TERMS AND CONDITIONS
These Terms and Conditions (“Terms”) govern Your access to and use of this Website and the Services provided by Amergent Techs, Inc. (“We”, “Us”, or “Our”). By accessing or using the Website, creating an Account, or purchasing Services, You agree to be bound by these Terms. If You do not agree to these Terms, you should stop using the Website and Services immediately.
These Terms apply to all Users of the Website, including individuals and entities accessing or purchasing Services for professional, business, or commercial purposes.
These Terms apply to all Users of the Website, including individuals and entities accessing or purchasing Services for professional, business, or commercial purposes.
No part of the Website constitutes a binding offer capable of acceptance. Any order You submit constitutes an offer to purchase Services. A binding contract is formed only when We send You an order confirmation by email confirming acceptance of Your order.
1. DEFINITIONS AND INTERPRETATION
In these Terms and Conditions, the following terms shall have the meanings set out below:
- “Account” means the account created by a User to access Paid Content, Services, or communications features on the Website.
- “Business Day” means any day other than a Saturday, Sunday, or public holiday observed in the State of California, United States.
- “Business Hours” means 9:00 a.m. to 5:00 p.m., Pacific Time (U.S.), on a Business Day.
- “Content” means any text, graphics, images, audio, video, software, data compilations, or other information made available on or through the Website.
- “Facilities” means any online facilities, tools, services, or information that Amergent Techs, Inc. makes available through the Website, whether now or in the future.
- “Services” means the online training, courses, educational content, and related services provided by Amergent Techs, Inc. through the Website.
- “Payment Information” means any details required to purchase Services through the Website, including but not limited to credit or debit card information or other payment method details.
- “Premises” means Our physical place(s) of business, currently located at 3361 Cerritos Ave, Los Alamitos, CA 90807, or such other physical locations as We may operate from time to time.
- “System” means any online communications or technical infrastructure made available by Amergent Techs, Inc. through the Website, including but not limited to email, messaging features, discussion forums, and chat facilities.
- “User” or “Users” means any individual or entity that accesses or uses the Website or Services and is not an employee or authorized representative of Amergent Techs, Inc. acting in that capacity.
- “Website” means academy.amergenttechs.com and any sub-domains thereof, unless expressly excluded by their own terms and conditions.
- “We”, “Us”, or “Our” means Amergent Techs, Inc., a California corporation, with its principal place of business at 3361 Cerritos Ave, Los Alamitos, CA 90807.
2. AGE RESTRICTIONS
The Website and Services are intended for use by individuals 18 years of age or older. Individuals under the age of 18 may use the Website only with the involvement and supervision of a parent or legal guardian. Any Payment Information used must be provided by, or with the authorization of, a parent or legal guardian.
3. BUSINESS CUSTOMERS
These Terms and Conditions apply to all Users, including individuals and entities procuring Services for business, professional, or commercial purposes. Where Services are purchased on behalf of an organization, the individual placing the order represents and warrants that they have authority to bind that organization to these Terms.
4. INTELLECTUAL PROPERTY
4.1 Ownership All Content made available on the Website or through the Services, unless submitted by Users, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, page layouts, underlying code, and software, is owned by or licensed to Amergent Techs, Inc. or its licensors and is protected by applicable United States and international intellectual property laws.
4.2 Restrictions Except as expressly permitted by these Terms or by applicable law, You may not copy, reproduce, modify, distribute, transmit, display, perform, publish, license, create derivative works from, or otherwise exploit any Content without Our prior written consent.
5. THIRD PARTY INTELLECTUAL PROPERTY
5.1 Third-Party Content Certain Content made available through the Website or Services may be owned by third parties. All intellectual property rights in such content remain with the respective owners.
5.2 Use of Third-Party Content You may not reproduce, distribute, or otherwise use third-party content except as expressly permitted by the applicable owner or by law.
6. FAIR USE OF INTELLECTUAL PROPERTY
Limited use of material from the Website may be permitted without Our prior written consent only to the extent allowed under applicable United States copyright law, including the doctrine of fair use under Section 107 of the U.S. Copyright Act.
Except as expressly permitted by law or authorized by Us in writing, no part of the Website, Content, or Services may be copied, reproduced, modified, distributed, transmitted, displayed, performed, or otherwise used for commercial or non-commercial purposes.
7. LINKS TO OTHER WEBSITES
The Website may contain links to third-party websites or resources. Such links are provided for convenience only. We do not control, endorse, or assume responsibility for the content, policies, or practices of any third-party websites. Access to any third-party website is at Your own risk.
8. LINKS TO THIS WEBSITE
We reserve the right to withdraw linking permission without notice if, in Our sole discretion, any link to the Website does not comply with this section.
You may link to the Website, provided that such link:
- Is fair, lawful, and not misleading;
- Does not falsely imply any form of association, approval, or endorsement by Us; and
- Does not damage or take unfair advantage of Our reputation.
We reserve the right to withdraw linking permission without notice if, in Our sole discretion, any link to the Website does not comply with this section.
If you have questions regarding linking to the Website, please contact Us by email at training@amergenttechs.com.
9. USE OF COMMUNICATIONS FACILITIES
9.1 Acceptable Use When using any communication tools, forums, messaging features, or other interactive features made available through the Website or Services (collectively, the “Communications Facilities”), You agree to use them in a lawful, respectful, and appropriate manner. We reserve the right to suspend or terminate access to the Communications Facilities or Your Account for violations of this section.
9.2 Prohibited Conduct You must not use the Communications Facilities to:
- Submit content that is unlawful, abusive, threatening, defamatory, harassing, discriminatory, obscene, or otherwise objectionable;
- Promote or incite violence or illegal activity;
- Infringe the intellectual property or other rights of any person or entity;
- Impersonate any individual or entity, including Our employees, instructors, or representatives;
- Send unauthorized or unsolicited communications, including spam or junk messages.
9.3 Monitoring We reserve the right, but do not assume the obligation, to monitor communications made through the Communications Facilities to ensure compliance with these Terms and applicable law.
9.4 User Content By submitting content through the Communications Facilities, You grant Us a non-exclusive, royalty-free, worldwide license to use, reproduce, and display such content solely for purposes related to providing and operating the Services.
10. ACCOUNTS
10.1 Account Registration To access certain Services, You may be required to create an Account. You agree to provide accurate, current, and complete information and to keep such information up to date.
10.2 Account Security You are responsible for maintaining the confidentiality of Your login credentials and for all activities that occur under Your Account. We are not responsible for losses resulting from unauthorized use of Your Account where You have failed to safeguard Your credentials.
10.3 Unauthorized Use If You believe that Your Account has been accessed or used without authorization, You must notify Us promptly by email. We may suspend access to the Account while investigating the issue.
10.4 Account Use You agree to use Your Account in compliance with these Terms and all applicable laws. Failure to do so may result in suspension or termination of Your Account.
11. TERMINATION AND CANCELLATION OF ACCOUNTS
11.1 Termination by You You may terminate Your Account at any time by contacting Us by email. Termination of an Account does not automatically entitle You to a refund, which is governed by Our cancellation and refund policies.
11.2 Termination by Us We may suspend or terminate Your Account at any time, with or without notice, if We reasonably believe that You have violated these Terms, engaged in unlawful conduct, or used the Services in a manner that could harm Us or other users.
11.3 Effect of Termination Upon termination of Your Account, access to the Services may be immediately suspended or discontinued. Any outstanding obligations incurred prior to termination shall survive.
12. SERVICES, PRICING, AND AVAILABILITY
12.1 Service Descriptions We make reasonable efforts to ensure that descriptions of the Services on the Website are accurate and up to date. However, the exact nature and content of the Services may vary based on Your selections, requirements, or updates to the Services. Minor variations or changes shall not constitute a material breach of these Terms.
12.2 Service Plans Where applicable, You may be required to select a specific service plan, course, or access option as part of Your order.
12.3 Availability Services are subject to availability. We do not guarantee that any Service will be available at all times, and access may be limited, suspended, or modified due to scheduling, maintenance, capacity limits, or other operational requirements.
12.4 Pricing All prices displayed on the Website are shown in the applicable currency and are subject to change at any time prior to order confirmation. We reserve the right to modify pricing, discontinue Services, or alter promotional offers at Our discretion.
12.5 Price at Order Confirmation If pricing changes after You submit an order but before the order is confirmed, the price in effect at the time of order confirmation will apply.
13. ORDERS AND PROVISION OF SERVICES
13.1 Formation of Contract No part of the Website constitutes a binding offer capable of acceptance. Your submission of an order constitutes an offer to purchase the Services. A binding contract is formed only when We send You an order confirmation by email.
13.2 Order Confirmation Order confirmations will be sent to You by email prior to the commencement of the Services and will include, where applicable:
- Confirmation of the Services ordered and their main characteristics;
- Pricing details, including applicable taxes and fees;
- Relevant dates, access periods, or schedules for the Services; and
- Information required to access the Services, including login credentials where applicable.
13.3 Payment Payment for the Services is due at the time of order unless otherwise stated. Payments are processed via Our authorized payment processor. By submitting an order, You authorize Us to charge the applicable fees using Your selected payment method.
13.4 Provision of Services We will use commercially reasonable efforts to provide the Services in accordance with the order confirmation and with reasonable skill and care consistent with generally accepted industry standards.
13.5 Service Availability and Timing Dates, access periods, and schedules for Services are provided for planning purposes. While We aim to deliver Services as scheduled, dates and timelines are not guaranteed unless expressly stated as such in writing.
13.6 Errors and Non-Conforming Services If the Services provided do not materially conform to Your order, You must notify Us promptly by email. We will use reasonable efforts to correct any verified error within a reasonable timeframe.
13.7 Additional Terms Certain Services may be subject to additional terms and conditions. Where applicable, You will be required to review and accept such terms prior to accessing those Services.
13.8 Technical Support We may provide technical support through online resources or email. While We make reasonable efforts to respond in a timely manner, We do not guarantee specific response times.
14. CANCELLATION OF ORDERS AND SERVICES
Certain fees may be waived at Our discretion if the cancelled seat can be filled.
14.5 Refund Processing Where a refund is due under this section, it will be issued to the original payment method within a reasonable time following confirmation of cancellation, less any applicable fees.
14.6 Service-Specific Terms Certain Services may be subject to additional or alternative cancellation terms, which will be disclosed at the time of purchase. In the event of a conflict, the Service-specific terms shall control.
We understand that circumstances may arise that require You to cancel an order for Services. Cancellation rights and any applicable refunds depend on the type of Service purchased, as set out below, and any Service-specific terms presented at the time of purchase.
14.1 No Cooling-Off Period Amergent Techs, Inc. does not offer a statutory or voluntary cooling-off period. All orders are considered final once confirmed, subject only to the cancellation terms expressly stated in this section.
14.2 Self-Paced and On-Demand Training Self-paced, on-demand, and computer-based training (“CBT”) Services provide immediate access to digital content upon purchase. Once access to such Services has been granted, all sales are final and non-refundable, except where required by applicable law. No refunds, credits, or transfers will be provided for partially completed or unused self-paced content.
14.3 Instructor-Led and Scheduled Training Instructor-led, virtual instructor-led, and in-person training Services are scheduled services with limited capacity. If You have registered and paid for a scheduled Service but are unable to attend, You must notify Us of Your cancellation by email at training@amergenttechs.com. Cancellations are effective as of the date and time the notice is received. Failure to attend a scheduled Service without prior cancellation (“no-show”) will result in no refund. No make-up sessions, credits, or partial refunds will be provided for missed classes or late attendance.
14.4 Cancellation Fees for Scheduled Services All cancellations of scheduled Services are subject to a non-refundable processing fee of $25.00. Additional cancellation fees apply based on the date We receive notice of cancellation, as follows:
14.2 Self-Paced and On-Demand Training Self-paced, on-demand, and computer-based training (“CBT”) Services provide immediate access to digital content upon purchase. Once access to such Services has been granted, all sales are final and non-refundable, except where required by applicable law. No refunds, credits, or transfers will be provided for partially completed or unused self-paced content.
14.3 Instructor-Led and Scheduled Training Instructor-led, virtual instructor-led, and in-person training Services are scheduled services with limited capacity. If You have registered and paid for a scheduled Service but are unable to attend, You must notify Us of Your cancellation by email at training@amergenttechs.com. Cancellations are effective as of the date and time the notice is received. Failure to attend a scheduled Service without prior cancellation (“no-show”) will result in no refund. No make-up sessions, credits, or partial refunds will be provided for missed classes or late attendance.
14.4 Cancellation Fees for Scheduled Services All cancellations of scheduled Services are subject to a non-refundable processing fee of $25.00. Additional cancellation fees apply based on the date We receive notice of cancellation, as follows:
- 4 weeks or less prior to the Service start date: $50.00
- 3 weeks or less prior to the Service start date: 25% of the Service fee
- 2 weeks or less prior to the Service start date: 50% of the Service fee
- Within 7 days of the Service start date: No refund
Certain fees may be waived at Our discretion if the cancelled seat can be filled.
14.5 Refund Processing Where a refund is due under this section, it will be issued to the original payment method within a reasonable time following confirmation of cancellation, less any applicable fees.
14.6 Service-Specific Terms Certain Services may be subject to additional or alternative cancellation terms, which will be disclosed at the time of purchase. In the event of a conflict, the Service-specific terms shall control.
15. PRIVACY
Your use of the Website and Services is governed by Our Privacy Policy, which is incorporated into these Terms by reference. The Privacy Policy is available at academy.amergenttechs.com/privacy.
16. HOW WE USE YOUR PERSONAL INFORMATION
We collect and use personal information in accordance with Our Privacy Policy and applicable United States privacy laws.
Without limiting the Privacy Policy, We may use Your personal information to:
- Provide and administer the Website and Services;
- Process payments and transactions;
- Communicate with You regarding Your Account, Services, or updates; and
- Send marketing communications where permitted by law, and subject to Your opt-out rights.
We do not sell Your personal information and do not share it with third parties except as described in the Privacy Policy or as required by law.
17. DISCLAIMERS
The Website and Services are provided on an “as is” and “as available” basis, to the fullest extent permitted by law.
We do not warrant or represent that:
- The Website or Services will meet Your requirements or expectations;
- The Website or Services will be uninterrupted, timely, secure, or error-free;
- Any information provided through the Website or Services will be accurate, complete, or current; or
- Any specific results will be achieved through use of the Services.
The Website and Services are provided for educational and informational purposes only and do not constitute professional, legal, financial, or other advice. You acknowledge that any reliance on information obtained through the Website or Services is at Your own risk.
While We take reasonable measures to maintain the security of the Website, You are responsible for maintaining appropriate safeguards for Your devices, systems, and internet connections.
18. CHANGES TO THE FACILITIES AND THESE TERMS
We reserve the right to modify or discontinue the Website, Content, Services, or these Terms at any time. Changes to these Terms will be effective upon posting to the Website, unless otherwise stated.
Your continued use of Facilities, including the Website or Services, after changes are posted constitutes Your acceptance of the revised Terms. Changes will not apply retroactively to orders that have already been confirmed unless required by law.
19. AVAILABILITY OF THE WEBSITE
The Website may be unavailable from time to time due to maintenance, updates, or factors beyond Our reasonable control. We do not guarantee uninterrupted availability of the Website or Services.
To the fullest extent permitted by law, We disclaim any obligation to provide refunds, credits, or compensation for interruptions, delays, or temporary unavailability of the Website or Services.
20. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law:
20.1 In no event shall Amergent Techs, Inc., its officers, directors, employees, contractors, or affiliates be liable for any indirect, incidental, consequential, special, or exemplary damages, including but not limited to loss of profits, loss of data, business interruption, or reputational harm, arising out of or related to Your use of or inability to use the Website or Services, even if We have been advised of the possibility of such damages.
20.2 Our total cumulative liability for any claims arising out of or relating to the Website or Services shall not exceed the total amount paid by You to Us for the Services giving rise to the claim in the twelve (12) months preceding the event giving rise to liability.
20.3 Nothing in these Terms excludes or limits liability that cannot be excluded under applicable law, including liability for fraud or willful misconduct.
20.4 If any provision of this section is found to be unenforceable, that provision shall be severed, and the remaining provisions shall remain in full force and effect.
21. NO WAIVER
No failure or delay by either party in exercising any right, power, or remedy under these Terms shall operate as a waiver of that right, power, or remedy. Any waiver must be in writing and signed by the party granting it.
22. PREVIOUS TERMS AND CONDITIONS
These Terms supersede and replace all prior or contemporaneous versions of terms and conditions governing Your use of the Website or Services, unless expressly stated otherwise in writing.
23. THIRD-PARTY RIGHTS
These Terms are entered into solely between You and Amergent Techs, Inc.. No third party shall have any rights to enforce any provision of these Terms.
24. COMMUNICATIONS
24.1 Notices to Us All notices or other communications must be provided to Us by email at training@amergenttechs.com. Notices sent by email will be deemed received on the Business Day on which they are sent, provided they are sent during Business Hours. Emails sent outside Business Hours or on non-Business Days will be deemed received on the next Business Day. Our physical business address is provided for identification purposes only and is not used for routine correspondence or postal notices unless We expressly state otherwise in writing.
24.1 Notices to Us All notices or other communications must be provided to Us by email at training@amergenttechs.com. Notices sent by email will be deemed received on the Business Day on which they are sent, provided they are sent during Business Hours. Emails sent outside Business Hours or on non-Business Days will be deemed received on the next Business Day. Our physical business address is provided for identification purposes only and is not used for routine correspondence or postal notices unless We expressly state otherwise in writing.
24.2 Communications from Us We may communicate with You by email or by posting notices on the Website regarding Your Account, the Services, or these Terms.
24.3 Marketing Communications Where permitted by law and if You have opted in, We may send You information about Our products and services. You may opt out of marketing communications at any time by using the “Unsubscribe” link included in any such email or by contacting Us at training@amergenttechs.com.
25. LAW AND JURISDICTION
These Terms and Conditions and any dispute or claim arising out of or relating to them or the Services shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to conflict-of-law principles.
You agree that the state and federal courts located in the State of California shall have exclusive jurisdiction to resolve any dispute arising under these Terms.
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