Terms and Conditions
Construction-Education.com (hereinafter referred to as the "Site") is a website maintained by Matthew Morris Industries, LLC, (hereinafter referred to as "MMI, LLC") for the sole purpose of providing online construction training courses (hereinafter referred to as the "Courses").
Copyright And Trademarks
All Content Copyright @ 2011-2024 MMI, LLC. All Copyrights and Trademarks Reserved.
Content
All text, information, data, photographs, graphics, html, software, source and object code, video and audio clips, trademarks and logos, and the like (“Content”) appearing on this Site belongs to MMI, LLC or its affiliates, licensors or suppliers, except as otherwise specified on this Site. You may use the Content only online, and solely for your personal, internal, noncommercial use. Content shall not be downloaded, printed, copied, transmitted, shared, displayed, distributed, licensed, modified, published, posted, reproduced, used, sold, used to create a derivative work or otherwise used for commercial or public purposes without prior written consent from MMI, LLC.
All trademarks used on this Site are owned by MMI, LLC, or, in a few cases, used with the permission of their respective owners. No trademark, including, without limitation, logos and Internet domain names using the trademarks “MMI, LLC”, “Matthew Morris Industries”, or “Construction-Education.com” (all whether or not capitalization or spaces are used) may be used or reproduced by any party without the prior written permission of MMI LLC or the trademark owner.
Other than the non-exclusive right of use by Users as specified herein, no rights to such content or portions thereof, regardless of the form in which it appears, are conveyed by its posting on this Site or by the accessing thereof by any User.
MMI, LLC reserves the right to revise, supplement or discontinue all or portions of the Content or the Site from time to time. Additionally, MMI, LLC reserves the right to change the Terms and Conditions at any time, effective immediately upon posting on this Site. “Users” mean any individuals or entities using, accessing, or obtaining or providing information from or to, this Site.
Usage
By using or accessing this Site, or by using, ordering, or purchasing any of the products or services offered on this Site, Users will be deemed to have read and accepted these Terms and Conditions, even if they are not accessing an area of the Site which requires confirmation thereof, and agreed to be legally bound by these Terms and Conditions (including our Privacy Policy). Courses are intended for use by individual Users only. It is a violation of this agreement to share account access or broadcast Courses beyond the individual User.
Users must discontinue use of this Site immediately if they do not agree or accept all these Terms and Conditions. MMI, LLC retains the right to remove or bar any User from using this Site at its sole discretion.
Payment Options
Individual Registration (One-time payment)
User shall have unlimited access to the Course as soon as User’s one-time payment is processed. Payment shall be made by credit card. Payment is non-refundable.
Individual Payment Plan (Spread over several months)
Individual Payment Plans provide unlimited access to the Course for an individual User after completing all required payments. Service begins as soon as User’s initial payment is processed. Payment shall be made by credit card each month until the total price of the Course is paid. Should User cancel after payment is processed, said payment and future payments are non-refundable.
Corporate Subscription (Month-to-month or year-to-year)
Subscription service provides unlimited access to the Course for all employees within User’s organization during the subscription service period. Employees of User’s organization must use their company email address to register for the Course. Service begins as soon as User’s initial payment is processed. Payment shall be made by credit card each month. Monthly subscription rates are based on a one-year commitment. Following the one-year anniversary of the initial payment, subscription service shall continue automatically without renewal notice until User cancels service. Should User cancel after payment is processed, payment is non-refundable and service shall continue until the end of that month’s billing period. Following the one-year anniversary of the initial payment, User’s monthly rate is subject to change, but User shall be notified of any change in monthly rates with the option to cancel in accordance with these terms. Cancellations can be made any time by visiting User’s “Billing” tab in the “My Account” menu. Employees of User shall not have access to the Course after subscription is canceled.
User Accounts
MMI, LLC may, in its sole discretion, provide access to Users to restricted portions of the Site, including, without limitation, one or more User accounts where specific customer information and services may be provided and/or obtained.
Customers accessing such locations may be subject to additional terms and conditions as specified in connection with the services provided. Users with service accounts are exclusively responsible for preserving the confidentiality of any logon information, User account information, and any actions or inactions in connection with such account.
Limitation of Liability
MMI, LLC, and its affiliates, along with their respective officers, directors, personnel, employees, or representatives, are not liable or responsible for, and User hereby waives any claims, demands, liabilities, causes of action, lawsuits, damages and costs, including, without limitation, direct, indirect, accidental, incidental, consequential, circumstantial, extraordinary, special or punitive damages of any kind with respect to the Site (including our products, services or Content), even if MMI, LLC or its affiliates have been advised of the possibility of such damages. In no event shall MMI, LLC be liable to any party for any direct, indirect, special or other consequential damages from computer virus or any other form of software, or from any use of any hyperlinked site, including, without limitation, any lost profits, business interruption, loss of programs or other data. Users’ only recourse for such claims, demands, liabilities, causes of action, lawsuits, damages or costs is to terminate the use of this Site.
Privacy
MMI, LLC respects your privacy. We do not collect personally identifiable information about you unless you voluntarily provide it, such as when you provide email contact information to subscribe to the MMI, LLC email list newsletter, send feedback to MMI, LLC, register for one of MMI, LLC’s courses or respond to a survey. If you voluntarily provide your email address or other contact information, we might also use it to inform you of changes to MMI, LLC, to survey you about your use or opinion of MMI, LLC, or to ask for your support. At your request, we will remove your contact information from our files.
We do not make your contact information or any other personally identifiable information available to anyone outside MMI, LLC or its service providers (who use the information only for authorized MMI, LLC purposes) unless we are legally required to do so.
In addition to the above, we collect certain anonymous (non-personally identifiable) information to help us improve the MMI, LLC web site and to evaluate the access and use of MMI, LLC materials and the impact of MMI, LLC on the worldwide educational community:
We collect information you provide about your use of and satisfaction with MMI, LLC through email you send us, through the MMI, LLC feedback form, and through MMI, LLC surveys, whether or not you voluntarily include your contact information.
We may use web analysis tools that are built into the MMI, LLC web site to measure and collect anonymous session information.
We also use “cookies” to improve your MMI, LLC web experience and to collect anonymous information about how you use MMI, LLC. However, cookies are not required for MMI, LLC use. If your browser is configured not to accept cookies, you will still be able to access MMI, LLC and its content.
When we report information about MMI, LLC access, use, and impact, we report aggregate, non-personally identifiable data. Occasionally, we report quoted feedback from users. We may attribute feedback to specific individuals if User provided their name and photo with the feedback.
No Endorsement
MMI, LLC does not recommend, endorse or support any third party businesses, services, or products, except as expressly stated by MMI, LLC on this Site. If this Site provides information about third parties or provides third party content, including links to third party Sites, MMI, LLC shall not be responsible or liable for any harm or damage related to any third party information, even if it contains mistakes or errors. Likewise, MMI, LLC shall not be responsible or liable for any third party services or products.
Disclaimer of Warranty
MMI, LLC makes no representation about the functionality and usability of the content on this Site. Your use and browsing of this Site is at your sole risk. All information contained in this Site is provided "as is" and "as available", with no assurances or warranties, either expressed or implied. You should not assume that the information on this Site is constantly updated or otherwise includes recent information.
This Site may be inoperable, interrupted, or malfunction from time to time. MMI, LLC has no responsibility for such inoperability, interruption, or malfunction. Users are warned that information herein may contain technical errors, inaccuracies, bugs, unknown viruses, and omissions. User assumes all risk related to the usage of this Site, and hereby disclaims all warranties by MMI, LLC relating to User's Site usage.
Notwithstanding any other provision of these Terms and Conditions, MMI, LLC disclaims all representations, guarantees, warranties, express or implied, of any kind with respect to this Site (including our products, services, and site content) including but not limited to, the warranties of merchantability and fitness for a particular purpose, title, non-infringement of third party rights, and accuracy. The content of this Course is conceptual and does not represent design, engineering or construction direction, or guidance related to laws, regulations or codes. No oral or written information or advice given by us shall create a warranty or in any way increase the scope of our obligations under these Terms and Conditions.
Indemnity
Users will indemnify and hold harmless MMI, LLC, along with its affiliates, and their respective officers, directors, personnel, employees, or representatives from any claim, demand, liability, cause of action, lawsuit, damages or costs (including reasonable attorneys' fees and disbursements) arising in connection with their use of the Site (including our products, services, and Content), including, but not limited to incorrect Site information, content, or delivery, or MMI, LLC or third party products and services.
Dispute Resolution
Agreement to Arbitrate Disputes
BY USING, ACCESSING, DOWNLOADING, INSTALLING, OBTAINING OR PROVIDING INFORMATION FROM OR TO THIS SITE, USERS EXPRESSLY AGREE THAT ANY LEGAL CLAIM, DISPUTE OR OTHER CONTROVERSY BETWEEN USERS AND MMI, LLC ARISING OUT OF OR OTHERWISE RELATING IN ANY WAY TO THE SITE, INCLUDING CONTROVERSIES RELATING TO THE APPLICABILITY, ENFORCEABILITY OR VALIDITY OF ANY PROVISION OF THESE TERMS AND CONDITIONS OR OUR PRIVACY POLICY (COLLECTIVELY “DISPUTES”), SHALL BE RESOLVED BY THE PROCEDURES SET FORTH HEREIN. IN THE EVENT THAT THE CLAIM CANNOT BE RESOLVED INFORMALLY, USER HEREBY AGREES TO RESOLVE ALL DISPUTES THROUGH CONFIDENTIAL BINDING ARBITRATION, SAVE FOR THE ONE EXCEPTION SET FORTH BELOW. ALL DISPUTES SHALL BE RESOLVED BY ONE ARBITRATOR, WHO WILL BE A NEUTRAL ARBITRATOR AGREED UPON BY BOTH PARTIES TO THE DISPUTES. IN THE EVENT THAT THE PARTIES CANNOT AGREE ON A NEUTRAL ARBITRATOR AFTER SIXTY (60) DAYS, JAMS SHALL SELECT THE NEUTRAL ARBITRATOR FOR THE DISPUTES. USER SHALL BEAR THE COSTS OF THE MUTUALLY SELECTED ARBITRATOR FOR ALL NON FRIVOLOUS CLAIMS. THE ARBITRATION WILL BE GOVERNED BY JAMS’ COMPREHENSIVE ARBITRATION RULES AND PROCEDURES LOCATED AT WWW.JAMSADR.COM. USERS SPECIFICALLY AGREE THAT THEY ARE BOUND TO RESOLVE ANY AND ALL DISPUTES IN ARBITRATION, INCLUDING BUT NOT LIMITED TO THE ABILITY TO ENFORCE THIS ARBITRATION AGREEMENT, EXCEPT SHOULD THEY CHOOSE TO PROCEED IN SMALL CLAIMS COURT AS SET FORTH BELOW. Each party agrees to pay its own attorneys’ fees and expenses. User and MMI, LLC further agree that for any claim of damages of less than $10,000, the arbitration may be conducted at plaintiff’s discretion solely based on written submissions. User and MMI, LLC further agree that for any dispute that is less than $10,000 User can choose to file that claim in Small Claims Court in in Boulder, Colorado. If the Dispute is brought by any other party, the arbitration shall be conducted in Boulder, CO. The arbitrator has the power to award injunctive relief, but does not have the power to award punitive damages. The dispute shall be governed by Colorado law, without regard to conflict of law provisions.
Waiver of Class Arbitration
To the fullest extent permissible under applicable law, all Disputes shall be resolved by binding confidential arbitration on an individual basis in each party’s individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator does not have the power to consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. Users expressly agree that no other Disputes shall be consolidated or joined with your Dispute, whether through class arbitration proceedings or otherwise. By using, accessing, downloading, installing, obtaining or providing information from or to, this Site, Users acknowledge that they are voluntarily and knowingly waiving any right to participate as a representative or member of any class of claimants pertaining to any Dispute.
Enforcement of Arbitration Award
The arbitrator’s award shall be final and binding on all parties subject to these Terms and Conditions, and may be entered as a judgment in any court of competent jurisdiction.
Applicable Law
These Terms and Conditions may only be interpreted and enforced under the laws of the State of Colorado, without reference to its principles on conflicts of laws. In the event of any dispute, User and MMI, LLC consent to the exclusive venue and jurisdiction of the State and Federal Courts located in Denver, Colorado, and waive any right to contest such venue, jurisdiction or the inconvenience of such forum.
Severability
If any provision of the Terms and Conditions is held to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect and the invalid, void, or unenforceable provision shall be deemed modified so that it is valid and enforceable to the maximum extent permitted by the law.
Prevailing Language
To the extent there is any inconsistency, ambiguity, or conflict between the English version of these Terms and Conditions and those translated into another language, the English version shall prevail.