TERMS OF USE

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Revised October 28, 2022

WELCOME TO OWENSBOROATLASCENTER.COM.  THIS WEBSITE IS OWNED AND OPERATED BY OWENSBORO ATLAS CENTER, LLC AND IS INTENDED TO PROVIDE TRAINING AND EDUCATIONAL INFORMATION, PRODUCTS AND SERVICES.  PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS OF USE BEFORE ACCESSING, USING, PURCHASING OR PARTICIPATING IN OUR WEBSITE OR ANY OF OUR SITES WHICH LINK TO THESE TERMS (“SITE”) OR BEFORE ACCESSING, USING, PURCHASING OR PARTICIPATING IN OUR TRAINING, COMMUNITIES, PRODUCTS, SERVICES, PROGRAMS, COMPANY-PUBLISHED MATERIALS OR EVENTS (“PROGRAMS”).

BY USING THE SITE, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MUST DISCONTINUE USE OF THE SITE AND/OR OUR PROGRAMS IMMEDIATELY.

These terms of use, in conjunction with our Privacy Policy, Cancellation and Refund Policy, Community Guidelines, Disclaimers, Change Notice and any other similarly posted terms and/or notices constitute a legally binding agreement (the “TERMS”) entered into between you (“You” or “User”) and Owensboro Atlas Center (each a “Party” and collectively the “Parties”) and governs your access to and use of our Site and Programs, whether as a guest or registered user. Please note that certain purchases may be additionally subject to the terms and conditions of their respective Purchase Agreement as provided at the time of purchase, and required to be signed prior to the acceptance of payment for such purchases.

ACCESS AND USE
Our Site and Programs are intended to be utilized by adults. By accessing our Site and/or Programs, you affirm that you are at least eighteen (18) years old or the legal age of majority in your state or province of residence, have read and understand this Agreement and agree to its Terms, and have the legal capacity to enter into a binding Agreement with Owensboro Atlas Center.

We may permit access to the Site or Programs by children, however such requires the consent of a parent or guardian; and any Program purchases are required to be initiated by a consenting adult authorized to purchase with an approved method of payment. We reserve the right to refuse service, terminate access or accounts, remove or edit content or cancel orders in our sole discretion..

GEOGRAPHICAL RESTRICTIONS
The Site and Programs are restricted from being sold in or accessed from certain geographical areas, including but not necessarily limited to: Afghanistan, China, Croatia, Egypt, Georgia, Greece, India, Indonesia, Israel, Malaysia, Mexico, Pakistan, Philippines, Romania, Russia, Saudi Arabia, South Africa, Turkey and restricted from being sold in Utah, US.

Bypassing geographical restrictions or geo-blocking through any means is prohibited and considered to be a violation of these Terms. Any exception to geographical restrictions requires express written consent from Owensboro Atlas Center.

 

PRIVACY
To understand our privacy practices, please review our Privacy Policy Statement.

CONSIDERATION
You agree that these Terms are supported by reasonable and valuable consideration, the receipt and adequacy of which you hereby acknowledge, including, without limitation, your access to and use of the Site and our Programs, along with any related materials and information available at or through the Site.

CODE OF CONDUCT
As part of the use of this site, you may be included in events, groups or communities of the Company’s where you may have opportunity to interact with team members, associates, clients or affiliates of the Company. As such, you are expected to adhere to any relevant codes of conduct or rules of engagement as published by the Company. The Company will make its best effort to post governing codes of conduct, however at its discretion, the Company reserves the right to remove access to such events, groups or communities where Clients are abusive or demonstrate behavior it deems worthy of restriction. At the Company’s discretion, the Company reserves the right to substitute a similar and comparably valued product or service to fulfill the obligations of this Agreement. Restriction for a code of conduct violation or abuse are not necessarily cause for cancellation, and do not warrant the return of funds for this Purchase.

DELIVERY
The Owensboro Atlas Center digital training product is delivered immediately, once payment has successfully processed. As part of the checkout (purchase) process, you will create your membership account and provide certain details/personal information; following completion of which you will receive an email at the address provided containing your login credentials and necessary links to access your account and your digital training product. Any other products or services will be delivered pursuant to the terms and conditions contained in their relevant Purchase Agreement.

CANCELLATION AND RIGHT TO RESCIND
All purchases are subject to Owensboro Atlas Centers Cancellation Policy, which is accessible by clicking here.

USE RESTRICTIONS
All content contained on the Site and/or in our Programs (collectively, “Content“), such as text, graphics, logos, icons, images, audio and video content, digital downloads, data or software, is our property or property or our licensors/licensees; the compilation of which is Owensboro Atlas Center’s exclusive property and is protected by United States and international copyright laws, treaties and conventions. All software used on the Site or as part of our Programs is our property or the property of our software suppliers and protected by United States and international copyright laws, treaties and conventions.

Any trademarks, service marks, graphics, logos, page headers, icons, scripts and trade names (each a “Mark“) contained on the Website are proprietary to us or our licensors/licensees. Our Marks may not be used in connection with any product or service that is not ours in any manner that is likely to cause confusion among users or that disparages or discredits us or anyone else. All other Marks not owned by us that appear on the Website are the property of their respective owners, who may or may not be affiliated with us.

We grant you a limited license to access and make personal use of the Site and/or our Program. No Content of the Site or any other website or mobile application owned, operated, licensed, or controlled by us may be copied, reproduced, republished, downloaded (other than page caching), uploaded, posted, transmitted or distributed in any way, or sold, resold, visited, or otherwise exploited for any commercial purpose.

The license granted to you does not include, and specifically excludes, any rights to resell or make any commercial use of our Site, Content or Programs, collect and use any product listings, descriptions, or prices, make any derivative use of the Site, Content or Programs, download or copy account information for the benefit of anyone else; or use any form of data mining or data gathering and extraction tools. You may not frame, or utilize framing techniques to enclose, any Mark, Content or other proprietary information, or use any meta tags or any other “hidden text” utilizing any such intellectual property, without our (and each applicable owner’s ) express written consent.

Any unauthorized use automatically terminates the license granted to you hereunder. You are granted a limited, revocable, and non-exclusive right to create a hyperlink only to our home page provided that the link does not portray us or our licensors or licensees, or their respective products or services, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of our or any such party’s intellectual property as part of the link without our and each such party’s express written consent.

CONTENT OWNERSHIP
Owensboro Atlas Center content ownership. The contents of this website are protected by US and International copyright laws. Any custom work whether logos, graphics, icons or otherwise are registered trademarks. Owensboro Atlas Center does not grant you rights to use these trademarks for your own purposes. The placement of the Owensboro Atlas Center logo on any third-party site does not automatically imply our consent or endorsement.

Any and all data provided on this website is to be used for information purposes only; it is not intended to provide specific legal, financial or tax advice. The Information provided in our website should not be treated as all-inclusive, users are encouraged to draw their own conclusion that best fits their business needs or to consult with their own tax, financial or legal advisors where necessary.

User or Affiliate content ownership. Under no circumstances is Owensboro Atlas Center responsible for any content generated by its users or affiliates using the tools or services available on the site. Owensboro Atlas Center bears no obligation to audit the content produced by its users or affiliates, although Owensboro Atlas Center Affiliates are subject to the Owensboro Atlas Center Affiliate Agreement and Affiliate Code of Conduct.

Users and Affiliates are advised to consider the implications of their own production, as in case of any legal or judicial backlash the user would hold complete and sole liability.

Owensboro Atlas Center is not necessarily affiliated with any/all sites that may be linked, and therefore bears no responsibility for content located on third party sites. The sites are linked for the convenience of the User, and should be accessed at the User’s own risk. Any links or references to other websites, products, services or publications do not imply any endorsement or approval, other than its subsidiaries and affiliates. Certain names, graphics, logos, icons, designs, words, titles or phrases at this website may constitute trade names, trademarks or service marks of Owensboro Atlas Center or other entities.

The display of trademarks on this website does not imply that a license of any kind has been granted. Any unauthorized downloading, re-transmission or other copying or modification of trademarks and/or the contents herein may be a violation of federal common law trademark and/or copyright laws and could subject the copier to legal action.

USE AND PROTECTION OF ACCESS AND CREDENTIALS
Users of the Site may be assigned a user name and password (“Credentials”) in order to access certain areas of the Site and/or Programs. Assignment of Credentials deems User to be authorized to access the Site and/or Programs. User acknowledges and agrees that User is solely responsible for all access to and use of the Site and/or Programs, including any and all communications and transmissions, financial obligations and purchases made through the Site, by anyone using the Site and/or Programs using the Credentials assigned to you, whether or not such access or use was authorized by you, which results from such access or use. As the User, you are solely responsible for protecting the security and confidentiality of your Credentials, and shall immediately notify Owensboro Atlas Center of any unauthorized use or disclosure, breach or threatened breach of the security to the Site and/or Programs which you are or become aware of. In short, YOU are responsible for any and all activity conducted using your Credentials.

SYSTEM REQUIREMENTS
Access to the Site and/or Programs may require internet access, audio/video software or a compatible player or device (“ Systems”). Such Systems may require you to obtain updates/upgrades periodically in order to continue effective use. Your ability to access or use the Site and/or Programs may be affected by the performance of such Systems. You acknowledge and agree that it is your sole responsibility to comply with the system requirements of your Systems, and acknowledge that such System use, updates or maintenance may result in fees separate and in addition to any fees incurred by Owensboro Atlas Center, and such fees are the sole responsibility of the User.

DISCLAIMERS
The products and services provided through this Site and our Programs are for information and educational purposes; we do not sell income or business opportunities. Recommendations are provided for your consideration and you are under no obligation to purchase any product or service; any and all decisions to purchase should be made by you based on your own due diligence. To see our complete Disclaimers, click here.

USER-GENERATED CONTENT
While accessing the Site or participating in Owensboro Atlas Center. Programs, you may elect to post reviews, comments, photographs, videos, personal information, testimonials, comments, questions or other information (“Content”). Such Content may not be: illegal, obscene, threatening, defamatory, infringing on intellectual property rights, otherwise injurious to Owensboro Atlas Center or other third parties, political campaigning, solicitation, impersonating or any form of spam or otherwise inappropriate (as determined by Owensboro Atlas Center) (“Restricted Content”). Owensboro Atlas Center reserves the right, but is not obligated, to monitor, edit or remove any Content from its Site based on its sole determination as to what constitutes Restricted Content, and reserves all rights to remove or edit any such Content, or escalate such Content to relevant third-parties or governing authorities where it deems appropriate.

Users should not post or submit any Content they do not intend to be subject to the User-Generated Content License described herein. The Content described above combined with anything you post or send to us hereafter is collectively referred to as “User-Generated Content.” If you post or send any User-Generated Content to us, whether intentionally or unintentionally, we shall have the unrestricted rights to the use such User-Generated Content, including your name or alias, for any and all purposes whatsoever, commercial or otherwise, without any further permission from, or any payment to, you or anyone else. We and our designees also shall have the right (but no obligation) to use the name that you submit, as well as any other name by which you are or may be known, in connection with User-Generated Content. Without limiting the generality of the foregoing, you hereby unconditionally grant to us a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable universal license to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, download, edit, alter, modify, adapt, translate, create derivative works based upon and publicly perform User-Generated Content, in whole or in part, by all means and in all media now known or hereafter devised for any and all purposes without further notice to you and with or without attribution (the “User-Generated Content License“). You agree to the User-Generated Content License whether or not your User-Generated Content is used by us.

You represent, warrant and agree that: you own or otherwise control all of the rights to all User-Generated Content that you post or send to us; that all such User-Generated Content is accurate; use of such User-Generated Content does not violate these Terms of Use, our Privacy Policy or the rights of any third party and will not cause injury to anyone; and you will indemnify us and our affiliates and designees from and against all claims arising out of, resulting from or relating to any such User-Generated Content. We have the right (but no obligation) to monitor, edit or remove any activity or content involving you. We have no responsibility, and assume no liability, for any User-Generated Content posted or sent by you or by anyone else.

You agree that User-Generated Content will not be subject to any expectation of trust or confidence between us and that no confidential, legal, medical or fiduciary relationship is intended or created between you and Owensboro Atlas Center.

Each time that you access the Site, or post or submit User-Generated Content, you agree that the User-Generated Content License is ratified and confirmed with respect to such User-Generated Content and all User-Generated Content previously posted or submitted by you.

Posts and submissions are also subject to our Community Guidelines, which are accessible here.

DISCLAIMER OF WARRANTIES
The materials on this Site are provided as-is and without warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, Owensboro Atlas Center disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. This site does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. Owensboro Atlas Center does not warrant or make any representations regarding the use or the results of the use of the Site in terms of their correctness, accuracy, reliability, or otherwise. You (and not Owensboro Atlas Center) assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Under no circumstances, including, but not limited to, negligence, shall this Site, Owensboro Atlas Center, product creators, trademark owners nor other associated entities or individuals not specifically listed be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this Site, even if this Site or an authorized representative of this Site has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

 

In no case shall Owensboro Atlas Center be held responsible for any loss or other damages caused by the use and misuse of, or inability to use any or all of the information described on its Site. If you or an individual you know has any ongoing health issues, please consult with your primary care physician before making any drastic lifestyle or health-related changes.

In no event shall this Site’s total liability to you for all damages, losses, and causes of action (whether in contract, tort, including but not limited to, negligence or otherwise) exceed the amount paid by you, if any, for accessing products and/or services from this site.
 

By using the Site, you acknowledge and agree that continued use of the Site constitutes a release of liability and expressly agree to discharge all indemnified parties (as defined herein) from any and all claims or causes of action, and you agree to voluntarily and irrevocably waive and release any right that you may otherwise have to bring a legal action against any indemnified party for personal injury or property damage. Certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages; is such jurisdictions apply to you, you may have additional rights.

ELECTRONIC COMMUNICATIONS
When you access our Site, message through our Communities, send emails to Owensboro Atlas Center or otherwise subscribe, you are communicating with us electronically, and consent to receive electronic communications from us. We will communicate with you electronically either via email or by posting notices on the Site; by using the Site you agree that any such agreements, notices, disclosures and other communications provided by us to you electronically satisfy any legal requirement that such communications be in writing.

SMS, MMS, Texting.
Users are not required to opt in to any promotional message subscription in order to use or make a purchase from owensboroatlascenter.com. Promotional text messages are completely optional and not a requirement. As a user you will only receive promotional text messages if you opt in through online or application-based enrollment forms. Regardless of the opt in method utilized to opt in, you agree that these terms apply to your participation. Message and data rates may apply. Reply “STOP” to end and “HELP” for help. Users opting in must understand and agree that any other method of opting out, including but not limited to texting words other than those set forth above or verbally requesting Owensboro Atlas Center remove you from a list is not a reasonable means of opting out.

By opting in, you agree to receive auto dialed or prerecorded messages at the phone number associated with your opt in. While you consent to receive messages sent using an autodialer, the foregoing shall in no way be interpreted to suggest or imply that any or all of our mobile messages are sent using an autodialer.

Promotional emails.

Due to the digital nature of our product(s), users are required to provide an email address in order to make a purchase or gain access to the Site, and as such, the Company may communicate with you regarding fulfillment of your order. Promotional emails are completely optional and are not a requirement. As a user, you will only receive promotional emails if you opt in through online or application-based enrollment forms. Regardless of the opt in method used to opt in, you agree that these terms apply to your participation. To unsubscribe from an email list to which you have subscribed, follow the unsubscribe link/instructions contained in the email.

Users who have purchased or set up an account with Owensboro Atlas Center may receive electronic communications and/or text messages and/or telephone calls as part of their purchase which are not considered to serve a ‘promotional’ purpose; such communications are for fulfillment related to a purchase.

GOVERNING LAW AND VENUE
This Agreement and any issue or dispute arising out of or otherwise related to access or utilization of the Site or Owensboro Atlas Center’s products and services, or any other matter concerning Owensboro Atlas Center shall be governed exclusively by the laws of the State of Nevada. To the extent that any claim or dispute is found by the arbitrator or (if proper) a court of competent jurisdiction to be excluded from the arbitration agreement in the Arbitration clause of this Agreement below, the parties agree any such claim or dispute shall be exclusively brought in and decided by the state or federal courts located in Clark County, Nevada, and you hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, such courts, and forever waive any challenge to said courts’ exclusive jurisdiction or venue. All such claims must be brought on an individual and non-class, non-representative basis, and you forever waive any right to bring such claims on a class wide or representative basis.

To the extent you have, in any manner, violated or threatened to violate any component of this Site and/or Owensboro Atlas Center’s intellectual property, or these Terms, we may seek injunctive relief in the appropriate venue, whether State or Federal, and you consent to exclusive jurisdiction and venue in such court.

ARBITRATION
If you have a complaint or dispute, you agree to first contact us at info@owensboroatlascenter.com to attempt to resolve such complaint or dispute. Any controversy or claim arising related to the use of the Site, any software, product, service, this Agreement or your relationship with Owensboro Atlas Center which can not be resolved through such communications or negotiation within one hundred and twenty (120) days shall be resolved by binding, confidential arbitration administered by the American Arbitration Association (“AAA”) and judgment on the award rendered may be entered in any court having jurisdiction thereof. We agree that any claim we may have against you will also be subject to this arbitration provision, except as provided in the Indemnification clause below. The arbitration will be conducted by a single neutral arbitrator in Clark County, Nevada, unless both parties agree to conduct the arbitration by telephone or written submissions. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with Rules of the AAA. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Arbitration Rules and Procedures, in effect at the time of submission of the demand for arbitration. The AAA’s Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of this Agreement, our Privacy Policy, this arbitration provision, and any other terms incorporated by reference into the Terms of this Agreement. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or Owensboro Atlas Center. The arbitrator shall follow the substantive law of the State of Nevada without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Both parties agree that disputes will only be arbitrated on an individual basis and shall not be consolidated, on a class wide, representative basis, or with any other arbitration(s) or other proceedings that involve any claim or controversy of any other party. Both parties expressly waive any right to pursue any class or other representative action against each other

Failure or any delay in enforcing this arbitration provision in connection with any particular claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims except that all claims must be brought within one (1) year after the claim arises (such period includes the one hundred and twenty (120) day informal resolution procedures described above). This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s Rules. In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.

Except where prohibited by law, you agree that any claim that you may have in the future must be resolved through final and binding arbitration. You acknowledge and agree that you are waiving your right to trial by jury, and agree to have any claims decided individually and only through final, confidential and binding arbitration in accordance with this provision.

INDEMNIFICATION
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Owensboro Atlas Center, its managers, officers, employees, independent contractors, subcontractors, suppliers, affiliates, parent and/or sister companies, subsidiaries, and agents from and against any and all claims, actions, loss, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to attorneys’ fees and costs of any litigation or other dispute resolution, arising out of, resulting from, or in any way connected with or related to (1) your use, misuse, or attempt to use the Site, software, products, or services, (2) information you submit or transmit through the Site, (3) your breach of these Terms of this Agreement, or the representations and warranties provided by you in this Agreement, or (4) your violation of any law or the rights of a third-party.

ASSIGNMENT
Owensboro Atlas Center may assign its rights under this Agreement at any time, and without notice to you. Your rights under this agreement may not be assigned without our express written consent

FORCE MAJEURE
Owensboro Atlas Center shall not be responsible for any delay, damage or failure caused by any act of nature or other causes beyond our reasonable control.

SEVERABILITY
If any provision of this Agreement is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby and shall continue in full force and effect and such provision may be modified or severed from this Agreement to the extent necessary to make such provision enforceable and consistent with the remainder of the Agreement.

TERMINATION
These Terms this Agreement are effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from the Site and all related documentation and all copies and installations thereof, whether made under the Terms of this Agreement or otherwise. This Agreement will terminate immediately without notice at our sole discretion, should you fail to comply with any term or provision of this Agreement. Upon termination, you must destroy all materials obtained from this site and all copies thereof, whether made pursuant to this Agreement or otherwise.

OWENSBORO ATLAS CENTER AGREEMENT
These Terms in conjunction with the Privacy Policy and any other policies or operating rules posted by us on or in respect to the Site constitutes the entire agreement and understanding between you and Owensboro Atlas Center, and governs your access to and utilization of the Site and your purchase or attempted use of any such product or service, and supersedes any prior or contemporaneous agreements, representations, communications and proposals, whether written or otherwise, between the Parties. We may, at our sole discretion, offer new products, services and/or features through the Site. Such new products, services and/or features shall be subject to these Terms and any other policies or operating rules posted by us on or in respect to the Site. Any ambiguities in the interpretation of these Terms shall not be construed against Owensboro Atlas Center.

CONTACTING OWENSBORO ATLAS CENTER
We pride ourselves on delivering fast and courteous customer service. Users are encouraged to contact us with any questions or concerns. Support is available via telephone during normal business hours, Monday through Thursday between 9:00 am - 6:00 pm CST at (270)925-1553, or via email at info@owensboroatlascenter.com. Communications via US Mail may be submitted to Owensboro Atlas Center, LLC, 3032 Alvey Park Drive West, Suite 100, Owensboro, KY 42303.