Illustra Group LLC Terms of Service
PLEASE READ THESE TERMS AND CONDITIONS AND CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES.
Welcome to Illustra Pro, a service Illustra Group LLC, a California corporation (“Illustra” ‘we,’ ‘us,’ or ‘our’). Through our website located at www.illustrapro.com and California location, 301 W 28th St, National City, CA 91950, (the “Site/Classroom”), Illustra provides a platform/location for safety courses training and exam preparation in-person and video conference classes (the “Services”). These Terms and Conditions (the “Terms”) set forth the legally binding Terms and conditions applicable to all users and customers of the Site and Services. Please read through these Terms prior to enrolling students as representatives of your company. If you are unsure about any section of these Terms, please contact us at support@illustrapro.com so we can assist you.
Acceptance of Terms:
By registering and/or using the Site in any manner, including by not limited to visiting or browsing the Site or Services, Videoconference/Virtual Instructor Led Training (VILT), you agree to comply with and be legally bound by all the Terms and conditions contained in the Terms. The Terms incorporate our Privacy Policy by reference, which contains information and notices concerning Illustra’s collection and use of your personal and non-personal information and data. Also, it contains the VILT rules which contains information about the expectations and requirements to take the VILT class. Please carefully read these Terms, Privacy Policy, and Class Rules before using the Services. If you do not agree with any or all the provisions set forth in these Terms, you are not authorized to obtain information from or otherwise use the Site or Services. Failure to use the Services in accordance with these Terms may subject you to civil and criminal penalties. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
Changes & Cancellations for All Courses:
All OSHA courses (in-house & VILT) are subject to a 100% fee if the Student joins the class and fills out the Student Information Form as proof of class attendance. Illustra reserves the right to invoice clients for the class fee as we utilize different platforms and resources to comply with OSHA VILT training requirements. Combo classes (OSHA and Fire Watch) will be charged as a Combo Class if both classes are taken same day specified in Illustra’s Calendar (see Illustra Calendar). Any questions about this policy email to: support@illustrapro.com . You may not receive a refund/credit if written notice is not given at least 2 business days in advance. Although Illustra communicates all students about OSHA and Illustra procedures, rules, and regulations, Client has the obligation to communicate the policy and procedures to each Student you enroll. In the event that Illustra cancels a course, you will receive a 100% refund or service shall not be charged, or client can choose to apply your registration fees to another Illustra course.
Illustra and its Service providers reserve the right to postpone or cancel OSHA courses prior to the scheduled course date due to low enrollment (3 students). OSHA intends for OSHA Outreach Training Program training to be participatory. For this reason, OSHA requires OSHA Outreach Training Program authorized trainers to teach at least three (3) Students Per Class (Read OSHA Training Requirements) . In the event that Illustra cancels a course, you will be notified and can receive a 100% refund, or you can choose to apply your registration fees to another Illustra courses. Illustra reserves the right to change instructors at its sole discretion without providing notice to you. No section of these Terms will be affected by a change of instructor, nor will refunds be granted during a change of instructor. Illustra reserves the right to cancel or remove students/participants for the videoconference and/or in-class if they are disruptive or do not follow OSHA and Illustra Class Rules.
Exams and Certifications
At the end of each course, the student will be prompted to take an exam. Upon approval of the OSHA and Fire Watch Exam, a certificate will be issued to each Email Address the student adds to Exam Form. See ClassMarker System Rules.
Terms of Payments
All sales are final, and refunds are not issued for In-Person or Video Conference Courses and Combos.
Illustra and its service providers have a payment term policy due on receipt unless specified in writing and an agreement between Illustra and Client takes place. Late payment of 5% late fees may apply if payment is delayed. Illustra reserves the right to hold students’ certificates or cards until payment is submitted.
Credit Card Disputes & Bounced Checks:
In the event of a bounced check, credit card dispute or a chargeback, a $50 fee will be owed to Illustra, Inc. and by agreeing to these Terms, you agree to authorize Illustra to invoice you and/or charge your account information on file (via ACH or credit card) to settle this $50 fee.
Third Party Information & Services:
You may be able to access, review, display or use third party services, resources, content, or information (“Third Party Materials”) through the Site and during the Course. Such Third-Party Materials may also include links to other websites, services or resources on the Internet, and other Third-Party Materials may also contain links to the Site. As an example, and not as a limitation, as part of the Site, Illustra will permit you to access information and services from businesses and entities that are not owned or operated by Illustra. In such instances, Illustra acts only as the link between you and such businesses. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the services or information received from or provided to such businesses are covered by their customer agreements, Terms, and policies, which are solely between you and such businesses and entities. Illustra makes no representations or warranties of any kind, express or implied, regarding the services or information received from such third parties, and the fact that Illustra makes such information and services available should not be construed as an endorsement of the business or entities, or the services and information they provide. Your ability to access or link to Third Party Materials or third-party services (including, but not limited to JotForm, Classmarker, Zoom, etc.) does not imply any endorsement by Illustra of Third-Party Materials or any such third-party services. By using the Site, you are directing the Site to present to you the Third-Party Materials that you have selected. When you access third party websites, you do so at your own risk, and you acknowledge that content displayed through any such website is the sole responsibility of the entity that makes it available. Third Party Materials and websites are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, availability, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by, or any association with, Illustra. You further acknowledge and agree that we shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such information or services available on or through any such website or resource.
Travel, Lodging, and Other Expenses:
Illustra and its service providers reserve the right to postpone or cancel courses prior to the scheduled course date. Illustra must postpone courses when student registration does not reach the minimum required amount. In the event of a postponed course, we will provide you with alternative dates to transfer into. If you must make your travel arrangements (i.e., airline travel) more than one (1) week prior to the class start, please contact Illustra to ensure that the course has met minimum registration requirements prior to making your travel arrangements.
Tardiness, Early Departures, and In-Class Certification Examination Assistance:
Planned tardiness or early departures must be communicated to Illustra prior to the course start date and time. If you arrive after the posted course start time it is at the instructor’s discretion to deny or grant entry to the class, and you may be subject to a 25% rescheduling fee or may be required to forfeit the training fees in its entirety. For classes that require certification examinations, the instructor may read the examination questions and answers to students but under no circumstances can the instructor write the answers on behalf of any student. This service is provided at the discretion of the instructor and is ultimately mandated by the certifying body (i.e., EPA, NAVSEA OSHA, local States, etc.) and is not under direct control of Illustra. All decisions made in class by the instructor about this policy are final and any student that cannot complete the certification exam is not eligible for a refund. Students are encouraged to call and inquire about any writing or comprehension disabilities prior to purchasing a course, as this is the only way to guarantee a student’s situation can be accommodated.
Disclaimers:
YOU EXPRESSLY AGREE THAT USE OF THE SITE, SERVICES, AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. THE SERVICES AND ANY CONTENT (IF APPLICABLE) PROVIDED THEREIN ARE PROVIDED “AS IS”, “AS AVAILABLE” AND ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, TO THE EXTENT PERMISSIBLE BY LAW.
ILLUSTRA, AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, AND PARTNERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES AND CONTENT IS SOLELY AT YOUR OWN RISK. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL LIABILITY OF ILLUSTRA, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS AND SUPPLIERS HOWSOEVER ARISING FOR ANY LOSS SUFFERED AS A RESULT OF YOUR USE THE SERVICES IS EXPRESSLY EXCLUDED, SAVE THAT, IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT LIABILITY OF ILLUSTRA, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS (AS APPLICABLE) HAS ARISEN, THE TOTAL OF SUCH LIABILITY SHALL BE LIMITED TO THE LESSER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO ILLUSTRA IN CONNECTION WITH THE SERVICES IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE OR LIABILITY OR (ii) IN AGGREGATE TO ONE HUNDRED US DOLLARS ($100.00).
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO COURSE SHALL ILLUSTRA, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS (AS APPLICABLE), BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY OR OTHERWISE (AND WHETHER OR NOT ILLUSTRA, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HAD PRIOR KNOWLEDGE OF THE CIRCUMSTANCES GIVING RISE TO SUCH LOSS OR DAMAGE) WITH RESPECT TO THE SITE AND SERVICE:
- INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES;
- LOSS OF ACTUAL OR ANTICIPATED PROFITS;
- LOSS OF REVENUE;
- LOSS OF GOODWILL;
- LOSS OF DATA;
- LOSS OF ANTICIPATED SAVINGS;
- WASTED EXPENDITURE; OR
- COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES.
NOTHING IN THESE TERMS SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS. 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 SUCH CASES, CHARITY FOOTPRINTS’ LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Indemnification:
You agree to defend, indemnify and hold Illustra, and its affiliates, and each of its and their respective officers, directors, contractors, agents, co-branders, other partners, and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys’ and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise), or investigation made by any third party (each a “Claim”) due to or arising out of: your participation in a Illustra course or workshop or skill learned or explained in a Illustra course or workshop; the courses listed on this Site; your violation of the Terms or this Privacy Policy; your negligence with regards to any procedure taught or explained in Illustra workshop; Illustra shall provide notice to you of any such Claim, provided that the failure or delay by Illustra in providing such notice shall not limit your obligations hereunder. Illustra reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section, and in such case, you agree to cooperate with all reasonable requests in assisting Illustra’s defense of such matter.
Integration and Severability:
These Terms apply to all current features and to new features that are added to the existing Service. These Terms and the Privacy Policy are the entire agreement between you and Illustra with respect to the Service and use of the Site and Services and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Illustra (including, but not limited to, any prior versions of the Terms).
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. The failure of Illustra to enforce any right or provisions of these Terms will not be deemed a waiver of such right or provision. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Governing Law and Jurisdiction:
You and Illustra agree that any cause of action arising out of or related to these Terms or the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
These Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to its conflict of law provisions. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in San Diego, County, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If you are accepting these Terms on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these Terms and any action related thereto will be will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California (excluding choice of law).
Miscellaneous:
We will not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). These Terms are personal to you, and are not assignable, transferable, or sub-licensable by you except with Illustra’s prior written consent. Illustra may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect.
By submitting “confirm enrollment”, you agree to these Terms and Conditions.