100% money back of the purchase price, or credit to your corporate account, if returned within 30 days of enrollment, and if no more than lesson 1 has been studied. The Municipality Of Anchorage Food Handler course is excluded from this policy. If you have any questions or comments on our Return Policy and/or Terms of Service, please feel free to contact us at email@example.com.
The following are our terms of service for users of TAP Series
Terms of Service
Welcome to tapseries.com, the website and online service of TAP Series (“TAP,” “we,” or “us”). This page explains the terms by which you may use our online and/or mobile services, website, and software provided on or in connection with the service (collectively the “Service”)
TAP reserves the right to make unilateral modifications to this Agreement and will provide notice of these changes as described below. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to this Agreement. This Agreement applies to all visitors, users, and others who access the Service, whether on behalf of a company or on their own individual behalf (“Users”).
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
1. Use of Our Service
This is a contract between you and TAP. You must read and agree to this Agreement before using the Service. If you do not agree, you may not use the Service. You may use the Service only if you can form a binding contract with TAP, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations.
Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. Any use of or access to the Service by anyone under 18 is only permitted with the express written permission of such individual’s legal guardian, and, if necessary, you represent and warrant that you have received such permission. The Service is not designed for use by or in connection with anyone under the age of 18, and you accept all responsibility that may arise from your use of the Service in connection with any minors. The Service is not available to any Users previously removed from the Service by TAP.
The Service is designed for use by employers, employees and individuals.
B. TAP Service
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service solely as permitted by the features of the Service, which may vary by User. We reserve all rights not expressly granted herein in the Service and the TAP Content (as defined below). We may terminate this license or your access to the Service at any time for any reason or no reason.
C. TAP Accounts
Your TAP account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. If you open a TAP account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. By connecting to TAP with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
You acknowledge and agree that if you are opening a TAP account or otherwise using the Service as or on behalf of an employer company, organization or other entity, your employees who open employee accounts must and do separately agree to be bound by this Agreement.
You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify TAP immediately of any breach of security or unauthorized use of your account. TAP will not be liable for any losses caused by any unauthorized use of your account.
By providing TAP with your email address and/or mobile number, you consent to our using the email address and/or mobile number to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address and/or mobile number to send you other messages, such as changes to features of the Service, Knowledge checks, username, invoices, renewals and advertising and marketing communications. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
D. Service Rules and Restrictions
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the TAP servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that TAP grants the operators of public search engines revocable permission to use spiders to copy publically available materials from wheniwork.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) uploading, posting, hosting, or transmitting spam, chain letters, SMSs or other unsolicited email or messages; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents or any code of a destructive nature through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; (xiii) verbally, physically or other abuse (including threats of abuse or retribution) of any other User or any TAP customer, employee, member, or officer; (xiv) reproducing, duplicating, copying, selling, reselling or otherwise exploiting any portion of the Service, use of the Service, or access to the Service without the express written permission by TAP; or (xv) modifying, adapting or hacking the Service or modifying another website so as to falsely imply that it is associated with the Service, TAP, or any other TAP service.
BY USING THE SERVICE YOU REPRESENT AND WARRANT UNDER PENALTY OF PERJURY THAT (I) YOU DO NOT WORK FOR A COMPETITOR OF TAP; AND (II) THAT YOU WILL NOT PROVIDE ANY INFORMATION GAINED FROM YOUR USE OF OR ACCESS TO THE SITE OR THE SERVICES TO A COMPETITOR OF TAP.
We may, without prior notice, change the Service, stop providing the Service or features of the Service, to you or to Users generally, or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for any or no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW.
Though the information contained in the website, courses and software was developed from sources believed to be reliable and trustworthy, TAP Series, their distributors and agents makes no representations, warranties or assurances as to the accuracy, currency, or completeness of the information. There is nothing implied, expressed or warranted in the website, courses and software as to the accuracy or suitability of this information for any purpose. The information in the website, courses, and software are provided “As Is” without warranty of any kind, either expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose or non-infringement. If the user of the website, courses and software is in a jurisdiction that does not permit exclusion of implied warranties, this exclusion is not applicable to the user. In no event shall Tap Series, their distributors or agents be liable for any direct, indirect, incidental, special, exemplary or consequential damages however caused, and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of the website, courses and software or the information contained therein, even if advised of the possibility of such damage. This disclaimer of liability applies to any damage, injury or loss resulting from inaccuracies or omissions or any actions taken or not taken based on the content of the website, courses and software.
No part of the website, courses and/or software may be reproduced, stored in a retrieval system, or transmitted in any form or by any means electronic, mechanical, photocopying, recording, scanning, or otherwise, except as permitted under Sections 107 and 108 of the 1976 United States Copyright Act, without prior written permission of the Tap Series. Request to use or reproduce material from this the website, courses and/or software should be directed to Tap Series.
Anyone entering the website, courses and/or software agrees not to reverse engineer the website, courses and/or software or create a similar product for sale. You may not copy, reproduce, retransmit, publish or otherwise use the website, courses and/or software for any reason other than for your own personal use. Tap Series reserves all rights.
The information provided in the website, courses and/or software is not a contract and should not be construed, considered or otherwise implied as a contract. It is designed for informational purposes only and the provisions are not contractually binding. TAP Series has the discretion in making revisions to the website, courses and software to remain current and consistent with our current practices or changes in local, state or federal law. Thus, Tap Series retains the right to modify or discontinue any policies, course or software.
How We Will Handle Disputes
• Except as provided below, you and we agree that any cause of action, legal claim, or dispute between you and us arising out of or related to this Agreement or TAP Series ("claim(s)") must be resolved by arbitration on an individual basis. Class actions and class arbitrations are not permitted; you and we may bring a claim only on your own behalf and cannot seek relief that would affect other TAP Series users. If there is a final judicial determination that any particular claim (or a request for particular relief) cannot be arbitrated in accordance with this provision''s limitations, then only that claim (or only that request for relief) may be brought in court. All other claims (or requests for relief) remain subject to this provision.
• Instead of using arbitration, you or we can bring claims in your local "small claims" court, if the rules of that court will allow it. If you don''t bring your claims in small claims court (or if you or we appeal a small claims court judgment to a court of general jurisdiction), then the claims must be resolved by binding, individual arbitration. The American Arbitration Association will administer all arbitrations under its Consumer Arbitration Rules. You and we expressly waive a trial by jury.
• The following claims don''t have to be arbitrated and may be brought in court: disputes related to intellectual property (like copyrights and trademarks), violations of our Platform Policy, or efforts to interfere with the Service or engage with the Service in unauthorized ways (for example, automated ways). In addition, issues relating to the scope and enforceability of the arbitration provision are for a court to decide.
• This arbitration provision is governed by the Federal Arbitration Act.
• You can opt out of this provision within 30 days of the date that you agreed to this Agreement. To opt out, you must send your name, residence address, username, email address or phone number you use for your TAP Series account, and a clear statement that you want to opt out of this arbitration agreement, and you must send them to: TAP Series, ATTN: TAP Series Arbitration Opt-out, 5655 Lindero Canyon Road, Suite 501, Westlake Village, CA 91362.
• Before you commence arbitration of a claim, you must provide us with a written Notice of Dispute that includes your name, residence address, username, email address or phone number you use for your TAP Series account, a detailed description of the dispute, and the relief you seek. Any Notice of Dispute you send to us should be mailed to: TAP Series, ATTN: TAP Series Arbitration Filing, 5655 Lindero Canyon Road, Suite 501, Westlake Village, CA 91362. Before we commence arbitration, we will send you a Notice of Dispute to the email address you use with your TAP Series account, or other appropriate means. If we are unable to resolve a dispute within thirty (30) days after the Notice of Dispute is received, you or we may commence arbitration.
• We will pay all arbitration filing fees, administration and hearing costs, and arbitrator fees for any arbitration we bring, or if your claims seek less than $100 and you timely provided us with a Notice of Dispute. For all other claims, the costs and fees of arbitration shall be allocated in accordance with the arbitration provider''s rules, including rules regarding frivolous or improper claims.
• For any claim that is not arbitrated or resolved in small claims court, you agree that it will be resolved exclusively in the U.S. District Court for the Central District of California or a state court located in Ventura County. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim. • The laws of the State of California, to the extent not preempted by or inconsistent with federal law, will govern this Agreement and any claim, without regard to conflict of law provisions.
We always appreciate feedback or other suggestions, but may use them without any restrictions or obligation to compensate you for them, and are under no obligation to keep them confidential.
Updating This Agreement
We may change our Service and policies, and we may need to make changes to this Agreement so that it accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to this Agreement and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Agreement. If you do not want to agree to these or any updated Agreement, you can delete your account by contacting TAP Series’ Technical Support at firstname.lastname@example.org and provide a phone number to confirm your identity. All account and course information will be deleted and you will receive an email from TAP Series stating your request to delete your account has been received and your account has been deleted.
This agreement contains all the terms agreed to by TAP Series and you with respect to your use of the website, courses and/or software. It replaces and supersedes all previous discussions, understandings, and agreements.
If any part of this agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.
The failure of a party to enforce any provision of this Agreement shall not be construed as a waiver of that provision, nor prevent that party thereafter from subsequently enforcing that provision of any other provision of this Agreement.
MODIFICATIONS TO AGREEMENT
This Agreement may be modified at any time without notice. Such modifications become effective on the date that they are first posted. By continuing to use the website, courses and/or software, you agree to be bound by such modifications. Please check back often. Should you not wish to be bound by the modified terms, discontinue your use of the website, courses and/or software.
This Agreement is governed by and shall be construed in accordance with the laws of California, without reference to its conflict-of–law provisions. If a dispute arises, you agree to first attempt in good faith to resolve the dispute through mediation to take place in California, utilizing a third-party mediator that is agreed upon by the parties prior to pursuing other legal remedies including litigation. The prevailing party in mediation is entitled to recover the reasonable cost of attorneys’ fees and costs expended for the mediation, in addition to any other relief that the prevailing party is granted. If the dispute cannot be settled through mediation, you agree to submit all disputes to binding arbitration conducted under JAMS (Judicial Arbitration and Mediation Services, Inc.) to take place in California, subject to the laws of California and the JAMS rules.
The content of this website, courses and software are intended for informational purposes only.
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