Legal Notices and Privacy
Terms and Conditions
Welcome to www.trainandcert.com (the “Site”). This page (“Notice”) states the terms and conditions of the Site. Please review this Notice carefully. By accessing, browsing, or using the Site (“Use”), all users and viewers (“You,” “you,” “User,” or “user”) acknowledge acceptance of the terms and conditions listed in this Notice. If you do not accept the terms and conditions listed in this Notice, please do not use the Site. BY BROWSING THIS SITE, YOU ACCEPT THE TERMS AND CONDITIONS STATED BELOW IN A LEGALLY BINDING MANNER.
365 Training and Certification and its subsidiaries reserve the right to update this Notice from time to time in its sole discretion. You should review this Notice periodically for updates and changes.
The Site and any related services are available to you, provided that you can form legally binding agreements under applicable law. The Site is not available to minors. If you are a minor, please do not use the Site.
All materials displayed or made available on the Site, including, but not limited to, graphics, documents, text, images, sound, video, audio, artwork, software, and HTML code (collectively, the “Material”) are exclusive property of 365 Training and Certification or its content suppliers. The Materials are protected by U.S. and international copyright laws and any other applicable intellectual property rules, regulations, and laws. Except as expressly permitted herein, you shall not (i) use, copy, modify, display, delete, distribute, download, store, reproduce, transmit, publish, sell, re-sell, adapt, reverse engineer, or create derivative works of the Material, or (ii) use the Material on other web sites or any media, e.g., networking environment, without 365 Training and Certification prior written consent. All trademarks, service marks, and logos (the “Marks”) displayed on the Site are exclusive property of 365 Training and Certification and their respective owners. You shall not use the Marks in any manner without 365 Training and Certification and their respective owners’ prior written consent.
4. GENERAL PROHIBITION
In connection with your use, you agree NOT to:
1. violate any local, state, and federal rules, regulations and statutes, including, but not limited to, U.S. export laws and regulations, anti-discrimination, or equal opportunity employment laws;
2. infringe any intellectual property and privacy rights, including, but not limited to, patent, copyright, trademark, or trade secrets, of any third party;
3. upload, post, transmit, or store any material that:
1. is unlawful, offensive, defamatory, fraudulent, deceptive, misleading, harmful, threatening, harassing, obscene, or objectionable;
2. breaches any of your contractual or confidentiality obligations;
3. disrupts or interferes with the normal operations of the Site, such as posting or transmitting viruses, continuous posting of repetitive materials, or posting abnormally large load; or
4. are not permitted by 365 Training & Certification, including, but not limited to, any unauthorized advertising materials, unsolicited promotional materials, “junk mail,” “spam mail,” “chain letters,” pyramid schemes, franchises, distributorship, club membership, sales arrangement, or otherwise unacceptable materials;
4. violate other’s privacy rights or personal rights by abusing the Materials, including, but not limited to, harassing or “stalking” another person, sending unsolicited e-mails, and collecting other’s personal information;
5. breach or attempt to breach any security measures of the Site;
6. use any device, process, or mechanism to monitor, retrieve, search, or access, e.g., spider or robot, the Site or any Material without 365 Training and Certification’s prior written consent;
7. access or attempt to access any account or login of any third party listed on the Site;
8. copy, modify, reproduce, delete, distribute, download, store, transmit, sell, re-sell, publish, reverse engineer, or create derivative works of any Materials, except for materials that have been submitted and owned by you;
9. post or submit any inaccurate, false, or incomplete information, such as your resume, biographical data, or employment information;
10. impersonate any person or entity;
11. forge any header information in any electronic posting or mail; or
12. misrepresent yourself, your affiliation with any third party, or your entity.
5. ACCOUNT AND PASSWORD
The Site may present you with opportunities to open an account with the Site. It is your sole responsibility to (a) maintain the confidentiality of your account logon and password; (b) frequently update and revise your password; and (c) promptly notify 365 Training and Certification if there is any unauthorized use of your account or any breach of security.
6. LINKS TO THIRD PARTY
The Site may have links, such as hyperlinks or buttons, directing access to third party’s web sites (“Linked Sites”). The Linked Sites may not be controlled or monitored by 365 Training and Certification. 365 Training and Certification shall not be responsible for any materials, information, or content posted on the Linked Sites. The inclusion of the Linked Sites on the Site does not imply any relationship or association between 365 Training and Certification and the owner of the Linked Sites or any endorsement or sponsorship by 365 Training and Certification of the Linked Sites. 365 Training and Certification includes the Linked Sites solely for your convenience. You are solely responsible for your access of the Linked Sites. You shall use your own judgement, caution, and common sense in using the Linked Sites.
Collections and Uses of Personal Information
When you use or register with the Site, we may ask for certain Personal Information. The categories of Personal Information we may request include your name and contact information (email, address and phone number). Depending on the nature of your inquiry or activities on the Site, we may also ask for your job search criteria and preferences, your employment experience, educational history, your skills, references information, background information, and other information contained in your resume, and any login ID and password created by you. The Site also utilizes cookies to track your online activities, including, but not limited to, registration, submissions, and information requests. After your successful registration with the Site, you will be able to access, review and change your Personal Information provided by you through the Review Profile feature of the Site. We use Personal Information and other data collected through the Site to register you with the Site, to provide you with information regarding employment opportunities and career-related information, and to otherwise provide you with requested information or services. We may also from time to time use your Personal Information to send you automated email messages regarding our services, including employment information. You may opt out of receiving such email messages by updating your profile at any time.
Disclosures of Personal Information
We will disclose information to our clients where necessary and appropriate in connection with the provision of staffing services.
We may disclose information to companies and individuals we employ to perform business functions and services on our behalf. Such functions may include, for example, hosting our Web servers, analyzing data, providing legal, accounting and marketing services.
We may disclose information to the extent necessary or appropriate to government agencies, advisors, and other third parties in order to comply with applicable laws, the service of legal process, or if we reasonably believe that such action is necessary to (a) comply with the law requiring such disclosure; (b) protect the rights or property of 365 Training and Certification or its affiliated companies; (c) prevent a crime or protect national security or (d) protect the personal safety of the users or the public
You agree to indemnify, defend, and hold 365 Training and Certification, its parents, subsidiaries, affiliates, officers, directors, agents, employees, harmless from any claims or demands of any third party, including, but not limited to, attorneys’ fees and legal fees, resulting from or arising out of your Use of the Site, your Submitted Materials, or your violation of any terms and conditions of this Notice.
YOU ACKNOWLEDGE AND ACCEPT THAT: (A) YOU ASSUME ALL RISKS RELATED TO OR RESULTING FROM YOUR USAGE, VIEWING, OR ACCESS OF THE SITE. THE SITE IS PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS. (B) 365 Training and Certification EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE. (C) 365 Training & Certification EXPRESSLY DISCLAIMS ALL WARRANTIES THAT (I) THE SITE AND ITS MATERIALS WILL BE ERROR-FREE OR VIRUS-FREE; (II) THE SITE WILL BE UNINTERRUPTED AND SECURE; (III) THE SITE WILL BE UNINTERRUPTED AND AVAILABLE AT ALL TIMES; (IV) THE SITE WILL MEET YOUR REQUIREMENTS; AND (V) THE RELIABILITY, ACCURACY, COMPLETENESS, VALIDITY, OR TRUTHFULNESS OF ANY SUBMITTED MATERIALS.
The information presented on this website has been compiled from many city, county and state sources and documents believed to be reliable and represents the best professional judgment of the 365 Training and Certification. The accuracy of the information presented, however, is not guaranteed, nor is any responsibility assumed or implied, 365 Training & Certification, and/or any other individual or entity, as applicable for any damage or loss resulting from inaccuracies or omissions.
Although this website includes links providing direct access to other websites, 365 Training & Certification takes no responsibility for the content or information contained on those other sites, and does not exert any editorial or other control over those other sites.
All downloadable files are distributed on an “as is” basis without warranties of any kind, express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose, and downloading and/or using the files is at the user’s sole risk.
10. LIABILITY AND LIMITATIONS OF LIABILITY
YOU AGREE TO ASSUME ALL RISKS ASSOCIATED WITH, ARISING OUT OF, OR RESULTING FROM YOUR USE OF THE SITE OR ANY SUBMITTED MATERIALS, INCLUDING, BUT NOT LIMITED TO, THE RISKS OF FINANCIAL LOSS, PHYSICAL HARM, PROPERTY DAMAGES, DEALING WITH OTHER USERS OF THE SITE, STRANGERS, MINORS, OR FOREIGN NATIONALS, AND PERSONS ACTING UNDER FALSE PRETENSE. YOU FURTHER AGREE TO RELEASE Pro Quarry, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, DEMANDS, DAMAGES (DIRECT, INDIRECT, AND CONSEQUENTIAL) OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, ASSOCIATED WITH, ARISING OUT OF, OR RESULTING FROM YOUR USAGE OF THE SITE, YOUR SUBMITTED MATERIALS, ANY TRANSACTIONS RELATED TO OR RESULTING FROM YOUR USE OF THE SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE Â§1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” YOU FURTHER UNDERSTAND AND AGREE THAT IN NO EVENT 365 Training & Certification, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, AND SUPPLIERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, REVENUE, DATA, OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT, OR BREACH OR FAILURE OF WARRANTY, EVEN IF 365 Training & Certification HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT SOME JURISDICTIONS PROHIBIT THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OF LIABILITY, OR THE DISCLAIMER OF CERTAIN DAMAGES, 365 Training and Certification’s AGGREGATE LIABILITY FOR ANY DAMAGES SHALL NOT EXCEED U.S. $10.
You agree that there is no employment, partnership, agency, or joint venture relationship between you and 365 Training and Certification arising out of or resulting from your Use of the Site. This Notice constitutes the entire agreement between you and 365 Training and Certification governing your Use of the Site and is additional to any binding agreement between you and 365 Training & Certification. This Notice is governed by the laws of the State of Texas, United States of America, without giving effect to any principles of conflict of laws. 365 Training &and Certification does not warrant that this Site will be lawful outside the United States. If you view, access, submit, or download materials to and from the Site outside the United States, you will be solely responsible for all your actions and assume all risks. You may not use or export any Materials or make any copy or adaptation in violation of any application laws, rules, or regulations, including, but not limited to, U.S. export laws and regulations. The failure or delay by either party to enforce the terms of this Notice shall not be deemed as a waiver of such term.
All materials posted on this website are subject to copyrights owned by the 365 Training and Certification. Nothing on this website, including the names, service marks and logos of the 365 Training and Certification may be reproduced, stored in a retrieval system, modified, made available on a network, used to create derivative works, or transmitted in any form or by any means electronic, mechanical, photocopying, recording, scanning, or otherwise except (1) as permitted under Sections 107 and 108 of the 1976 United States Copyright Act, or (2) as expressly authorized on this website, or (3) without prior written permission of the 365 Training and Certification, as appropriate. No permission is granted herein to use 365 Training and Certification icons, site address, or other means to link other websites with any page in this website.
Revisions to the Policy
365 Training and Certification
P.O. Box 1801
Bastrop, TX 78602
Owner: Mark Baranowski