review the following terms carefully. If you do not agree to these terms, you should not use this site. The term “Termark,” “us” or “our” refers to
The Susquehanna Group LLC d/b/a Termark Technical Institute, a Florida Limited Liability Company the legal owner of the this course and our
site. The term “you” refers to the user or viewer of our Web Site.
1. Acceptance of Agreement.
constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties
and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement.
This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and
you should review this Agreement prior to using the Site.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under
applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or
publication by you of any such matters or any part of the Site, except as allowed by Section 4 below, is strictly prohibited. You do not acquire ownership
rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver
of any right in such information and materials. Some of the content on the site is the copyrighted work of third parties.
3. Service Marks.
“Termark-tech.org” and Termark Technical Institute with others are our service marks or registered service marks or trademarks. Other product and
company names mentioned on the Site may be trademarks of their respective owners.
4. Limited License; Permitted Uses.
You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site strictly in accordance with this Agreement; (b) to use
the Site solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, non-
commercial purposes and provided that you maintain all copyright and other policies contained therein. No print out or electronic version of any part of the
Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
You have Ninety Days to complete the course. Failure to complete the course will not entitle the student to any pro rata tuition adjustment.
Your license for access and use of the Site and any information, materials or documents (collectively defined as “Content and Materials”) therein are
subject to the following restrictions and prohibitions on use: You may not (a) copy, print (except for the express limited purpose permitted by Section 4
above), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site
or any Content and Materials retrieved from it; (b) use the Site or any materials obtained from the Site to develop, of as a component of, any information,
storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for
commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) create
compilations or derivative works of any Content and Materials from the Site; (d) use any Content and Materials from the Site in any manner that may
infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (e) remove, change or obscure any copyright
bureau, the Internet or any other technology now existing or developed in the future; (g) remove, decompile, disassemble or reverse engineer any Site
software or use any network monitoring or discovery software to determine the Site architecture; (h) use any automatic or manual process to harvest
information from the Site; (i) use the Site for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes
use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile
transmissions; (j) use the Site in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations; and (k)
export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of
the United States.
Certain sections of, or offerings from, the Site may require you to register. If registration is requested, you agree to provide us with accurate, complete
registration and/or purchase information. Your registration must be done using accurate information. Each registration is for your personal use only. We
do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple
users on a network. You are responsible for preventing such unauthorized use.
7. Errors, Corrections and Changes.
While we take every effort to provide accurate up to date information as available to us, we do not represent or warrant that the Site will be error-free, free
of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the
Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time. We
reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.
8. Third Party Content.
Third party content may appear on the Site or may be accessible via links from the Site. We are not responsible for and assume no liability for any
mistakes, misstatements of law, defamation, omissions, falsehood, in the statements, opinions, representations or any other form of content on the Site.
9. Site/Course Content.
This site is copyrighted by The Susquehanna Group LLC and certain other copyright holders, external experts, contributors and bloggers, or other third
parties. We have taken every effort humanly possible to provide correct and complete information However, the content is provided “as is” without
warranty of any kind. Because of a ever changing world, neither we, nor any data suppliers make any warranty whatsoever as to the accuracy or
completeness of the content or the results to be obtained from using the information contained therein and neither we nor any data suppliers will be
responsible for any claims attributable to errors, omissions, or other inaccuracies in the information contained in the content. The entire risk for the results
and performance of the content is assumed by the user. Further, neither we nor any of our data suppliers make any representations or warranties, either
express or implied, with respect to the content, including, but not limited to, the quality, performance, merchantability or fitness for a particular purpose of
the content or any information contained therein. In no event will we or any data suppliers be liable for direct, indirect, special, incidental, or consequential
damages arising out of the use of or inability to use the content or for any loss or damage of any nature caused to any person as a result of that use.
Material contained in the content may not be duplicated or redistributed without the prior written consent of us and, if required, a third party copyright
10. Unlawful Activity.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not
limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary
or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party
suppliers of information and documents, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any
liability, loss, claim and expense related to your violation of this Agreement or use of the Site.
Your right to use the Site is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS,”
AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN, ERRORS,
PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY
INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 14(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR
AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR
LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY,
TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE
NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND
YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH
LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE
SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR
DOCUMENT IS DISCLAIMED.
14. Limitation of Liability.
(a) We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (1) any errors in or
omissions from the Site or any services or products obtainable therefrom, (2) the unavailability or interruption of the Site or any features thereof, (3) your
use of the Site, (4) the content contained on the Site, or (5) any delay or failure in performance beyond the control of a Covered Party.
(b)(1) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE
SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THAT
AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
15. Use of Information.
We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in
“Submission”) will forever be our property. We will not be required to treat any Submission as confidential, except as provided by state and federal law,
and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any
similarities that may appear in our future products, services or operations.
In compliance with the Children's Online Privacy Protection Act of 1998, Termark Technical Institute does not accept registrations from those under 13
years of age. By registering with AllBusiness.com, you represent that you are at least 13 years old.
16. Third-Party Services Bookstore Services and Affiliates
We may allow access to or advertise certain third-party product or service providers (“Merchants”) from which you may purchase certain goods or
services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of
order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that
use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR
OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO
CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY
INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
18. Disclosure Policy.
Our Disclosure Policy, as it may change from time to time, is a part of this Agreement
You represent and warrant that if you are purchasing something from us or from Merchants that (i) any credit information you supply is true and complete,
(ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including
any applicable taxes.
20. Links to other Web Sites.
The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites
are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or
endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
21. Information and Press Releases.
Our site, http://www.termark-tech.org contains information and press releases about us. We disclaim any duty or obligation to update this information or
any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being
provided or endorsed by us.
22. Legal Compliance.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the
Content and Materials provided therein.
23. Refund and Return Policy.
To the extent that you purchase any goods or services directly from us. Tuition fees once paid and the student is enrolled either electronically, by tele-fax
or in person will NOT be entitled to a refund.
Books. Lab Materials and other training materials purchased and unused may be returned to Termark Technical Institute for a refund within 10 days of
receipt. Items returned must be returned postage paid and in the same condition as received without any marks or damage of any kind. A 20% handling
fees will be imposed for any return. Please note, however, that certain products and services mentioned on our site are sold by third parties or are linked
to third party Web sites, and we have no responsibility or liability for those products or services. You may request a refund by contacting us.
This Agreement shall be treated as though it were executed and performed in Coral Springs, Broward County, Florida, and shall be governed by and
construed in accordance with the laws of the State of Florida (without regard to conflict of law principles). Any cause of action by you with respect to the
Site (and/or any information, Documents, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be
forever waived and barred. All actions shall be subject to the limitations set forth in Section 13 and Section 14. The language in this Agreement shall be
interpreted as to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against
the drafting party shall not apply in interpreting this Agreement. This Agreement and all incorporated agreements and your information may be
automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. If any provision of this agreement is held
illegal, invalid or unenforceable for any reason, that provision shall be enforced to the maximum extent permissible, and the other provisions of this
Agreement shall remain in full force and effect. If any provision of this Agreement is held illegal, invalid or unenforceable, it shall be replaced, to the extent
possible, with a legal, valid, and unenforceable provision that is similar in tenor to the illegal, invalid, or unenforceable provision as is legally possible. To
the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to
enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this
Agreement shall survive any termination of this Agreement. The title, headings and captions of this Agreement are provided for convenience only and
shall have no effect on the construction of the terms of this agreement.
Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by us relating to Site
operations and/or intellectual property, shall be settled solely by confidential binding arbitration in accordance with the commercial arbitration rules of
JAMS applicable at the time the arbitration commences. The arbitration shall be conducted in Broward County, Florida. Each party shall bear its own
attorneys' fees. Each party shall bear one-half of the arbitration fees and costs incurred through JAMS.