1. The Terms
1.1 ACCEPTANCE OF TERMS
Hands-On Seminars Inc. (“Hands-On Seminars”) is the owner and operator of the Hands-On Seminars Website located at www.handsonseminars.com (the “Hands-On Seminars Website”), among other websites owned and operated by Hands-On Seminars. This Terms of Use (the “Agreement”) governs access to and use of the Hands-On Seminars Website. Access to and use of the Hands-On Seminars Website is subject to Your acceptance of this Agreement. You agree to abide by all terms and conditions of this Agreement by Your accessing the Hands-On Seminars Website and/or by Your continued use of the Hands-On Seminars Website.
Please read the following, carefully bearing in mind that this Agreement must be read in conjunction with Hands-On Companies’ Privacy Policy.
1.2 RIGHT TO MODIFY TERMS
Hands-On Seminars reserves the right to modify the terms of this Agreement at any time at its sole discretion, and may post a notice of such changes. If and when the Agreement is modified, You will be subject to the terms of the modified Agreement, and by accessing the Hands-On Seminars Website, You agree to the terms of modified Agreement, without further notice.
1.3 TERM DEFINITIONS
1. “Hands-On Seminars Website” means the Hands-On Seminars Website accessible through the URL www.handsonseminars.com, among other websites owned and operated by Hands-On Seminars.
2. “Hands-On Seminars” means Hands-On Seminars Inc.
3. “Parties” means Hands-On Seminars and You, collectively.
4. “Party” means either Hands-On Seminars or You.
5. “User Account” means an account created by You on the Hands-On Seminars Website.
6. “You”, “Your”, and/or “User” means any individuals and/or entities visiting and/or otherwise accessing the Hands-On Seminars Website for any reason; said terms may be used interchangeably.
7. “Content” means all information, data, text, software, music, sound, photographs, graphics, videos, messages, tags, or other materials posted and/or otherwise displayed on, to, or at the Hands-On Seminars Website.
8. “Personal Information” means, without limitation, any information that identifies or describes an individual, including his or her name, professional licensing information, physical description, age, gender, home address, home telephone number, or education. Personal Information also includes statements made by, or attributed to, a User.
9. “Licensor” or “Licensors” means the individuals who have licensed their online lecture content exclusively to Hands-On Seminars.
2. Website
2.1 CONTENT OWNERSHIP
Hands-On Seminars is the owner of all Hands-On Seminars Content posted on or otherwise accessible at or via the Hands-On Seminars Website including logos, all designs, text, graphics, pictures, and information. You will have a limited one (1) year license (without the right to sublicense) to view the Content for Your educational, non-commercial use only. Any copying, reproduction, retransmission, or republication of all, or part, of any Content found on the Hands-On Seminars Website is expressly prohibited, unless Hands-On Seminars has expressly granted its prior written consent to so reproduce, retransmit, or republish the Content. Hands-On Seminars reserves all applicable rights in regard to the Content.
Hands-On Seminars may publish or transmit via the Hands-On Seminars Website any Content that is owned by third parties. Hands-On Seminars’ Licensors are the owners of their respective Intellectual Property found on the Hands-On Seminars Website. Any reproduction, retransmission, or republication of all or part of any document found on the Hands-On Seminars Website is expressly prohibited, unless the owner of the Content has expressly granted its prior written consent to reproduce, retransmit, or republish the material.
2.2 TRADEMARKS
You agree to grant to Hands-On Seminars a nonexclusive, nontransferable, revocable right to use and distribute Your logos and such additional or replacement buttons, logos, characters, or designs (the “Trademarks”) as Hands-On Seminars may request. You further agree to provide the Trademarks in a format required by Hands-On Seminars for any online or print promotions. Hands-On Seminars agrees to use the Trademarks solely in conjunction with the permitted forms of use under this Agreement. Use of the Trademarks does not give Hands-On Seminars any right, title, or interest in the Trademarks, other than the license rights granted herein. Hands-On Seminars may not assign, transfer, or sublicense any Trademark right granted herein without Your prior written consent.
2.3 COPYRIGHT COMPLAINTS
If You believe that any Content on the Hands-On Seminars Website infringes upon any copyright which You own or control, You or Your designee, acting as a “Complaining Party,” may send a notification of such claimed infringement to Hands-On Seminars to [email protected] Please include a description of the work that is allegedly being infringed, and where on the Hands-On Seminars Website the work may be found.
2.4 CONTENT AVAILABILITY
2.4.1 Individual Course
After purchasing a course, you will have access for one year. After one year, your access to the course will end. To regain access to the course, you will have to repurchase it.
2.5 TERMINATION
Hands-On Seminars reserves the right to terminate, block, or restrict your access to or use of the Hands-On Seminars website for any breach or violation of any term(s) of this Agreement, solely at the discretion of Hands-On Seminars.
3. User Accounts
3.1 USER RESPONSIBILITY
The Hands-On Seminars website requires a user to create a “User Account” in order to purchase a course – program. Users are wholly responsible for user content posted, displayed, transmitted, or otherwise made available on or via the user account.
3.2 ACCOUNTS AND PASSWORDS
In consideration of your use of the Hands-On Seminars Website, you acknowledge that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You agree to provide accurate, current, and complete information concerning you when providing information to, signing up with, registering for use of, or otherwise providing information to the Hands-On Seminars Website and maintain and promptly update the Registration Data to keep it true, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if Hands-On Seminars has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Hands-On Seminars has the right to suspend or terminate your access to the Hands-On Seminars Website and to refuse any and all current or future use of the Hands-On Seminars Website, or any portion thereof.
You must have your own password to access the Hands-On Seminars Website. You are not permitted to provide others access to Hands-On Seminars courses using your user name and password or another authorized user name and password. In the event that Hands-On Seminars discovers password sharing, we reserve the right to terminate or block your access to the Hands-On Seminars Website. You are responsible for all use of your password(s).
3.3 LINKING TO HANDS-ON SEMINARS
- Hands-On Seminars invites Users to link to our site. Linking to Hands-On Seminars must not improperly connote an affiliation with or an endorsement by Hands-On Seminars, or otherwise, interfere with the operation of the Hands-On Seminars Website. Any links should open in a new browser window.
- You must not place Hands-On Seminars Website pages in a “frame” within Your own website without explicit prior written permission from Hands-On Seminars.
- Although the Hands-On Seminars Website may include links providing direct access to other Internet sites, Hands-On Seminars assumes no responsibility for the content or information contained on such other sites and does not exert any editorial or other control over those other sites. Hands-On Seminars provides no warranties and explicitly disclaims any liability for any Content or other information provided on other sites.
4. Disclaimer
EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE CONTENT OF THE HANDS-ON SEMINARS WEBSITE (INCLUDING ALL HANDS-ON SEMINARS INTELLECTUAL PROPERTY, TEXT, MATERIALS, SOFTWARE, FUNCTIONS, SERVICES, AND INFORMATION MADE AVAILABLE HEREIN OR ACCESSED BY MEANS HEREOF) ARE PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF SUITABILITY FOR A PARTICULAR PURPOSE. HANDS-ON SEMINARS DOES NOT WARRANT OR GUARANTEE UNINTERRUPTED ACCESS TO THE HANDS-ON SEMINARS WEBSITE, OR ANY SITE LINKED TO THE HANDS-ON SEMINARS WEBSITE, AND RESERVES THE RIGHT TO DISCONTINUE COURSES OR TO CHANGE THE EXPIRATION DATE AT ANY TIME. UNDER NO CIRCUMSTANCES WILL HANDS-ON SEMINARS BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING WITHOUT LIMITATION ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE HANDS-ON SEMINARS WEBSITE, AND HANDS-ON SEMINARS MAKES NO GUARANTEES THAT THE CONTENT WILL BE ACCURATE, CURRENT, OR ERROR-FREE.
YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM USE OF THE HANDS-ON SEMINARS WEBSITE AND ANY INFORMATION ON THE HANDS-ON SEMINARS WEBSITE. HANDS-ON SEMINARS MAKES NO GUARANTEES ABOUT THE SUITABILITY OF ANY INFORMATION AND ITS SERVICES FOR ANY PURPOSE WHATSOEVER. HANDS-ON SEMINARS MAY PROVIDE PROGRAMS WITH EXERCISES RELATED TO YOUR CONDITION THAT YOU CAN PERFORM AT HOME. AS THERE IS A RISK OF INJURY WITH ANY ACTIVITY, USE CAUTION WHEN PERFORMING SUCH EXERCISES. IF YOU EXPERIENCE PAIN OR DISCOMFORT, IMMEDIATELY DISCONTINUE THE EXERCISES AND CONTACT YOUR CLINICIAN OR PHYSICIAN. BY VOLUNTARILY UNDERTAKING ANY EXERCISE IN A PROGRAM PROVIDED BY HANDS-ON SEMINARS, YOU AGREE THAT YOU ASSUME THE RISK OF ANY RESULTING INJURY. HANDS-ON SEMINARS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES OR LOSSES THAT MAY RESULT. THE INFORMATION AND CONTENT PROVIDED IN THIS COURSE ARE FOR INFORMATIONAL PURPOSES ONLY. HANDS-ON SEMINARS MAKES NO WARRANTIES REGARDING, AND BEARS NO LIABILITY FOR, YOUR USE OF THE INFORMATION AND CONTENT. NEITHER HANDS-ON SEMINARS NOR THE INSTRUCTOR ASSUMES ANY RESPONSIBILITY FOR ANY LOSS OR INJURY AND/OR DAMAGE TO PERSONS OR PROPERTY ARISING OUT OF THE USE OF THE MATERIAL CONTAINED IN OR RELATED TO THE ONLINE COURSE. IT IS THE RESPONSIBILITY OF THE TREATING PRACTITIONER, RELYING ON INDEPENDENT EXPERTISE AND KNOWLEDGE OF THE PATIENT, TO DETERMINE THE BEST TREATMENT AND METHOD OF APPLICATION FOR THE PATIENT.
HANDS-ON SEMINARS PROVIDES ACCREDITATION REQUIREMENTS AND STATE-APPROVAL INFORMATION REGARDING ITS COURSES ON A STATE-BY-STATE BASIS. THESE REQUIREMENTS CHANGE REGULARLY, AND AS SUCH, HANDS-ON SEMINARS SHALL NOT BE HELD LIABLE FOR ANY DAMAGES ARISING, DIRECTLY OR INDIRECTLY, FROM THE USE OF SUCH INFORMATION, INCLUDING DAMAGES ARISING FROM INACCURACIES, OMISSIONS, OR ERRORS. NO WARRANTY SHALL EXIST ON THE VALIDITY OF THE COURSE CERTIFICATES PROVIDED TO USERS UPON COMPLETION OF A COURSE. HANDS-ON SEMINARS DISCLAIMS ALL LIABILITY RESULTING FROM A STATE’S DENIAL OF A COURSE’S ACCREDITATION.
5. Limitation of Liability
IN NO EVENT SHALL HANDS-ON SEMINARS, ITS MEMBERS, OFFICERS, AFFILIATES, AGENTS, LICENSORS, EMPLOYEES, OR INTERNET SERVICE PROVIDER(S) (COLLECTIVELY, “REPRESENTATIVES”) BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION LOST REVENUE, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER THEORY OF LIABILITY. THE FOREGOING LIMITATION SHALL APPLY EVEN IF HANDS-ON SEMINARS OR ITS REPRESENTATIVES HAVE BEEN ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGE. HANDS-ON SEMINARS’ TOTAL LIABILITY IN ANY EVENT IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID FOR USE OF THE HANDS-ON SEMINARS WEBSITE, AND YOU HEREBY RELEASE HANDS-ON SEMINARS AND ITS REPRESENTATIVES FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THIS LIMITATION.
6. Billing
6.1 PAYMENT METHOD
You may purchase individual, live, or hybrid Courses. Should You choose to buy an individual Course, You expressly agree that Hands-On Seminars is authorized to charge You for each specific Course You purchase. A valid credit card is required to purchase an individual Course. Hands-On Seminars bills You through a secure online account for use of the Service. Your complete billing information is not stored on Hands-On Seminars’ servers. For Your protection, our secure payment gateway partner, Stripe, stores Your complete billing information.
You may purchase a course by check. Checks should be made payable to Hands-On Seminars Inc. and mailed to Hands-On Seminars Inc., 32-44 31st Street, Astoria, NY, 11106.
6.2 PAYMENT AMOUNTS
6.2.1 Individual Course Fees
Each course is priced individually. Please refer to each course description for fees.
6.3 FEE CHANGES
Hands-On Seminars may change the fees and charges in effect, or add new fees and charges from time to time, but Hands-On Seminars will give You advance notice of these changes.
7. Course Credit Policy
7.1 INDIVIDUAL COURSE SALES
Hands-On Seminars is committed to providing the highest quality online education for our users. In the event that Hands-On Seminars experiences circumstances that render the coursework or learning assessments unavailable to you for a significant period of time, you may choose one of the following:
- Extending the amount of time the course is available for the amount of time the course was unavailable.
- Receiving a replacement course of equal value to the unavailable course at no extra cost.
8. Cancellation
Please view our cancellation policy here.
9. Indemnification
You agree to indemnify and hold Hands-On Seminars and its Representatives harmless from any and all losses (including without limitation attorneys’ fees) resulting from any claims that may be asserted against You, You assert or may assert, based on or relating to Your use, or the use of any individual using Your password, of the Hands-On Seminars Website. You further agree to indemnify and hold Hands-On Seminars and its Representatives harmless from any and all losses resulting from claims of third parties, including without limitation attorneys’ fees, that result in whole or in part from violations by You, or any individual using Your password, of any of the terms of this Agreement.
10. Disputes
This Agreement shall be governed by the laws of the State of New York. In the event that litigation results from or arises out of this Agreement or the performance thereof, both parties agree to settle with a single arbitrator qualified by the American Arbitration Association. The Parties agree to reimburse the prevailing Party’s reasonable attorneys’ fees, arbitration costs, and all other expenses, whether or not taxable by the arbitrator as costs, in addition to any other relief to which the prevailing Party may be entitled.
11. Miscellaneous
11.1 Assignability
This agreement is personal to You, and You may not assign this Agreement or the rights and obligations thereunder to any third party or person.
11.2 Agreement
Binding on Successors The provisions of the Agreement shall be binding upon and shall inure to the benefit of the Parties hereto, their permitted heirs, administrators, successors, and assigns.
11.3 Waiver
No waiver by either Party of any default shall be deemed as a waiver of prior or subsequent default of the same or other provisions of this Agreement.
11.4 Severability
If any term, clause, or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause, or provision, and such invalid term, clause, or provision shall be deemed to be severed from the Agreement.
11.5 Survivability
The ownership and intellectual property rights and license provisions set forth in this Agreement, and any other provisions that by their sense and context the Parties intend to have survived, shall survive the termination of this Agreement and any obligations hereunder for any reason.
