TERMS OF USE – Prolicense Florida
The information contained in or disseminated through ProLicense Florida ("ProLicense") website (the "Website") or any on-line training program developed, produced and/or distributed by ProLicense is being distributed for informational purposes only. By accessing or using this website or any online training program developed, produced and/or created by The Institute (the "Training Programs"), the user agrees to be bound by terms hereof, as same may be amended from time to time.
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No person is permitted to reproduce, duplicate, copy, sell, trade or otherwise exploit any information or other content provided by or through the Website or any on-line training program developed, produced or distributed by ProLicense without ProLicense's prior written permission.
For ProLicense customers, your status as a customer constitutes your implied consent to our collection and use of your personal information to carry out our activities in Accident Prevention consulting and training and in our marketing activities. We will not sell, lease, or otherwise distribute this information.
ProLicense makes no representation or warranty whatsoever regarding the compliance of any Training Program with any federal, State or other jurisdictional legislation, regulations or licensing requirements. You are strongly encouraged to consult applicable legislation, regulations and licensing requirements that may apply to you, as well as any relevant company policies and procedures. Applicable legislation, regulations and licensing requirements may require on-site or other training programs. Users are responsible for determining what requirements they are or may be subject to.
Although ProLicense makes every effort to ensure that any information published or distributed on or through the Website or any Training Program is current, accurate and complete in all material respects, it makes no representations or warranties to you or any other person with respect to such currency, accuracy, or completeness of such information to the requirements of any particular legislation, regulations or licensing requirements that may apply to you or any other person.
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BY ACCESSING OR USING THE WEBSITE OR ANY TRAINING PROGRAM, YOU EXPRESSLY AGREE THAT ALL INFORMATION AND OTHER SERVICES ASSOCIATED THEREWITH ARE PROVIDED "AS IS" AND "AS AVAILABLE". INSTITUTE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NONE OF AFCBM, ITS AFFILIATES, RESELLERS AND DISTRIBUTORS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS (EACH AN "AFCBM PARTY"), WARRANT (A) THAT ANY CONTENT PROVIDED ON OR THROUGH THE WEBSITE OR ANY TRAINING PROGRAM IS ACCURATE, CORRECT, COMPLETE OR RELIABLE; (B) THAT THE WEBSITE OR ACCESS TO ANY TRAINING PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; (C) THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; NOR (D) THAT ANY CONTENT OR SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF OR ACCESS TO THE WEBSITE IS SAFCBMLY AT YOUR OWN RISK. NO PERSON, INCLUDING ANY EMPLOYEE OR AGENT OF AFCBM, HAS ANY AUTHORITY TO AMEND THE SCOPE OF THIS LIMITATION AND EXCLUSION OF LIABILITY NOR EXPAND AFCBM'S LIABILITY HEREUNDER OR OTHERWISE, WHETHER IN WRITING OR ORALLY, NOR CREATE OR PROVIDE ANY ADDITIONAL WARRANTIES.
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FURTHERMORE, UNDER NO CIRCUMSTANCES SHALL ANY INSTITUTE PARTY BE LIABLE TO ANY PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSS(ES) AND/OR DAMAGE(S) ARISING OUT OF OR RELATING TO, EITHER DIRECTLY OR INDIRECTLY, IN WHAFCBM OR IN PART, ANY PERSON'S USE OF OR ACCESS TO, OR INABILITY TO USE OR ACCESS, THE WEBSITE OR ANY TRAINING PROGRAM, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, IDENTITY THEFT, OR OTHER INTANGIBLE, EVEN IF SUCH AFCBM PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS(ES) AND/OR DAMAGE(S). BY YOUR USE OF THE WEBSITE OR ANY TRAINING PROGRAM, YOU AGREE THAT YOU HAVE SAFCBM AND COMPLETE RESPONSIBILITY FOR ANY DECISIONS MADE OR ACTIONS TAKEN BY YOU IN RELIANCE UPON ANY INFORMATION CONTAINED (OR NOT CONTAINED) ON THE WEBSITE OR IN ANY TRAINING PROGRAM. THE AFCBM PARTIES' COLLECTIVE MAXIMUM LIABILITY TO ANY PERSON UNDER OR RELATED TO SUCH PERSON'S USE OF OR ACCESS TO THE WEBSITE OR ANY TRAINING PROGRAM AND THESE TERMS OF USE SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY SUCH PERSON FOR SUCH USE OR ACCESS, IF ANY. THE LIMITATIONS OF LIABILITY AND DISCLAIMERS CONTAINED IN THESE TERMS OF USE SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE OR ANOTHER TORT.
By accessing or using the Website or any Online Training Program, you agree to indemnify and hold each Institute Party harmless from any claim or demand, including attorneys' fees, arising out of your use of or access to, or inability to access or use, the Website or any Training Program, or your violation of any of these Terms of Use or any other agreement you may have with Institute or its affiliates, or your infringement of any intellectual property or other right of any person or entity.
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The Website and each Training Program contain copyrighted material, trademarks, and other proprietary information and material. No person may modify, publish, transmit, distribute, or participate in the transfer or sale of, create derivative works of, or in any way exploit, any such information or material without Institute's prior written consent.
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Nothing in these Terms of Use is intended to, nor will create any form of partnership, joint venture, agency, or employment relationship between you and Institute. You may not assign these Terms of Use, by operation of law or otherwise, without Institute's prior written consent. These Terms of Use shall ensure to the benefit of and be binding upon you and Institute and our respective successors and (permitted) assigns. The failure of either party to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by such party in writing. If a court of competent jurisdiction declares any provision of these Terms of Use to be invalid or unenforceable, the remainder of these Terms of Use will continue in full force and effect. These Terms of Use shall be construed in accordance with the laws of Ontario and the laws of Canada applicable therein, without giving effect to its conflict of law’s provisions.
Last updated: 09/01/2023