1.1. Welcome to Windowtinting, Inc. DBA Windowtinting.com (hereinafter "WT", "we" or "us"). We hope the Student*, Additional Student(s)*, Employer* or Cardholder (i.e. purchaser/payment provider)* [hereinafter "you", "your"], enjoys your instructional experience and we sincerely appreciate you registering with us!
1.2. Your participation is conditioned upon your acceptance of this Agreement. Please carefully read this Agreement and indicate your acceptance by checking the appropriate "Yes, I (Student) agree to the Student Agreement Terms & Conditions above" box and clicking on the Submit button at the bottom of this form to complete your registration; once received, you will be sent an Acceptance Letter, via email or post office, outlining further instructions prior to your arrival.
1.3. This Agreement, along with respect to all monies paid and/or scheduled to be paid, and the Terms and Conditions herein, shall become operative at the time of submission.
1.4. Training can commence at a designated location deemed by WT at any time prior to the Start Date and cannot be altered by the Student after registration has been accepted.
1.5. This Agreement is the entire agreement relating to its subject matter between you and WT and it supersedes any prior proposal, representation or understanding between the parties, unless expressed in a formal contract, which will be interpreted in a manner consistent with this Agreement.
1.6. It is hereby understood that WT is not accredited or approved by any governing agency. This is mainly due to the total tuition falls under the minimum amount required for any said agency to consider applying for being accredited and/or approved.
2. Grant of License.
2.1. WT grants you the right, to use the course that contains information, printed material, software, photographs, audio and video clips, graphics and other material (collectively, the "Content") for your own individual (non-commercial) use. You may not share your access nor distribute any Content from the course to others without the prior written permission of WT.
3. Use of Course Content.
3.1. Student acknowledges that the course contains Content that is protected by copyright, trademark or other proprietary rights of WT, its affiliates, or third parties. All Content on the course is copyrighted as a collective work of WT pursuant to applicable copyright law or has been licensed by WT. You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the course. The Content is intended for the individual, noncommercial use of the registered students of the course.
3.2. Student may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit, any of the Content, in whole or in part, except as expressly permitted in this Agreement. All Business Management training, material, files, forms, etc. are suggestions ONLY and WT will not be responsible for its Content or held liable in any way and Student is permitted to edit this Content ONLY to suit their individual needs.
3.3. Student may download or copy the Content from the WT website only for your own individual use, and further provided that you maintain all copyright and other notices contained in such Content. You shall not store electronically any significant portion of any Content, except as may be temporarily stored by your Browser in its ordinary operation. Except as expressly permitted by the copyright laws, no copying, storage, redistribution or publication of any Content is permitted without the express permission of WT or the owner(s) of such Content. You may not record any content, training, instructions, etc., be it audible or visual, at anytime during the course(s) under any circumstances. Any copyright infringement shall subject the infringer to actual damages or statutory damages up to $150,000.00.
4.1. WT warrants that all courses and Training Materials supplied hereunder will be conducted using generally recognized commercial practices and standards. WT makes no other warranty or representation as to the suitability or quality of the WT courses or Training Materials and WT expressly disclaims all liability to any person in respect of the consequences of anything done or omitted to be done wholly or partly in reliance upon the whole or any part of the WT courses or Training Materials. Student shall have sole responsibility for fulfilling any requirements or accomplishing any objectives for which Student purchased any WT course(s).
4.2. Student acknowledges that you will be taking a Scholastic Level Exam (SLE) upon your Start Date. This test only provides insight of your ability to participate in the WT course(s) as it is not generally considered a pass/fail and does not guaranty the students’ likelihood of success in this trade or training, or any other school or program of institution, before, during or after the course. The results of the SLE will be sent to the students e-mail address on the Student Agreement (noted above), or the one used to create the credit card transaction (via our Shopping Cart), or directly to your employer, spouse, friend, etc. unless you inform us otherwise in writing 15 days prior to your Start Date; unless otherwise noted.
4.3. WT will teach the skills and techniques outlined in the course(s) to the best of their abilities and WT cannot guarantee the individual results of a student's ability to perform the skills taught during or after the completion of the course(s). WT does not provide any personal instructions, guidance, assistance, or other services, including but not limited to placement assistance and/or assistance overcoming language barriers or learning disabilities, including but not limited to O.C.D., A.D.D., C.A.P.D., Dyslexia, Dysgraphia, Dyscalculia, etc., before, during or after the completion of the course.
4.4. Please know that a student successfully completing a course or program of instruction will not be able to transfer any credits the student may or may not earn to any other postsecondary institution and will not receive credit for any courses or a program of instruction already completed at any other postsecondary institution, school, college, training program, etc.
4.5. Successful completion of a course or program of instruction does not qualify the student for admission to a labor union or similar organization or for receiving a State or Federal license to perform certain functions. And WT does not certify a students’ performance or skills used from of any lessons learned, taught or acquired during or after training.
4.6. WT courses or programs of instruction do not fulfill a requirement that must be completed prior to taking a licensing examination.
4.7. WT does not provide availability of employment while the student is undergoing instruction, nor guarantee any future employment, nor does WT offer any employment placement program, and that the student will not receive any preferred consideration for employment with any governing agency or employer.
4.8. Student is not guaranteed in obtaining any such employment, including but not limited to, the percentage of graduates who have received employment, or salary or salary range, that can expected to be received before, during or after the course in any such employment.
4.9. THE WARRANTY CONTAINED IN THIS SECTION IS IN LIEU OF AND WT EXPRESSLY DISCLAIMS, AND STUDENT HEREBY EXPRESSLY WAIVES, ALL OTHER EXPRESS WARRANTIES OR CONDITIONS, AND ALL OTHER WARRANTIES, CONDITIONS, AND OBLIGATIONS IMPLIED IN LAW, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
5. Cancellation policy and hours of operation.
5.1. Unless otherwise specified or agreed, all courses shall commence on the date specified by WT. WT reserves the right to change or cancel scheduled courses anytime prior to the course(s) start date that was originally scheduled by WT and agreed upon by Student.
5.2. WT shall use reasonable endeavors to give notice of any cancellation of any course(s), except in the event of circumstances beyond its control. In this event, if the course(s) cannot be rescheduled, Student may be entitled to a full refund of any monies(s) paid in respect of the cancelled policies but shall not otherwise be entitled to any financial compensation, costs, losses or damages arising from such cancellation including, and not limited to, traveling expenses.
5.3.WT, without penalty or obligation, may refund the full amount charged of all Application Fee(s), not to exceed $200.00, if the request is made in writing (as noted in 5.5) and as long as no other monies have been submitted to schedule any course(s) Start Date. If Student is not satisfied after attending their first day of a 5-Day Beginning Automotive training course, at WT’s sole discretion, may ONLY be entitled to a full refund of tuition minus traveling expenses and as long as they inform WT in writing by 5:00 p.m. PST on the Start Date (as noted in 5.8) and must forfeit and return all training material, including tools, manuals, etc., in their original condition and contingent upon they are not in violation of section 7.2 or any other Terms and Conditions of this Student Agreement. After this time noted herein, or anytime thereafter, student therefore will not be entitled to any refund, or any other compensation for any additional losses student may incur, for any reason, at any time. If you register for any Mobile Training Courses, whereas we come to you and provide training, then there are no refund offers that apply and all monies paid (or to be paid) are non-refundable and you will not be entitled to a refund, or any other compensation for any additional losses you may incur, for any reason, at any time.
5.4. All monies paid, and/or any monies scheduled to be paid, will always be considered non-refundable. However, Student may cancel for any reason, with written notice, up to 15 calendar days prior to the original registered Start Date and may only be entitled to a credit of any monies paid, and/or monies scheduled to be paid, towards an alternate Start Date; which is solely agreed upon at WT’s discretion and availability. If the written cancelation is submitted after the 15 calendar days prior to the original registered Start Date, then all monies paid, and/or monies scheduled to be paid, will be considered non-credited for any reason and subject to being non-refundable. All written cancellations must be received within 24 hours after any verbal, or any other method of non-written notice, from the Student in order for WT to consider any cancellation options as noted above. NOTE: Text messaging is not considered a form of written notice; emails and/or hand written or typed letters are the only methods considered as a form of written cancelation. If no written cancellation request is received during this allotted time, then all monies paid, and/or any monies scheduled to be paid, will be considered non-refundable. If Student is put on notice to submit a written cancellation request and if no written notice is received from Student to officially cancel any registered Start Date after 24 hours of said notice, then the registered Start Date will be subject to the Terms and Conditions of this Student Agreement and all monies paid, and/or monies scheduled to be paid, will be non-refundable. NOTE: All attempts will be made in order to schedule an alternate student in the unlikely event Student requests to cancel the original and/or any alternate registered Start Date in order for WT to consider any credit or refund options. In addition, only ONE alternate Start Date rescheduling request from Student may be considered; which is still solely agreed upon at WT’s discretion and availability. In the event Student decides to challenge or dispute any monies paid, and/or monies scheduled to be paid, either through the payment processing company and/or arbitration, then Student understands they will forfeit any credit/refund options; therefore, any monies paid, and/or monies scheduled to be paid, will become non-refundable.
5.5. ANY NOTIFICATION OF WITHDRAWL OR CANCELLATION AND ANY REQUEST FOR A REFUND MUST BE MADE IN WRITING. TO RECEIVE A REFUND YOU MUST SEND A WRITTEN REQUEST TO WT DESCRIBING THE REASON FOR WITHDRAWAL OR CANCELLATION, ALL OF YOUR CONTACT INFORMATION, YOUR ORIGINAL COURSE DATE AND THE AMOUNT YOU HAVE PAID THUS FAR. ANY NOTIFICATION OF WITHDRAW OR CANCALLATION AND ANY REQUEST FOR A REFUND MUST BE SUBMITTED VIA A CERTIFIED U.S. POSTAL LETTER OR AN ACTIVE E-MAIL ADDRESS.
5.6. Payment of Refunds. Payment of refunds is to be made within 30 days of determination of student withdrawal.
5.7. Schedule of Student Charges. All charges or fees are mandatory, the total charges for attendance appear on page 1 of this Agreement. All monies or fees are non-refundable if a written request for a refund is not received as noted in this agreement.
5.8. Hours of Operation. WT business days are Monday-Friday 8:00am to 5:00pm PST., excluding local holidays, unless otherwise noted. All WT courses are scheduled to begin at 8:00am in the time zone the training is being conducted on the Start Date noted above, unless otherwise noted. During scheduled course dates, our office will be closed, but the training will still commence as agreed upon. Any message received will be returned promptly once WT resumes normal business operation hours as noted above.
6.1. WT reserves the right to change course prices at any time. In the event of such change, confirmed registrations will be honored at the original price. Registrations confirmed by a purchase order within 30 days of a price increase will also be honored at the original price.
6.2. Most purchases do not include sales, use, service, value added or like taxes or customs duties. Such taxes and/or duties, when applicable, will be included in your purchase.
6.3. The Application Fee(s), as described on the WT web site, must accompany this agreement. A deposit of 1/2 the total course fee(s), including the Application Fee(s), are required in order to schedule a course(s) and must be received no later than 15 days prior to the Start Date noted above, unless otherwise agreed. The remaining course(s) balance will be due on, or before, the Start Date as noted above. If the Application Fee(s) are not applied to a course(s) within 90 days after the date of submission/receiving, or has not been requested to be refunded in writing, or requested to be extended in writing by either the Cardholder and/or Student, then all Application Fee(s) will be non-refundable.
6.4. The Student and/or Cardholder noted authorizes and agrees to have either themselves and/or Windowtinting, Inc. (DBA Windowtinting.com) to charge, submit and/or process any payment(s) for any and all amount(s) due noted on this Student Agreement, Shopping Cart and/or verbally agreed upon. In the event the Cardholder and/or Student defaults on or disputes any payment(s), then the Cardholder and/or the Student are equally responsible for any and all payment(s) obligations and subject to all Terms & Conditions of this Student Agreement and/or Shopping Cart.
7.1. If WT notifies Student of any WT regulations for student's education course(s) as noted in this Student Agreement and/or Acceptance Letter, Student shall comply with such regulations.
7.2. WT reserves the right to refuse admission to any person whom it considers in its absolute discretion to be unsuitable for admission to any WT education course, or to request any person in breach of its course regulations to leave the WT premises or other premises where the course is held. In the event of refusal of admission due to unsuitability, failure to comply, not physically attending the course (i.e. no-show) on any course day, for any reason, within 30 minutes of the scheduled Start Date/Time (as noted in 5.8), or being asked to leave due to breach of course regulations, Student will forfeit all fees paid and not be entitled to a refund for any portion thereof.
7.3. In the event re-training is requested by Student, WT will solely deem if grantable and can grant such training only up to an additional 5 business days and will be scheduled solely at the discretion of WT. Re-training will only be granted within 30 days after Student graduation date and only up to 60 days thereafter. The re-training days do not include or provide any transportation, meals, tools, materials, or training film, etc; ONLY instructional time. If training film and materials (i.e. razor blades, chemical solutions, etc.) are not supplied by Student, a $100 fee per Student is required in advance 15 days prior to the scheduled re-training days for WT to provide these items. If you refuse the re-training, or do not schedule for it in the time frame noted above, or are deemed not to be allowed the re-training, at the sole discretion of WT, you therefore will not be entitled to a refund, or any other compensation for any additional losses you may incur, for any reason.
7.4. Any and all traveling expenses including meals, other than outlined in the WT web site, will be the sole responsibility of the Student. In addition, WT will not be held responsible for the interaction between the Student and the recommended companies provided by WT.
8. Remedies and Liabilities.
8.1. THE WT TOTAL AGGREGATE LIABILITY TO STUDENT FOR ANY REASON AND UPON ALL CLAIMS AND CAUSES OF ACTION HEREUNDER WILL BE LIMITED TO THE AMOUNT OF FEES PAID BY STUDENT FOR THE SPECIFICALLY RELATED EDUCATION THIS APPLIES TRAINING COURSE(S). LIMITATION TO ALL CAUSES OF ACTION OR CLAIMS INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER TORTS. IN NO EVENT WILL WT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF DATA, LOSS OF PROFITS OR LOSS OF SAVINGS OR REVENUE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
8.2. THE REMEDIES IN THESE TERMS AND CONDITIONS FOR WT EDUCATION SERVICES TRAINING SERVICES ARE THE STUDENT'S SOLE AND EXCLUSIVE REMEDIES.
8.3. The parties understand and agree that, to the extent permitted by applicable law, the foregoing exclusions and limitations of liability represent the parties' agreement as to allocation of risk between them in connection with their respective obligations hereunder. The fees payable to WT reflect, and are set in reliance upon, this allocation of risk and the exclusions and limitations of liability set forth in these terms and conditions.
9.1. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules including the Emergency Interim Relief Procedures, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Attorney's fees and costs will be awarded to the prevailing party in any dispute. In the event of a controversy/claim, all arbitration will be conducted in San Diego, CA.
10. Hold Harmless Agreement.
10.1. ASSUMPTION OF RISK. STUDENT IS AWARE OF THE RISKS OF INJURY, DEATH, AND PROPERTY DAMAGE THAT MAY RESULT FROM, AMONG OTHER CAUSES, THE ACTIVE OR PASSIVE NEGLIGENCE OF WINDOWTINTING.COM, INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND OTHER RELATED PARTIES (COLLECTIVELY, "RELEASED PARTIES"), INCLUDING WITHOUT LIMITATION THE RISK OF NEGLIGENT INSTRUCTION OR SUPERVISION. STUDENT IS VOLUNTARILY ENGAGED IN WINDOW TINTING WITH KNOWLEDGE OF THE RISKS OF INJURY, DEATH, PROPERTY DAMAGE, AND OTHER RISKS, AND ASSUMES ANY AND ALL KNOWN AND UNKNOWN RISKS OF INJURY, DEATH, AND PROPERTY DAMAGE THAT MAY RESULT FROM WINDOW TINTING.COM, INC. AND ITS INSTRUCTION.
10.2. RELEASE OF LIABILITY. STUDENT RELEASES RELEASED PARTIES FROM ALL LIABILITY TO STUDENT AND STUDENT'S PRINCIPALS, EMPLOYEES, AGENTS, REPRESENTATIVES, GUARDIANS, SUCCESSORS, ASSIGNS, HEIRS, CHILDREN, AND NEXT OF KIN FOR ALL LIABILITY, CLAIMS, DAMAGE, OR DEMANDS FOR PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE, ARISING FROM OR RELATED TO THIS AGREEMENT OR TO WT AND ITS INSTRUCTION, WHETHER THE INJURY, DEATH, OR PROPERTY DAMAGE OCCURS ON OR OFF THE PREMISES. THIS RELEASE INCLUDES, WITHOUT LIMITATION, ANY PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE CAUSED BY THE ACTIVE OR PASSIVE NEGLIGENCE OF ANY OF THE RELEASED PARTIES. STUDENT BEARS SOLE RESPONSIBILITY FOR ANY LOSS.
10.3. KNOWING AND VOLUNTARY EXECUTION. STUDENT ACKNOWLEDGES THAT HE/SHE HAS CAREFULLY READ THIS AGREEMENT, UNDERSTANDS ITS CONTENTS, AND UNDERSTANDS THAT THIS AGREEMENT INCLUDES AN ASSUMPTION OF THE RISK OF THE RELEASED PARTIES' NEGLIGENCE AND A RELEASE OF THEIR LIABILITY. STUDENT ACKNOWLEDGES THAT PROVIDER IS MATERIALLY RELYING ON THIS WAIVER AND IS ALLOWING STUDENT TO ENGAGE IN WINDOW TINTING AND IT'S INSTRUCTION.
10.4. TRANSPORTATION. You understand and acknowledge that even thou WT offers transportation usually to and from the hotel to the training facility as a courtesy, or may designate another student to provide a “car pool” transportation, that you are ultimately responsible for your own transportation anytime during the training and that WT or anyone else will not be liable for any accidents, injuries, delays or financial compensation you may incur for any reason at any time.
11. Exclusive Jurisdiction.
11.1.The exclusive jurisdiction for any action is the jurisdiction in which the defendant is located at the time in question.
12.1.This Agreement shall be governed by the internal laws of the State of California giving effect to its conflicts of laws principles. This writing, and any WT regulations, constitute the entire agreement and understanding, between the parties and supersede all prior agreements, whether oral or written, between the parties with respect to the subject matter of this Agreement. No amendment, modification, or waiver of any provision of this Agreement shall be effective unless the same shall be in writing and signed by an authorized representative of each party. The without unenforceability of any provision or provisions of this Agreement shall not render unenforceable or impair its remainder. If any provision of this Agreement is deemed invalid or unenforceable in whole or in part, this Agreement shall be deemed amended to delete or modify, as necessary, the invalid or unenforceable provision to render it valid, enforceable, and, insofar as possible, consistent with the original intent of the parties. The headings in this Agreement are solely for the convenience of reference and shall not be given any effect in the construction or interpretation of this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be an original as against any party whose signature appears thereon and all of which together shall constitute one and the same instrument.
By checking the appropriate "Yes, I (Student) agree to the Student Agreement Terms & Conditions above" boxes below, plus clicking on the Submit button, authorizes, guarantees and/or certifies you have read, understood, and agree to this Student Agreement's Terms & Conditions and agree to your rights and responsibilities, and that the institution's (WT) cancellation and refund policies have been clearly explained to you.