAC Tech Trade School Online
15224 E. Colonial Dr
Orlando, FL 32826
Attn: CEO
Email Contact us page @: dmaceducation.online
All other feedback, comments, requests for technical support, or other communications relating to the Site should be directed to the DMAC Tech Trade School Online support team by online chat or contact us page.
(f) No Agency. Nothing in these Terms of Use will be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor, or employee of the other. Neither DMAC Tech Trade School Online nor any other party to these Terms of Use has, or may hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that is binding on the other, except as provided for herein or authorized in writing by the party to be bound.
(g) Assignment. We may freely transfer or assign any portion of our rights or delegate our obligations under these Terms of Use. You may not assign or otherwise transfer your rights, obligations, or duties under these Terms of Use, in whole or in part, without our prior written consent, in our sole discretion. Any attempted transfer or assignment of these Terms of Use without the prior written consent of DMAC Tech Trade School Online will be null and void ab initio. These Terms of Use will be binding upon and will inure to the benefit of the permitted successors and assigns of each party to these Terms of Use.
(h) Miscellaneous. These Terms of Use (including the Mobile Terms), and our Privacy Policy, together with each Sales Order, as applicable, constitute the sole and entire agreement between you and DMAC Tech Trade School Online with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site. The section titles used herein are displayed for convenience only and have no legal effect. Nothing in these Terms of Use confers any third-party beneficiary rights or remedies. The inclusion of your purchase order number on any Sales Order, invoice, or other DMAC Tech Trade School Online -provided document is for reference purposes only and is not an acceptance by DMAC Tech Trade School Online of your terms or conditions contained therein or elsewhere. The terms on any such purchase order or similar document submitted by you to DMAC Tech Trade School Online will have no effect and are hereby rejected. If any dispute should arise between the parties hereto regarding the terms or subject matter of these Terms of Use or the enforcement or breach of such terms, then the party prevailing in such dispute, whether by out-of-court settlement or final judicial determination, will be entitled to recover from the non-prevailing party all costs and expenses of such dispute incurred by such prevailing party, including without limitation reasonable attorneys’ fees.
[END OF TERMS OF USE]
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