WP LEARNING CENTER, LLC TERMS AND CONDITIONS
PLEASE READ THESE WP LEARNING CENTER, LLC (hereafter WPLC) TERMS AND CONDITIONS CAREFULLY. ANY ENROLLMENT IN THE WPLC TRAINING CLASS(ES) BY ENROLLEE OR ANY ACT BY ENROLLEE ACCEPTING THE BENEFITS OF THE WPLC TRAINING CLASS(ES) SHALL BE CONCLUSIVE EVIDENCE OF ENROLLEE’S ACCEPTANCE OF THESE WPLC TERMS INCLUDING, WITHOUT LIMITATION, THE COURSE-WARE LICENSE HEREIN CONTAINED. NOTHING CONTAINED IN THE WPLC SERVICES AGREEMENT (HEREINAFTER DEFINED) OR OTHERWISE SHALL BE DEEMED TO CONSTITUTE A REPRESENTATION, WARRANTEE, GUARANTEE, OR PROMISE THAT A PARTICULAR RESULT WILL BE PRODUCED, OBTAINED OR ACHIEVED, DUE TO THE WPLC TRAINING CLASS(ES). ENROLLEE AGREES THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN AGREEMENT NEGOTIATED AND SIGNED BY ENROLLEE.
1. WPLC Services. These Terms apply to the enrollment in WPLC classes offered by WPLC, 9402 Lauralan Dr., Austin, TX 78736, United States to Enrollee. The WPLC TRAINING CLASS(ES) are further described on the WP Learning Center Website located at http://www.wp-learningcenter.com.
2. WPLC Service Delivery. WPLC will not be liable for any Enrollee loss resulting from delays in delivery, scheduling conflicts, or technical issues. THE WPLC TRAINING CLASS(ES) may not be resold, recorded, redistributed, and/or used for commercial use.
3. Cancellation; Expiration. WPLC reserves the right to cancel or reschedule any class at its discretion. Enrollee agrees to complete WPLC Class(es) within 30 calendar days of purchase unless an alternative completion date has been agreed to in writing by WPLC.
3.1 Refunds. Refunds must be requested within 30 days of purchase date. All refunds will be credited to the original payment source, minus a 35% service charge, within 30 days from refund request. Training hours not used within 90 days of purchase date will be forfeited and not subject to refunds.
Cancellations and Rescheduling
Cancellation and rescheduling requests are subject to a $60 service charge. To avoid the $60 service charge, a cancellation and rescheduling request must be received via email at [email protected] no later than 72 hours before your first scheduled class.
Starting Your Class
Prior to your scheduled class, an instructor will email you the Webex meeting information for your class and together you will log in to Webex and start training. If, after 5 minute you are not in the meeting, we will call the contact phone number you have provided in the New Student Registration Form. If the call goes unanswered, we will try to contact you two additional times within 25 minutes. If you are still unavailable, your account will be charged $60
4. Payment Plan (Training Package Payments).
4.1. Service Fees. Enrollee agrees to be liable to WPLC for any service under this agreement. Except as otherwise specified, fees are quoted and payable in United States Dollars, fees are based per class and payment obligations are non-cancelable and fees paid are non-refundable except as otherwise noted in this agreement.
4.2. Invoicing and Payment. Enrollee agrees to provide WPLC with valid and updated credit card information either directly or indirectly using PayPal. Enrollee authorizes WPLC to charge such credit card for any service under this agreement. Such charges shall be paid in full in advance of Training Class(es). Enrollee also agrees that payment for the course is authorized and/or provided directly through their employer or other third party organization.
4.3. Suspension of Service and Acceleration. If any amount owing under this or any other agreement for Services is unpaid at the time of your first scheduled class, WPLC may, without limiting its other rights and remedies, cancel, reschedule and/or suspend the Services at WPLC’s sole option, until such amounts are paid in full.
5. Payments. If we do not receive payment in full 48 hours prior to your first scheduled class, WPLC reserves the right to cancel or reschedule any class at its sole discretion.
6. Ownership and Proprietary Rights; Course-ware; Software License; Codes. The WPLC Training Class(es) consisting of documentation, materials, files, recordings, video, audio and presentation slides are the sole and exclusive property of WPLC Enrollee acknowledges and agrees that all copyrights, patents, trade secrets, concepts, techniques or other intellectual property rights associated with any ideas, concepts, creations, designs, engineering details, techniques, inventions, processes, works of authorship, course materials, documentation, and/or WPLC Training Packages, developed, created or used by WPLC or its personnel in connection with the WPLC TRAINING CLASS(ES) are and shall remain the sole and exclusive property of WPLC and/or its Licensor and are proprietary information of those parties. WPLC reserves all rights not expressly granted to Enrollee. Enrollee may not copy, modify, transfer, sell, distribute, share or post to any website, the WPLC Training Packages, classes or videos. Except as otherwise provided by law, Enrollee may not reverse engineer, disassemble, decompile, or translate the WP Learning Center Training Packages, or otherwise attempt to derive the source code or other software which may be related to the WP Learning Center Training Packages or WPLC TRAINING CLASS(ES). Enrollee may not rent, lease, sublicense, assign, loan, sell, or distribute the WP Learning Center Training Packages or any part thereof. No right, title, or interest in or to any trademarks, service marks, or trade names of WPLC or WPLC’s licensors is granted hereunder and any use thereof will inure solely to the benefit of WPLC and/or WPLC’s licensors. The WP Learning Center Training Packages is protected by United States and international copyright law and international treaty. Unauthorized reproduction or distribution is subject to civil and criminal penalties. Enrollee agrees to take adequate steps to protect the WP Learning Center Training Packages from unauthorized disclosure or use. All software, including without limitation WPLC software, required by Enrollee in connection with the delivery and/or receipt of the WPLC TRAINING CLASS(ES) are licensed pursuant to the terms and conditions set forth in the software license agreement accompanying such software and such terms and conditions are in addition to these WP Learning Center Terms. Enrollee shall be responsible for compliance with these WP Learning Center Terms as well as compliance with terms of any software license agreement (any breach by any of them shall be treated as a breach by Enrollee), and (ii) administering the proper access to and use of WPLC TRAINING CLASS(ES) codes, reservation codes and/or similar controls (as well as any volume licensing media) that may be provided to Enrollee and for preventing unauthorized access or use. Enrollee agrees to comply strictly with all applicable export control laws and regulations.
7. Limited Warranty; Disclaimer. WPLC EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES. WPLC IS DELIVERING THE WPLC TRAINING CLASS(ES) AND WP LEARNING CENTER TRAINING PACKAGES ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OR REPRESENTATIONS WHATSOEVER, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE AND SPECIFICALLY DOES NOT PROVIDE WARRANTIES WITH RESPECT TO THE USE BY ENROLLEE OF ANY WP LEARNING CENTER SERVICES, OR WP LEARNING CENTER TRAINING PACKAGES. WPLC DOES NOT WARRANT THAT THE WPLC TRAINING CLASS(ES) AND ANY SOFTWARE OR WP LEARNING CENTER MATERIALS PROVIDED BY WPLC TO ENROLLEE HEREUNDER WILL MEET THE REQUIREMENTS OF ENROLLEE AND WPLC ASSUMES NO RESPONSIBILITY FOR THE QUALITY, UTILITY, ACCURACY OR SECURITY OF THE WPLC TRAINING CLASS(ES), OR WP LEARNING CENTER TRAINING PACKAGES OR USEFULNESS OF THE SAME FOR ANY PURPOSE. WPLC DOES NOT GUARANTEE NETWORK SECURITY. WPLC ACCEPTS NO RESPONSIBILITY OR LIABILITY FOR THE SECURITY OF ENROLLEE’S ELECTRONIC ENVIRONMENT. THE OBLIGATIONS AND LIABILITIES OF WPLC AND ITS LICENSOR AS SET FORTH HEREIN ARE EXCLUSIVE AND EXPRESSLY IN LIEU OF ALL OTHER OBLIGATIONS, LIABILITIES AND REMEDIES, EXPRESS OR IMPLIED, INCLUDING ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY (COLLECTIVELY, “CLAIMS”) IN TORT, CONTRACT, STATUTE, OR OTHERWISE WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF WPLC OR ITS AFFILIATES, ACTUAL OR IMPUTED. WPLC SHALL NOT BE LIABLE FOR ANY SERVICES OR PRODUCTS PROVIDED BY ANY THIRD PARTY VENDORS, DEVELOPERS OR CONSULTANTS IDENTIFIED OR REFERRED TO ENROLLEE BY WPLC DURING PERFORMANCE OF WP LEARNING CENTER SERVICES, OR OTHERWISE.
8. Indemnification. Enrollee agrees to fully and unconditionally indemnify, defend, protect and hold WPLC harmless from and against any and all losses, liabilities, claims, causes of action, demands, actions, damages and costs (including attorney’s fees and costs) arising in any manner whatsoever, directly or indirectly, out of or in connection with or in the course of or incidental to any training, material, software, information, classes, work or operations of WPLC, (including its agents, servants, officers and/or employees) arising out of or in connection with or in the course of or incidental to, any training, material, software, classes, work, operations, modifications, deletions and/or alterations of or related to any website or in connection therewith, and regardless of cause or of the sole, concurrent, joint, comparative or contributing fault or NEGLIGENCE of WPLC, or its officers, agents or employees. It is the intent of parties hereto that all indemnity obligations and/or liabilities assumed by Enrollee under the terms of this contract, be without limit and without regard to the cause or causes hereof including the NEGLIGENCE of WPLC, its officers, agents or employees, whether such negligence be sole, joint, contributing, comparative or concurrent, active or passive.
8.1 Authority. Enrollee expressly represents to WPLC that at all times relevant to this agreement, Enrollee has the full legal right, possession, permission, authority and license to undertake, make, create, modify, change, alter and/or delete material from any website to which Enrollee directs WPLC or for which Enrollee solicits help, training, guidance or assistance from WPLC. It is the express understanding of the parties hereto that WPLC has NO DUTY to verify or confirm Enrollee’s right, permission, authority or license to make any modifications to or redactions from any website. It is the sole duty and obligation of Enrollee to obtain, confirm, possess and maintain the full legal authority to create, modify, alter and/or delete material from any website to which Enrollee directs WPLC or for which Enrollee solicits help, training, guidance or assistance from WPLC. Enrollee expressly agrees that if, at any time during the course of Enrollee’s training, classes or ongoing relationship with WPLC, Enrollee ceases to possess the full legal right, authority, license or permission to make modifications, deletions, alterations or changes to any website, Enrollee will immediately cease making said changes and will not solicit or engage the assistance of WPLC in making any unauthorized changes or modifications to any website.
9. Limitation of Liability. Except for breach by Enrollee of its obligations under Sections 6 and 8, and to the extent not prohibited by applicable law: (i) WPLC’s aggregate liability to the Enrollee hereunder will be limited to the amount paid by Enrollee for the WPLC Class. WPLC is not liable hereunder for any indirect, punitive, special, incidental or consequential damages even if that party has been previously advised of the possibility of such damage and even if any exclusive remedy provided for in these Terms fails of its essential purpose. BOTH PARTIES AGREE THE LIMITATIONS SET FORTH IN THIS SECTION REFLECTS THE ALLOCATION OF RISK UNDERSTOOD AND AGREED UPON BY THE PARTIES.
10. Relationship. The relationship of WPLC and Enrollee established by this Agreement is that of independent contractors, and nothing contained in this Agreement shall be construed to (i) give either party the power to direct and control the day to day activities of the other; (ii) deem the parties to be acting as agents, partners, joint ventures, co owners or otherwise as participants in a joint undertaking; or (iii) allow either party to create or assume any obligation on behalf of the other party for any purpose whatsoever.
11. Force Majeure; Excused Performance. WPLC shall not be liable in any way for any delays in, or any failure of, services performed hereunder due to any wrongful or negligent act or omission of Enrollee or its employees and agents; and/or Enrollee’s failure to follow the WP Learning Center Service requirements. Neither party shall be liable or deemed in default for any delay in performance under this Services Agreement resulting directly or indirectly from acts of God, war, insurrection, national emergency, fires, storms, loss of or failure of internet connection or service, labor disputes, acts of vandals or hackers, acts of civil or military authority or any other cause beyond the reasonable control of such party.
12. Miscellaneous. These WP Learning Center Terms including any attachments hereto and made a part hereof, constitute the entire agreement between WPLC and Enrollee with respect to the furnishing of WPLC TRAINING CLASS(ES) and license for the use of the WP Learning Center Training Packages and supersedes any prior negotiations, understandings or agreements with respect to the specific subject matter hereof. No other terms and conditions shall be included or implied unless agreed in writing by an authorized representative of the parties. The rights of WPLC and obligations of Enrollee under the WPLC Terms shall inure to the benefit of WPLC’s assignees, licensors, and licensees. These WPLC Terms are not assignable or transferable in whole or in part by Enrollee without the prior written consent of WPLC, which consent shall not be unreasonably withheld. The provisions of these WP Learning Center Terms are severable and if any one or more of the provisions hereof are judicially determined to be illegal or otherwise unenforceable, in whole or in part, the remaining provisions of these WP Learning Center Terms shall be binding. A waiver of any section of these WP Learning Center Terms does not constitute a waiver of the whole WP Learning Center Terms. All notices given pursuant to these WP Learning Center Terms shall be in writing sent by certified or registered mail (return receipt requested), overnight express services or by facsimile. All such notices shall be directed to Enrollee or WPLC at the address set forth herein unless either party notifies the other in writing of a new address. The parties agree that these Terms constitute an agreement between Enrollee and WPLC, and creates no obligations to Enrollee on the part of WPLC’s Licensor, affiliates, subcontractors, or suppliers. Enrollee expressly relinquishes any rights as a third party beneficiary to any agreements between WPLC and such parties, and waives any and all rights or claims against any such third party. Each party is duly authorized and empowered to enter into and perform these WP Learning Center Terms. The parties knowingly and expressly consent to the foregoing terms and conditions.
Arbitration. The Parties agree that any and all disputes arising out of, or relating to, the terms of this Agreement, their interpretation, and any of the matters herein released, shall be subject to binding arbitration in Travis County, Texas before the American Arbitration Association under its National Rules for the Resolution of Employment Disputes. The Parties agree that the prevailing party in any arbitration shall be entitled to injunctive relief in any court of competent jurisdiction to enforce the arbitration award. The Parties agree that the prevailing party in any arbitration shall be awarded its reasonable attorney fees and costs. The Parties hereby agree to waive their right to have any dispute between them resolved in a court of law by a judge or jury. This section will not prevent either party from seeking injunctive relief (or any other provisional remedy) from any court having jurisdiction over the Parties and the subject matter of their dispute relating to Employee’s obligations under this Agreement and the agreements incorporated herein by reference.