Terms of Registration
1. General Conditions and Definitions
This Terms of Registration agreement (“Terms of Registration”) describes the terms of your registration and payment for a training program through the website www.elevatedsafety.com (the “Site”), owned by Elevated Safety, LLC, an Illinois limited liability company, (referred to hereafter as “we” or “us” or “Company”). When you register for a training program via the Site, you (“you” or “Customer”) agree to be bound by these Terms of Registration. Minors under the age of 18 may not register for a training program via this Site. Anyone registering for a training program with Company represents that he or she is 18 years of age or older.
2. Availability and Pricing
Company offers many training programs related to work-at-height activities. Some of Company’s training programs are available for registration through this Site, and some are available only through personal arrangement with Company. If you wish to arrange a training program for a group or wish to personalize a training program, please contact Company at 847.975.0933 or email@example.com. All prices for training programs available through this Site are shown in U.S. dollars, and prices are subject to change without notice.
Payment for your program registration must be made through PayPal, or another method approved by us, although you will not need to establish a PayPal account. You may use only valid credit cards to pay for your order. By submitting your order, you represent and warrant that you are authorized to use the designated card and authorize us to charge your order to that card. If the card cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically.
4. Confirmation of Registration and Release of Liability
Work-at-height activities in any form are inherently dangerous and carry a significant risk of injury or death that cannot be eliminated. After registering and paying for a training program via this Site, you must download a Release of Liability and Assumption of Risk Agreement from this Site, sign the form, and send the form to Company via email [firstname.lastname@example.org], fax, or in person. Upon receipt of your signed Release and confirmation of credit card payment, Company will email a registration confirmation to you. If there is any conflict between these Terms of Registration and the Release of Liability and Assumption of Risk Agreement, the provisions of the Release of Liability and Assumption of Risk Agreement shall control.
We attempt to be as accurate as possible and eliminate errors on the Site, but we do not warrant that any description, pricing, or other information is complete, reliable, current, or error-free. In the event of an error, whether on the Site, in a registration confirmation, in processing a registration, or otherwise, we reserve the right to correct such error and revise your registration accordingly if necessary (including charging the correct price) or to cancel the registration and refund any amount charged. Your sole remedy in the event of such error is to cancel your registration and obtain a refund.
6. Training Program Equipment
Company will provide some of the training program equipment. There is also some minimal specialized personal equipment that each participant is required to bring to a Company training program. For a list of required personal program equipment, please see the specific training program description. It is your responsibility to bring the personal equipment listed to the training program location. Each participant will also need specific technical equipment for the training program. For a list of required technical equipment, please see the specific training program description. You may bring your own technical equipment or may opt to have Elevated Safety supply the technical equipment for your use during the training program at no additional charge. You agree that you are solely responsible for the integrity and proper functioning of the personal and technical equipment that you bring to and use during a training program.
7. Customer Cancellation and Refund Policy
If you cancel a registration for a training program after registering and paying for the program, Customer shall pay Company a cancellation fee unless Company agrees in writing to waive such cancellation fee. To cancel your registration, you must send a written request via email to email@example.com or via U.S. postal mail to the following address: Elevated Safety, LLC / 1800 W. Grace, Ste 511 / Chicago, IL 60613. If written cancellation is received by Company fifteen (15) or more calendar days before the start of the registered training program, Customer may for a $100.00 cancellation fee either register for another training program or receive a full refund of the amount Customer paid for the training program (less the $100.00 cancellation fee). If written cancellation is received by Company more than seven (7) but less than fifteen (15) calendar days before the start of the training program, Company will refund 50% of the training program price. If written cancellation is received by Company seven (7) or fewer days before the start of the training program, Customer will forfeit the full training program price. All refunds will be processed through PayPal, and refunded amounts will be credited to the same credit card used to pay for the training program.
8. Force Majeure
Company shall not be liable for any delay or failure to perform its obligations to Customer in whole or in part due directly or indirectly to any circumstances beyond Company’s control, including, without limitation, war, terrorism, riot, flood, act of God, court order, governmental action, or fire. If Company cancels a training program for which you are registered due to weather or any factor outside of Company’s control, Company will reschedule you for another program or, if you prefer, refund your registration payment.
9. Company Cancellation, Disclaimer of Warranty, and Limitation of Liability
Company has the right to cancel a training program if there is insufficient enrollment or for any other reason. If company cancels a training program for which you are registered for a reason other than a force majeure, company will reschedule you for another program or, if you prefer, refund your registration payment. Your sole and exclusive remedy, and company’s sole and exclusive liability, for any company cancellation of a program for a reason other than force majeure shall be your right to reschedule your registration for another training program or receive a refund of the price you paid for the cancelled training program. In no event shall company be liable for special, indirect, incidental, consequential, or punitive damages, even if it has been advised of the possibility of such damages, nor shall the aggregate liability of company, whether in contract, warranty, tort (including negligence, whether active, passive, or imputed), or other theory, arising out of or relating to these terms or the registration and payment for a training program through the site exceed the price of the training program. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
10. Intellectual Property
Any training materials or manuals provided by Company as part of a training program may be copyrighted. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Company or the copyright owner.
You agree to defend, indemnify, and hold harmless Company, its affiliates, and their respective members, directors, officers, employees, and agents from and against all claims and expenses, including attorney fees, arising out of your registration and payment for a training program through this Site.
12. Dispute Resolution
You agree that these Terms of Registration shall be interpreted under the laws of the State of Illinois without reference to its conflict of laws provisions. You agree that courts within Cook County in the State of Illinois will have exclusive jurisdiction over all disputes between the parties arising out of or relating to these Terms of Registration. You hereby consent and agree to submit to the jurisdiction of and venue in such courts and waive any argument of forum non conveniens.
13. Waivers, Section Headings, and Severability
No waiver by Company of any breach or default of these Terms of Registration shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used in these Terms of Registration are for convenience only and are in no way intended to describe, interpret, define, or limit the scope, extent, or intent of these Terms of Registration. If a provision of these Terms of Registration or the application thereof to any person or circumstance shall be invalid, illegal, or unenforceable to any extent, the remainder of these Terms of Registration and the application thereof shall not be affected and shall be enforceable to the fullest extent permitted by law.
14. Updates to Terms of Registration
Company may update or change these Terms of Registration from time to time by posting the revised Terms of Registration on the Site. The revised Terms of Registration are effective immediately upon posting. You agree to be bound by any such revisions. You should periodically visit this page to determine the current terms of our Terms of Registration.
15. Contacting Us
If you have any questions about this Site Use Agreement or its use by you or others, you may contact us at any time by email [firstname.lastname@example.org].