By signing up for any Correctional Clinician Training (“CCT”) Services on the CCT Website, you agree to be bound by the following terms and conditions. (“Terms & Conditions”). If you are agreeing to these Terms & Conditions not as an individual but on behalf of your company or other legal entity, then “Customer” or “you” or “your” shall refer to such entity and its affiliates, and you represent that you have the authority to bind such entity and its affiliates to these Terms & Conditions and you are binding your company to these Terms & Conditions. You shall each be referred to as a “Party” and together as the “Parties” in this Agreement. If you do not have such authority, or if you do not agree with these Terms & Conditions, you must not accept these Terms & Conditions and may not use the documentation, whether printed are available online, provided by CCT in relation with any content or training materials (“Training Material”). CCT reserves the right to review and update these Terms & conditions periodically at its sole discretion.
BY ACCEPTING THIS AGREEMENT, YOU AGREE TO BE BOUND
BY THE TERMS OF THIS AGREEMENT
Service fees can be paid via PayPal ’s secure online payment process. If you elect to pay the fees via PayPal, all major credit and debit cards are accepted. A receipt will be sent to you by email from PayPal confirming payment. PayPal will receive the information needed to verify and authorize your payment card and to process your order and is under strict legal and contractual obligations not to disclose this information to third parties. Please note that if you do not provide accurate details (including type of card and number) or if your credit card company does not authorize payment, your application will be deemed void. CCT will not accept any liability for costs incurred as a result of applications deemed void in this manner.
You may not allow anyone to access CCT products or services via your log-in details. CCT reserves the right to remove anyone from a training course whose behavior is deemed inappropriate by CCT or its trainers. In these circumstances, CCT will neither refund any fees nor reimburse any other costs.
LIMITATION OF LIABILITY
CCT does not accept responsibility for anyone acting as a result of information in, or views expressed on, its training courses including course materials. Opinions expressed are those of individual trainers and not necessarily those of CCT. Participants should take professional advice when dealing with specific situations.
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, CCT SHALL NOT BE LIABLE FOR ANY DAMAGES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) STRICT LIABILITY OR OTHERWISE, THAT RESULT FROM THE USE OF OR INABILITY TO USE THE CCT SITE OR CCT SERVICES, INCLUDING, BUT NOT LIMITED TO, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE CCT SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ANY Force Majeure, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO CCT'S RECORDS, PROGRAMS, OR SERVICES. YOU HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, SOFTWARE, SERVICES AVAILABLE THROUGH THE CCT SITE.
FURTHERMORE, CCT WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THE USE OF THE CCT SITE, SOFTWARE, OR THE USE, PURCHASE OR DOWNLOAD OF ANY CONTENT OR SERVICES, EVEN IF CCT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CCT’S AGGREGATE LIABILITY TO THE OTHER SHALL EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO CCT FOR THE SERVICES GIVING RISE TO A CLAIM.
WARRANTY AND DISCLAIMER
CCT ensures that all our products and services are delivered in a good, workmanlike, timely and professional manner consistent with industry standards. The Services will be performed as described in the Service descriptions. CCT shall provide QUALIFIED trainers to present the training course as it, in its sole discretion, deems fit.
WITHOUT LIMITING THE FOREGOING, CCT DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE CCT SITE; (II) THAT THE CCT SITE OR CCT SOFTWARE AND PROGRAMS WILL BE UNINTERRUPTED OR ERROR-FREE; OR (III) THAT THE CCT SITE, ITS SERVERS, SOFTWARE, CONTENT OR E-MAILS SENT FROM OR ON BEHALF OF CCT ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS OR OTHER HARMFUL COMPONENTS.
CCT DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE CCT SITE OR CCT SERVICES OR ANY RELATED SERVICES. THE OPERATION OF THE CCT SITE, CCT SERVICES AND SOFTWARE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF CCT.
Third-Party Tools, SERVICES OR WEBSITES
CCT employs third-parties to provide you with product and Services. As a result, you may have access to third party websites while accessing CCT’s Website or Services. CCT neither monitors nor has any control over the information, content or security of these third-party tools, services or websites. By agreeing to these Terms and Conditions, you acknowledge and agree that the use of and access to these third-party tools, services or websites are provided without any warranties, representations or conditions of any kind and without endorsement by CCT. You further acknowledge and agree that CCT shall not be liable in any way for the access or use, including your own access or use, of the third-party tools, services or websites.
You agree to defend, indemnify, and hold harmless CCT and its directors, officers and employees from and against any claims, demands, damages, or liabilities (including reasonable attorneys’ fees) arising from a third party claim for bodily injury, wrongful death, damaged property or tangible personal property caused by your access and use of the Services provided by CCT.
OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
All material accessed on CCT’s Website is owned by CCT. All intellectual property rights in all material available, including the content, courses, design, graphics and text of all printed materials and the audio of all courses, webinars and podcasts, are owned by CCT. When you are given access to this material by CCT, you are granted a non-exclusive, non-transferable, revocable license to use the material. None of this material may be copied, reproduced, uploaded, posted, displayed or linked to in any way, in whole or in part, without CCT’s prior express written consent. Any such use is strictly prohibited and will constitute an infringement of CCT’s intellectual property rights. CCT reserves its right to pursue all legal action associated with any such infringement and will be entitled to reasonable attorney’s fees associated with the pursuit of any legal action.
8.1 Cancellation by Customer.
You may cancel your account at any time by emailing CCT at email@example.com. Once cancellation is complete, we will notify you of same via email. Once your account is canceled, you will no longer have access to CCT’s products or services.
8.2 Cancellation by CCT.
CCT reserves the right to modify or cancel its Services for any reason without notice at any time. In the event of cancellation by CCT, you will receive a full refund of fees paid.
Without limitation to all remedies available to CCT, CCT may suspend or terminate your account if CCT suspects or has reason to believe that you have engaged in fraudulent activity in connection with CCT’s Website or Services.
9.1 Notices, Governing Law and Venue.
As indicated in these Terms and Conditions, you are contracting with Correctional Clinician Training (CCT) and you should direct notices under the Terms & Conditions herein to:
Correctional Clinician Training
300 Congress St, Suite 405
Quincy, Massachusetts 02169
This Agreement shall be governed by the laws of Massachusetts. When practicable, all disputes hereunder shall be resolved in the applicable state or federal courts of Massachusetts. The parties consent to the jurisdiction of such courts, agree to accept service of process by mail, and waive any jurisdictional or venue defenses otherwise available.
9.3 Dispute resolution: arbitration
In the event of any controversy or claim arising out of or relating to these Terms & Conditions, the parties hereto shall consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a solution satisfactory to both parties. If the parties do not reach settlement within a period of 60 days, any unresolved controversy or claim arising out of or relating to these Terms & Conditions shall proceed to binding arbitration under the Rules of Arbitration of the International Chamber of Commerce. The parties shall seek to mutually appoint an arbitrator. If the parties cannot agree on a single arbitrator, then there shall be three (3) arbitrators: one selected by each party, and a third selected by the first two. Arbitration will take place in Massachusetts. All negotiations and arbitration proceedings pursuant to this Section will be confidential and treated as compromise and settlement negotiations for purposes of all similar rules and codes of evidence of applicable legislation and jurisdictions. The language of the arbitration shall be English.
Please contact CCT for any questions or requests by emailing CCT at firstname.lastname@example.org
- Force Majeure
Neither party shall be liable to the other for any delay or failure to perform any obligation under these Terms & Conditions (except for a failure to pay fees) if the delay or failure is due to unforeseen events which are beyond the reasonable control of such party, such as a strike, blockade, war, act of terrorism, riot, natural disaster, failure or diminishment of power or telecommunications or data networks or services, or refusal of a license by a government agency.
- Entire Agreement and Severability
This Agreement is the entire agreement between you and CCT relating to the products and services obtained through CCT’s Website and supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the products or services obtained or any other subject matter covered by these Terms & Conditions. If any provision of these Terms & Conditions is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
Revised as of November 25, 2019.