Last updated: October 12, 2019
Terms and Conditions for the Online Sale of Goods and Services
1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH THE CEMENT INSTITUTE, LLC, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
These terms and conditions (these “Terms”) apply to the purchase and sale of products and services through www.thecementinstitute.com (the “Site”). These Terms are subject to change by The Cement Institute, LLC (referred to as “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms prior to purchasing any product or services that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
2. Order Acceptance and Cancellation
You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation e-mail with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between The Cement Institute and you will not take place unless and until you have received your order confirmation e-mail. You have the option to cancel your order at any time before we have sent your order confirmation e-mail by calling us at 610-333-3989 or emailing us at email@example.com.
3. Prices and Payment Terms
(a) All prices posted on this Site are subject to change without notice. The price charged for a product or service, e.g. a course or seminar offered by The Cement Institute, will be the price in effect at the time the order is placed and will be set out in your order confirmation e-mail. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes, charges for shipping and handling, transportation or lodging unless specifically indicated in the invoice you receive from us. All such taxes and charges, if included, will be added to your purchase total and will be itemized in your shopping cart and in your order confirmation e-mail/invoice. We are not responsible for pricing, typographical or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
(b) Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
4. Shipments; Delivery; Title and Risk of Loss
(a) In the event you register for a service provided by The Cement Institute and such service includes the delivery of training materials to you, we will arrange for shipment of any training materials to you. Please check the individual service page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.
(b) Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
5. Cancellation and refunds
You may cancel your registration for a course or seminar provided by The Cement Institute at any time prior to the start of the course or seminar, subject to the following refund policy: we will provide you a full refund if you cancel your registration 61 or more days prior to the start of the course or seminar; we will provide you with a 50% refund for cancellations 31-60 days prior to the start of the course or seminar; and, there will be no refund for cancellations occurring 30 or less days prior to the start of the course or seminar. To cancel your registration products, you must call 610-333-3989 or e-mail us at firstname.lastname@example.org.
You are responsible for all shipping and handling charges on returned training materials. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection.
Refunds are processed within approximately three business days of our receipt of your cancellation notice. Your refund will be credited back to the same payment method used to make the original purchase on the Site.
6. No express guarantees
THE CEMENT INSTITUTE IS ENGAGED IN PROVIDING OUR CUSTOMERS TRAINING AND EDUCATION SERVICES IN THE FIELD OF CEMENT MANUFACTURE. DUE TO THE EDUCATIONAL NATURE OF OUR SERVICES, WE DO NOT GUARANTEE THE EFFECTIVENESS OR ANY RESULTS FROM THE PRACTICES WE INSTRUCT. YOU UNDERSTAND ANY RESULTS DISCUSSED BY US ARE FOR EXEMPLARY PURPOSES ONLY.
7. Limitation of Liability; Assumption of Risk
YOU HEREBY ACKNOWLEDGE YOUR UNDERSTANDING OF THE INHERENT DANGERS AND RISKS INVOLVED WITH THE MANUFACTURE OF CEMENT. IN THE EVENT YOU CHOOSE TO IMPLEMENT PRACTICES TAUGHT BY US, YOU ARE TAKING SUCH ACTIONS AT YOUR OR YOUR AGENTS’ OWN RISK. WE WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT CAUSED BY YOUR IMPLEMENTATION OF OUR METHODS OR PROCEDURES.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
8. Intellectual property
All program techniques and materials (online and print), content, code, software, data, videos, and session transcripts, copyrights, trademark rights and other intellectual and property rights used in or related to your program are the exclusive property of The Cement Institute. You agree not to disclose, reproduce, sell or distribute to any third party any information, written or spoken, including course materials, obtained from The Cement Institute in connection with The Cement Institute’s courses or tutoring programs, without the written permission of The Cement Institute. Without limiting the foregoing, you further agree not to share your online The Cement Institute password, if one is created for you, or to otherwise allow any other person to use The Cement Institute online resources purchased by you. To the extent you need to download software or documentation to access services or materials in connection with your program, The Cement Institute grants you a limited, non-assignable, non-transferrable, revocable license to use such services and materials solely for use with your purchased program or services and only for your personal, non-commercial use. Such license will terminate when your program, course, plan or other service expires or otherwise terminates.
9. Force Majeure
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
10. Governing Law and Jurisdiction
All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the Commonwealth of Pennsylvania without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Pennsylvania or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the Commonwealth of Pennsylvania.
11. Dispute Resolution and Binding Arbitration
(a) YOU AND THE CEMENT INSTITUTE ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
(b) The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the ”AAA Rules”) then in effect, except as modified by this Section 11. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
(c) You agree to an arbitration on an individual basis. In any dispute, YOU WILL NOT BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 12 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
13. No Waivers
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of The Cement Institute.
14. No Third-Party Beneficiaries
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
(a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the e-mail address you provide or (ii) by posting to the Site. Notices sent by e-mail will be effective when we send the e-mail and notices we provide by posting will be effective upon posting. It is your responsibility to keep your e-mail address current.
(b) To Us. To give us notice under these Terms, you must contact us as follows: (i) by e-mail transmission to email@example.com; or (ii) by personal delivery, overnight courier or registered or certified mail to 17 State Street, 4000, New York, NY 10004. We may update the e-mail address or street address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
17. Entire Agreement