Terms of Use
Version 1.0
The Ventura Training Institute website located at www.venturatraininginstitute.com (the “Site”) is a copyrighted work belonging to Ventura Training Institute (“Company,” “we,” “us,” or “our”). Certain features of the Site may be subject to additional guidelines, terms, or rules posted in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms of Use (“Terms”).
These Terms describe the legally binding terms and conditions that govern your use of the Site.
BY LOGGING INTO THE SITE, YOU AGREE TO THESE TERMS and you represent that you have the authority and capacity to enter into these Terms. YOU SHOULD BE AT LEAST 18 YEARS OF AGE TO ACCESS THE SITE. IF YOU DISAGREE WITH ANY PROVISION OF THESE TERMS, DO NOT LOG INTO AND/OR USE THE SITE.
These Terms require the use of arbitration (see Section 10.2) on an individual basis to resolve disputes and limit the remedies available to you. These Terms were created with the help of the Terms Of Use Generator and the Privacy Policy Sample.
On this page
1. Access to the Site
Subject to these Terms, Company grants you a non-transferable, non-exclusive, revocable, limited license to access the Site solely for your own personal, noncommercial use.
2. Certain Restrictions
The rights approved to you in these Terms are subject to the following restrictions:
- You shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site.
- You shall not change, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Site.
- You shall not access the Site in order to build a similar or competitive website.
- Except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site shall be subject to these Terms.
- All copyright and other proprietary notices on the Site must be retained on all copies thereof.
3. Changes to the Site; No Support
Company reserves the right to change, suspend, or cease the Site with or without notice to you. You agree that Company will not be liable to you or any third party for any change, interruption, or termination of the Site or any part.
No Support or Maintenance. You agree that Company has no obligation to provide you with any support in connection with the Site.
4. Intellectual Property
Excluding any User Content that you may provide, you acknowledge that all intellectual property rights in the Site and its content (including copyrights, patents, trademarks, and trade secrets) are owned by Company or Company’s suppliers. These Terms and your access to the Site do not give you any rights, title, or interest in or to any intellectual property rights, except for the limited access rights expressly set forth herein. Company and its suppliers reserve all rights not granted in these Terms.
5. Third-Party Links & Ads; Other Users
Third-Party Links & Ads
The Site may contain links to third-party websites and services, and/or display advertisements for third parties. Such Third-Party Links & Ads are not under the control of Company, and Company is not responsible for any Third-Party Links & Ads. Company provides access to these solely as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to them. You use all Third-Party Links & Ads at your own risk and should apply suitable caution and discretion. When you click any Third-Party Links & Ads, the applicable third party’s terms and policies apply, including privacy and data practices.
Other Users
Each Site user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.
You hereby release and forever discharge Company and our officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, the Site. If you are a California resident, you hereby waive California Civil Code § 1542 in connection with the foregoing.
7. Disclaimers
THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND COMPANY AND OUR SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE AND OUR SUPPLIERS DO NOT GUARANTEE THAT THE SITE WILL MEET YOUR REQUIREMENTS, BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR BE ACCURATE, RELIABLE, VIRUS-FREE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES, SUCH WARRANTIES ARE LIMITED TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
Some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty lasts, so the above exclusion and limitation may not apply to you.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY OR OUR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO AND USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT WILL AT ALL TIMES BE LIMITED TO FIFTY U.S. DOLLARS (US $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
9. Term and Termination
These Terms remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination, your Account and right to access and use the Site will terminate immediately, which may involve deletion of your User Content from our live databases. Company will not have any liability to you for any termination. Even after termination, Sections 2–2.5, Section 3, and Sections 4–10 shall remain in effect.
10. Copyright Policy
Company respects the intellectual property of others and asks that users do the same. We have adopted a policy under 17 U.S.C. § 512(c) (DMCA) that provides for the removal of infringing materials and termination of repeat infringers.
To request removal of allegedly infringing material, please send a written notification to our designated Copyright Agent that includes:
- Your physical or electronic signature;
- Identification of the copyrighted work(s) claimed to be infringed;
- Identification of the material on our services that is claimed to be infringing and that you request us to remove;
- Sufficient information to permit us to locate such material;
- Your address, telephone number, and e-mail address;
- A statement of good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on the owner’s behalf.
Pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a notification subjects the complaining party to liability for damages, costs, and attorney’s fees incurred by us in connection with the notification and allegation of infringement.
11. General; Dispute Resolution
Changes to These Terms
These Terms are subject to occasional revision. If we make substantial changes, we may notify you by e-mail to the last address you provided and/or by prominently posting notice on our Site. You are responsible for providing your most current e-mail address. Changes take effect on the earliest of (a) 30 days after our e-mail notice or (b) 30 days after posting notice on our Site, and immediately for new users. Continued use after notice indicates your agreement to the updated Terms.
Arbitration Agreement
Applicability. All claims and disputes in connection with the Terms or use of any product or service provided by Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis. Unless otherwise agreed, arbitration proceedings shall be held in English. This applies to you and Company and our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, assigns, and all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
Notice & Informal Resolution. Before seeking arbitration, a party must send a written Notice of Dispute to: Ventura Training Institute, 2320 Wankel Way, Oxnard, CA, United States. If the dispute is not resolved within 30 days after receipt, either party may begin arbitration.
Rules. Arbitration shall be initiated through the American Arbitration Association (AAA) or another agreed ADR provider. AAA Consumer Arbitration Rules apply (adr.org or 1-800-778-7879). A single, neutral arbitrator will conduct the arbitration. Claims under US $10,000 may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims ≥ US $10,000, the right to a hearing is governed by the Rules. Any hearing will be held within 100 miles of your residence (or with reasonable notice if outside the United States). Any judgment on the award may be entered in any court of competent jurisdiction. If the arbitrator grants you an award greater than Company’s last settlement offer prior to arbitration, Company will pay you the greater of the award or $2,500. Each party bears its own costs and shares ADR provider fees equally.
Additional Rules for Non-Appearance Arbitration. If elected, arbitration may be conducted by telephone, online, and/or based solely on written submissions unless otherwise agreed.
Time Limits. Arbitration must be initiated within the statute of limitations and any applicable AAA deadlines.
Authority of Arbitrator. The arbitrator will decide the rights and liabilities of you and Company; the dispute will not be consolidated with any other case or party. The arbitrator may grant dispositive motions, award monetary damages, and grant any non-monetary remedy available under applicable law and the Rules. A written award will issue and is final and binding.
Waiver of Jury Trial. THE PARTIES WAIVE THE RIGHT TO A JURY TRIAL.
Waiver of Class Actions. All claims must be arbitrated or litigated on an individual basis; no class or consolidated actions are permitted.
Confidentiality. All aspects of the arbitration proceeding are strictly confidential, except as required by law or to enforce an award.
Severability; Right to Waive; Survival; Small Claims; Emergency Relief; Claims Not Subject to Arbitration. If any part is invalid, it is severed and the remainder survives. Either party may seek small-claims relief or emergency equitable relief in court to preserve the status quo. Claims of defamation, violation of the Computer Fraud and Abuse Act, and IP infringement/misappropriation are not subject to arbitration.
Where litigation is permitted, the parties consent to personal jurisdiction of the courts located within Netherlands County, California.
Export
The Site may be subject to U.S. export control laws and regulations. You agree not to export or re-export any U.S. technical data or products acquired from Company in violation of U.S. export laws.
California Complaints
Company is located at the address above. California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 400 R Street, Sacramento, CA 95814, or (800) 952-5210.
Electronic Communications
By using the Site or sending emails to us, you consent to receive electronic communications from Company and agree that all agreements, notices, disclosures, and other communications that we provide electronically satisfy any legal requirement that such communications would satisfy if in hard copy.
Entire Terms
These Terms constitute the entire agreement between you and Company regarding the Site. Our failure to enforce any right or provision is not a waiver. Section titles are for convenience only. “Including” means “including without limitation.” If any provision is invalid or unenforceable, it will be modified to be valid and enforceable to the maximum extent permitted; the remainder remains in effect. Your relationship to Company is that of an independent contractor. You may not assign these Terms without our prior written consent; any attempt is void. Company may freely assign these Terms. These Terms bind permitted assignees.
Your Privacy
Please read our Privacy Policy.
Copyright/Trademark Information
Copyright ©. All rights reserved. All trademarks, logos, and service marks displayed on the Site are our property or the property of third parties. You may not use these marks without prior written consent.
12. Contact Us
If you have any questions about these Terms of Use, you can contact us:
- By email: info@venturatraininginstitute.com
- By phone: (805) 385-5485
