PLEASE REVIEW THIS DOCUMENT CAREFULLY BECAUSE IT AFFECTS YOUR RIGHTS.
Welcome to capitaltrainingcenter.com. (Hereafter sometimes referred to as "Service"), operated by Capital Training Center. (hereafter sometimes referred to as "Service Provider", "us," or "our"). By using the Capitaltrainingcenter.com website (the "Website") you agree to be bound by these Terms of Use (this "Agreement"). If you wish to become a Subscriber and make use of the Capital Training Center service (the "Service"), please read these Terms of Use. If you object to anything in this Agreement or the Capital Training Center Privacy Policy, do not use the Website or the Service. This Agreement is subject to change by Capital Training Center at any time, effective upon posting on the Website, and your use of the Service after such posting will constitute acceptance by you of such changes. These terms of service govern the relationship between you and Capital Training Center.
Electronic Agreement.
This Agreement is an electronic contract that sets out the legally binding terms of your use of and your relationship to the Service. This Agreement may be modified by Capital Training Center from time to time, such modifications to be effective upon posting by Capital Training Center on the Capital Training Center Website. This Agreement includes Capital Training Center's Privacy Policy, and any notices regarding the Website. By accessing the Website or becoming a Registrant or Subscriber, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein.
Electronic Form.
By accessing the Website or becoming a Registrant or Subscriber, you consent to have this Agreement provided to you in electronic form. In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must have all the equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it to into any word processing program. You have a right to a paper copy of this Agreement.
Description of the Service.
Capital Training Center is a service that provides users with access to a rich collection of resources, including but not limited to training etc. You also understand that the Service may include certain communications from us, such as service announcements, administrative messages and survey invitations and that these communications are considered part of subscriptions. Unless explicitly stated otherwise, any new features which augment or enhance the current Service, including the release of new features and properties, shall be subject to this Agreement. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). Additionally, you must provide and are responsible for all equipment necessary to access the Service.
Beta Services.
From time to time, new features may be added to Capital Training Center which might be described as "beta" ("Beta Features"). Registrants and Members acknowledge that Beta Features may be untested, non-functional, and/or partly functional features of the Service. If you elect to use a Beta Feature, you do so at your own risk. NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT TO THE CONTRARY, CAPITAL TRAINING CENTER DOES NOT WARRANT THAT THE BETA FEATURES WILL BE PROVIDED WITH DUE CARE. Do not rely on the Beta Features for any purpose whatsoever. Beta Features may harm and/or interrupt the regular running of your software and/or hardware. Beta Features will be considered part of the Service and all provisions of this Agreement relating to the Service will apply to the Beta Features.
Proprietary Rights.
Capital Training Center owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of Capital Training Center. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
No Resale or Redistribution of Service.
Except as expressly authorized by Capital Training Center, you agree not to reproduce, duplicate, copy, sell, trade, resell, modify, create derivative works, or exploit for any commercial purposes, any portion of the Service or the Software, use of the Service, or access to the Service or computer code that powers the Service (hereafter sometimes "Software").
Copyright Abuse.
We respond expeditiously to notices of claimed copyright infringement and terminate users or account holders who are "repeat infringers." Pursuant to the Digital Millennium Copyright Act, we respond to notices of copyright infringement if they conform to the requirements of 17 USC 512(c) by including the following information:
a.
The signature of a person authorized to act on behalf of the owner of the infringed copyright;
b.
Identification of the copyrighted work or works claimed to have been infringed;
c.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed;
d.
Information reasonably sufficient to permit the us to contact you (e.g., the address, telephone number, or email address);
e.
A statement that you have a good faith belief that use of the material is not authorized by the copyright owner; and
f.
A statement signed under penalty of perjury, that information in the complaint is accurate and that the complaining party is authorized to act on behalf of the copyright owner.
Notices must be sent to Capital Training Center 1901 N Fort Myer Drive, Suite 1016, Arlington, VA 22209 or via email to training.coordinator@capitaltrainingcenter.com
Account Access.
You must provide your legal full name, a valid email address, and any other information requested in order to complete registration process. You must provide a valid email address to become a Registrant. Your login may only be used by one person. A single login shared by multiple people is not permitted. You are responsible for maintaining the security of your account and password. Capital Training Center cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
Age Requirements.
This website's content is intended for adults and we will not knowingly collect personal information from children under 13 years of age. If you are a parent or legal guardian of a child under age 13 who you believe has submitted personal information to this site, please contact us at training.coordinator@Capitaltrainingcenter.com immediately. You must be at least eighteen (18) years of age to subscribe to Capital Training Center. Use of the Service is void where prohibited. By using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
Unauthorized Users.
You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
Unauthorized Uses.
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service or Capital Training Center. You may not reverse engineer or reuse source code that is in public view. This includes any and all javascript. The code is Capital Training Center's copyright. You shall not transmit any worms or viruses or any code of a destructive nature. You agree neither to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Capital Training Center for use in accessing the Service. You acknowledge that the Service is not intended for permanent storage and agree not to use the Service for archiving or back-up purposes. If Capital Training Center determines, in its sole discretion, that you are violating any of these Terms, we may use technical measures to block or restrict your access or use of the Services.
User Spam.
Capital Training Center may provide a facility that enables users to send email messages / private messages to others. Users must not use this facility to send unsolicited, bulk or indiscriminate messages, whether or not for commercial purposes. Only messages for the purpose of business collaboration are allowed.
Receipt of Unwanted Messages.
In the unlikely event that you receive any message from Capital Training Center or sent using Capital Training Center's systems that may be considered to be spam, please contact Capital Training Center at training.coordinator@capitaltrainingcenter.com and the matter will be investigated.
Blocking of IP Addresses.
In order to protect the integrity of the Service, Capital Training Center reserves the right at any time in its sole discretion to block Registrants and Members from certain IP addresses from accessing the Website.
Please note that the Subscription Policies that are disclosed to you in subscribing to the service are deemed part of this Agreement.
Further, Capital Training Center may change Service features and functionality from time to time. For purposes of this Agreement the term "Member" includes all paying subscribers, regardless of renewal term or price level, unless where its usage indicates otherwise. The Subscription Fee is payable in United States dollars (including, if any, all applicable taxes).
Subscriptions; Charges on your Billing Account.
b.
Payment Method. A valid credit card or other allowed payment type is required to subscribe to the Service. Payment is made to Capital Training Center through Paypal. Your complete billing information is not stored on Capital Training Center servers. You agree to make payment using that selected Payment Method. Capital Training Center reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
h.
Cancellation. You may cancel your account at any time by contacting us
(/contact).
If you are a Registrant, all of your Content (text and files) will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled. If you are a Subscriber and cancel your Subscription prior to the end of the Subscription Period, then Capital Training Center will terminate your access to the Service and delete all your Content (text and files) at the end of the subscription period, and cease billing you for the Service for the consequent Subscription Periods. However, you remain responsible for all charges incurred prior to Capital Training Center terminating access to your account.
i.
Collection. Members will pay on all amounts past due, that have not been disputed specifically in writing and in reasonable good faith, an interest charge of one and one-half percent (1.5%) per month computed from the due date of each payment, or the maximum rate permitted by law. Member will be liable for attorneys' fees and collection costs arising from Capital Training Center's efforts to collect unpaid balances.
Modifications to Service.
Capital Training Center reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Capital Training Center shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Reliance on Content, Advice, Etc.
Any content that may be posted on the Website is for informational and entertainment purposes only and is not intended to replace or substitute for any professional, financial, legal, or other advice. If you have specific concerns or a situation arises in which you require professional advice, you should consult with an appropriately trained and qualified specialist. Capital Training Center does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website. Under no circumstances will Capital Training Center be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any Members.
DISCLAIMER OF WARRANTIES.
THE WEBSITE AND THE SERVICE ARE PROVIDED "AS-IS" AND ON AN "AS-AVAILABLE" BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, Capital TRAINING CENTER, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND OTHER PARTNERS AND EMPLOYEES, EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF TITLE AND NON-INFRINGEMENT. Capital TRAINING CENTER CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF THE WEBSITE AND/OR SERVICE. SPECIFICALLY, BUT NOT BY WAY OF LIMITATION, Capital TRAINING CENTER DOES NOT WARRANT RECOVERY OF DATA RESULTING FROM DELAYS OR SERVICE INTERRUPTION CAUSED BY Capital TRAINING CENTER'S OR YOUR NEGLIGENCE, ERRORS AND OMISSIONS. Capital TRAINING CENTER SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY, MARKETABILITY OR QUALITY OF ANY OF THE INFORMATION OBTAINED AND/OR SERVICES PROVIDED UNDER THIS AGREEMENT. YOU AGREE THAT YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF ANY WEBSITE CONTENT AND SERVICES, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT. IN THIS REGARD, YOU ACKNOWLEDGE THAT YOU MAY NOT RELY ON ANY CONTENT CREATED BY Capital TRAINING CENTER OR SUBMITTED TO Capital TRAINING CENTER. USE OF THE WEBSITE AND THE SERVICES MAY RESULT IN TECHNICAL MALFUNCTION, DELAY, MISDELIVERY, OR OTHER PROBLEMS WITH OTHER SYSTEMS, PROGRAMS, OR COMPUTER HARDWARE. Capital TRAINING CENTER CANNOT AND DOES NOT GUARANTEE COMPATIBILITY WITH OTHER SYSTEMS AND HARDWARE.
Third-Party Content.
Certain content, Products, and services available via the Service may include materials from third parties. In addition, Capital Training Center may provide links to certain third-party Websites. You acknowledge and agree that Capital Training Center is not responsible for examining or evaluating the content or accuracy of any such third-party material or Websites. Links to other Websites are provided solely as a convenience to you. Because Capital Training Center has no control over such sites and resources, you acknowledge and agree that Capital Training Center is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that Capital Training Center is not in any way responsible for any such use by you.
LIMITATION OF LIABILITY.
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL CAPITAL TRAINING CENTER, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND OTHER PARTNERS AND EMPLOYEES, BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Capital TRAINING CENTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM YOUR INABILITY TO ACCESS OR OBTAIN ANY GOODS, DATA, INFORMATION OR SERVICES THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (V) ANY CONTENT POSTED ON THE WEBSITE OR TRANSMITTED TO REGISTRANTS OR MEMBERS; (VI) ANY INACCURATE OR OUT-OF-DATE CONTENT PRODUCED BY THE TOOLS OR PUBLISHED IN THE GUIDES OR WEBSITE; (VII) ANY OTHER MATTER RELATING TO THE SERVICE. NOTHWITHSTANDING ANY PROVISION TO THE CONTRARY, Capital TRAINING CENTER'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO CAPITAL TRAINING CENTER IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIMED INJURY OR DAMAGE.
Disclaimers and Limitations.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers of warranties may not apply to you to the extent such jurisdiction's law is applicable to you and these terms.
Indemnity by You.
You agree to indemnify and hold Capital Training Center, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties and/or your negligent or willful acts, and/or the violation by you of Capital Training Center's or any third party's rights, including without limitation privacy rights, other property rights, trade secret, proprietary information, trademark, copyright, or patent rights, and claims for libel slander, or unfair trade practices in connection with the use or operation of the Service. Your obligation to indemnify will survive the expiration or termination of this Agreement by either party for any reason.
No Third Party Beneficiaries.
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
Interstate Nature of Communications on Capital Training Center Network.
When you register or subscribe with Capital Training Center , you acknowledge that in using Capital Training Center services to send electronic communications (including but not limited to search queries, sending messages to the knowledge base, uploading files and photos, and other Internet activities), you will be causing communications to be sent through Capital Training Center's computer networks located in various locations in the United States. As a result, and also as a result of Capital Training Center's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. According, by agreeing to this Agreement, you acknowledge that use of the service results in interstate data transmissions.
Export Control.
Each party agrees that it will comply with all applicable export control laws and regulations with respect to the Deliverables.
Term.
This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may cancel your Subscription at any time, for any reason. Capital Training Center may terminate your Subscription by sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to Capital Training Center. If Capital Training Center terminates your membership in this Service because you have breached this Agreement, you will not be entitled to any refund of unused Subscription Fees. All decisions regarding the termination of accounts shall be made in the sole discretion of Capital Training Center. Capital Training Center is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your membership or subscription is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Capital Training Center reserves the right to refuse service to anyone for any reason at any time.
Dispute Resolution.
All disputes related to or arising out of Services performed pursuant to this Agreement shall be resolved exclusively by binding arbitration in Virginia, USA in accordance with the JAMS Streamlined Arbitration Rules & Procedures, by one commercial arbitrator with substantial experience resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators, and judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party hereby consents to arbitration in Virginia, USA for the foregoing purposes.
Relationship of Parties.
For all purposes under this Agreement Capital Training Center and you shall not be construed as being parties to a joint venture, franchise, partnership or agency relationship. Neither you nor Capital Training Center have authority, apparent or otherwise, to represent, contract for or on behalf of, or in any other way legally bind the other party hereto in any fashion. Essentially there is no relationship at all beyond Capital Training Center providing the services mentioned in this agreement.
Assignment.
Neither party shall have the right to assign this Agreement to another person or entity, except that Service Provider may assign and transfer its rights and obligations or this Agreement without consent to a successor to all or substantially all its relevant assets or business.
Governing Law; The parties consent to the exclusive jurisdiction and venue of the federal and state courts located in the state of Virginia, USA, without regard to the conflicts of law provisions thereof, in any action arising out of or relating to this Agreement.
The parties waive any other jurisdiction to which either party might be entitled by domicile or otherwise.
Attorneys' Fees: In any litigation, arbitration, or other proceeding arising out of or related to this Agreement wherein the Service Provider is required to use legal means and/or the services of a collection agency in order to enforce its rights under this Agreement or seeks a declaration of any rights or obligations under this Agreement, the Service Provider shall be awarded its reasonable attorney fees, and costs and expenses incurred.
Other: The failure of Capital Training Center to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The Terms of Service constitutes the entire agreement between you and Capital Training Center and govern your use of the Service, superseding any prior agreements between you and Capital Training Center (including, but not limited to, any prior versions of the Terms of Service).
Questions about the Terms of Service should be sent to training.coordinator@capitaltrainingcenter.com