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Terms & Conditions
These terms and conditions apply to Online Services provided by Gammill®, Inc., 1452 Gibson Street, West Plains, MO 65775 417-256-5919 (“Gammill” or “we” or “us”).
You may contact us at [email protected] and/or 417-256-5919.
These terms and conditions apply to the sale of any Online Services provided by Gammill, its affiliated educators, and guest instructors. Please read these terms and conditions carefully before purchasing and print off a copy for your records.
For purchases via our website, by clicking the checkbox to “Accept Terms and Conditions” you agree to the terms of this agreement which will bind you. If you do not agree to these terms and conditions you must cease to continue to purchase any Services from us.
“Confidential Information” means information provided by one party to the other in written, graphic, recorded, machine readable or other form concerning the business, clients, suppliers, finances and other areas of the other party’s business or products, including, without limitation, the Course Materials, but does not include information in the public domain other than through the default of the party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party.
“Course Materials” means the information provided by Gammill to accompany a course provided as part of the Education Services in hard copy or electronic form.
“Fees” means the fees paid by you to Gammill for the Education Services.
“Intellectual Property Rights” means copyright, rights in or relating to databases, patent rights, educator rights, designs and registered designs, trademarks, rights in or relating to Confidential Information and other intellectual property rights (registered or unregistered) throughout the world.
“Online Course” means the delivery by us of an online course pursuant to which you learn course materials remotely.
“Services” means the provision of the Online Course and/or the Course Materials together with such other services as agreed from time to time and purchased by you through the Website.
“you” means the individual purchasing the Services.
- The Services
2.1. A description of the Services together with the dates on which the Services will begin are available on our Website. We will provide the Services with reasonable care and skill in accordance with the description set out on the Website.
2.2. We reserve the right to vary or withdraw any of the Services described on the Website without notice.
2.3 We expect you to confirm that the Services you are purchasing will meet your needs. We do not make any guarantee to you that you will obtain a particular result, professional qualification or employment opportunity from your purchase and completion of any of the Services.
- Ordering Services
Purchasing Services via the Website
3.1. In order to view or participate in any purchased Services, you must register for an account with us via the Website. If you already have an account with us you can log into your account using your user name and password.
- Cancellation and Variation
4.1. If you have purchased an Online Course and have already accessed or downloaded all or part of the Online Course and/or started to use that Online Course then you shall have no right to cancel your order and no refunds will be made.
4.3. Notwithstanding clause 4.1 there is no other right to cancel or vary your purchase of Services and any other cancellation and/or variation will be at the entire discretion of Gammill.
5.1. The Fees for the Services shall be as set out on the Website at the time you place an order for them.
5.2. Fees for the Service selected by you on the Website shall be debited from your credit / debit card at the time of purchase. Fees must be paid in full prior to you accessing any Online Course.
5.5. Any fees charged by your debit or credit card provider in connection with your purchase of Services are for your own account and Gammill shall not be responsible for these.
5.6. You shall be responsible for all costs you incur in connection with your access to any Online Course.
6.1. Although Gammill aims to provide the Services to the highest standards of the industry, neither it, nor its educators or guest instructors accept any liability for (i) any inaccuracy provided in the Course Materials, (ii) any loss or corruption of data, (iii) any loss of profit, revenue or goodwill, or (iv) any indirect, special or consequential loss arising from any breach of the terms of this Agreement.
6.2. Except to the extent that they are expressly set out in these terms and conditions, no conditions, warranties or other terms shall apply to the Services. No implied conditions, warranties or other terms apply (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description).
6.3. Gammill’s total liability arising from or in connection with these terms and conditions and in relation to anything which we may have done or not done in connection with these terms and conditions and the delivery of the Service (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Fees received by us in connection with the relevant Online Course in relation to which a dispute has arisen.
6.4. No claim may be brought more than 60 days after the last date on which the Services concerned have finished or ceased to be provided by us.
- Intellectual Property
7.1. All Intellectual Property Rights in the Course Materials, Online Courses and the speeches made by educators or guest instructors are, and remain, the intellectual property of Gammill or the individual and/or group of educators/guest instructors.
7.2. You are not authorized to:-
(i) copy, modify, reproduce, re-publish, sub-license, sell, upload, broadcast, post, transmit or distribute any of the Course Materials without prior written permission;
(ii) record on video or audio tape, relay by videophone or other means any portion of the Online Course;
(iii) use the Course Materials in the provision of any other course or training whether given by us or any third party trainer;
(iv) remove any copyright or other notice of Gammill on the Course Materials;
(v) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Online Courses.
Breach by you of this clause 7.2 shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any Services, including but not limited to access to the Online Courses.
7.3. In consideration of the Fees paid by you, we grant to you a limited, non-transferable, non-exclusive access to the Course Materials for the sole purpose of completing the Online Course.
8.1. Each party shall keep the other party’s Confidential Information strictly confidential and not use it otherwise than for the purposes of these terms and conditions, and shall return it on demand and not retain copies of it.
8.2. Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them.
8.3. This clause shall continue notwithstanding termination of these terms and conditions.
9.1. We shall be entitled to terminate these terms and conditions and cease to provide you with any Services with immediate effect in the event that you:
- fail to pay when due your Fees;
- act in an aggressive, bullying, offensive, threatening or harassing manner towards any employee of Gammill, any educator or guest instructor, or student;
- are in breach of these terms and conditions.
9.2. On termination clause 6 (liability), 7 (intellectual property rights), 8 (confidentiality) and 10 (restrictions) shall continue notwithstanding such termination.
Any Services provided by us under these terms and conditions are personal to you and cannot be transferred or assigned to any other person.
We shall be entitled to assign these terms and conditions to any other company without prior notice to you.
- Entire Agreement
These terms and conditions, together with the Website Disclaimer and Course Specific Terms and Conditions are the entire agreement between the parties and supersede any prior agreements and arrangements, whether written or oral. You confirm that you have not relied on any representations in entering into these and any other terms and conditions with us. Nothing in this clause or terms and conditions shall limit liability for any fraudulent misrepresentation.
We may assign, transfer, sub-contract any of our rights or obligations to any third party at our discretion.
- Data Protection
14.1 The nature of the Services provided by us means that we will obtain, use and disclose (together “Use”) certain information about you (“Data”). This statement sets out the principles governing our Use of Data. By purchasing the Services you agree to this Use.
14.2 When you register with us you will need to provide certain Data such as your contact details and demographic information. We will store this Data and use it to contact you, provide you with details of the Services you have purchased and otherwise as required during the normal provision of the course.
14.3 We may also use the above Data, and similar Data you provide us in response to surveys, to aggregate user profiles and, unless you click on the relevant button on the Registration Form, provide you with communications. We will not pass any personal data onto anyone outside of Gammill or its dealer network.
14.3 To enable us to monitor and improve our Services, we gather certain aggregated information about you, including details of your operating system, browser version, domain name and IP address, the URL you came from and go to and the parts of the Website you visit.
14.4. We use information such as your User ID, session identifiers and password to enable us to identify whether you are using our services, assist with the provision of services and to ensure that you have access to relevant products. We will only read cookies from your cookie file placed there through your web browser’s interaction with the Website.
14.5. Our products may link to third party websites and we are not responsible for their data policies or procedures or their content.
14.6. Gammill endeavors to take all reasonable steps to protect your personal Data including the use of encryption technology, but cannot guarantee the security of any Data you disclose. You accept the inherent security implications of being and transacting on-line over the internet and will not hold us responsible for any breach of security.
14.7. Gammill may supplement the information that you provide with information we receive from third parties.
14.8. If you wish to change or update the data we hold about you, please e-mail [email protected].
- Law and Jurisdiction
It is agreed that this Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Missouri and any action arising out of this Agreement shall be held in Greene County, Missouri.