Bowen EHS, LLC provides consulting and training services and continuing education, exam preparation and review, and reference courses and materials to health and safety professionals. Client hereby desires to engage the services of Bowen EHS, LLC and Bowen EHS, LLC has agreed to provide services to Client on the terms and conditions provided for herein and in the registration form completed by Client which is hereby incorporated by reference and made a part hereof. This Agreement and the said registration form shall govern and control the relationship and agreement between the parties.
Enrollment
In consideration of the registration fees paid to Bowen EHS, LLC by Client, Bowen EHS, LLC agrees to enroll Client in and to allow Client to participate in that particular course or courses registered for by Client (as shown on the registration form).
Enrollment is personal to Client and may not be transferred without the prior written consent of Bowen EHS, LLC. However, registration fees paid by a company for the benefit of an employee are transferable to a different employee at any time prior to the course start date upon written notice from such company to Bowen EHS, LLC of the name of the employee being removed from registration as well as the name of the employee being added in lieu thereof. In no event will transfer of registration fees be permitted after a course begins.
Client agrees not to distribute training materials or copies of recorded lectures or other materials received to anyone other than Client (or, if Client is a company, the Client's designated training participant) without the express prior written consent of Bowen EHS, LLC. Client further agrees not to allow unauthorized persons to participate in the course in any manner or to view recorded lectures. In addition to such other remedies as may be available to Bowen EHS, LLC, violation of this provision or of any other provision hereof shall be grounds for immediate termination of this agreement by Bowen EHS, LLC and forfeiture of any and all registration fees by Client.
Bowen EHS, LLC does not discriminate against participants on the basis of sex, gender, age, race, color, national origin, socioeconomic or ethnic background, religion, sexual orientation, or disability. Discrimination against participants on the basis of sex, gender, age, race, color, national origin, socioeconomic or ethnic background, religion, sexual orientation, or disability will not be tolerated.
Registration Fees
Client agrees to pay the registration fees listed on the registration form. Registration fees cover only the cost of instruction and those materials, if any, which Bowen EHS, LLC has specifically agreed to provide for the course.
Availability of Records
Bowen EHS, LLC will keep participant records current. Records will be maintained for at least ten years. Copies of participant records will be mailed within two weeks following a request for release by the participant.
Online Classroom System Requirements
Unless otherwise specifically noted on the registration form, the courses and training to be provided by Bowen EHS, LLC will be presented online over the Internet. Internet connections and phone charges incurred by Client are solely the responsibility of Client.
Clients must have a high speed internet connection (128 kbps or higher). The computer must have a web browser equivalent to Internet Explorer 7.0, Mozilla Firefox 2.0, or higher, and it must be able to run Java, Javascript and Adobe Flash. An browser add-on file will be installed on your computer during the first use of the online classroom. Computers must also be able to open and read Adobe PDF files.
Bowen EHS, LLC is not responsible for Internet connections of individual Clients. However, Bowen EHS, LLC will reschedule any sessions when Internet connection problems are caused by the instructor's connection.
Bowen EHS, LLC will make every reasonable effort to present lectures as scheduled in the course syllabus which shall be provided by Bowen EHS, LLC. However, if a lecture is not presented at the scheduled time for any reason, Bowen EHS, LLC will reschedule the lecture within four weeks of its originally scheduled time.
Clients have online access to class recordings for one year from the start of the course.
Limited Guarantee
With respect to the training and educational services which it provides, Bowen EHS, LLC strives to provide its Clients with the information which they will need in order to understand the fundamental issues involved in the topics being studied or discussed. With respect to exam preparation and review courses, our goal is to prepare Clients for the issues, questions, and topics that the exam in question will cover. Bowen EHS, LLC will use its best efforts to present Clients with the necessary information to prepare them for success on the relevant exam(s). However, Bowen EHS, LLC makes no representations, guaranties, or warranties regarding passage of any particular exam by any particular Client and hereby specifically disclaims any such representations, guaranties, or warranties except as expressly set forth herein.
The foregoing notwithstanding, if the Client meets the following 3 conditions, they may repeat the course or courses for which they were enrolled at no additional charge (provided it is still being offered at such time):
- Client must complete the course for which they are enrolled;
- Client must take the exam within 12 months after completing the course; and
- Client must mail a copy of their exam result notification to Bowen EHS, LLC within 30 days of receiving the results.
Limitation of Liability
The aggregate liability of Bowen EHS, LLC for any and all claims arising out of this agreement and the accompanying registration form and the services to be provided hereunder shall be limited to the total compensation actually received by Bowen EHS, LLC from Client in connection herewith.
EXCEPT AS SPECIFICALLY PROVIDED HEREIN, BOWEN EHS, LLC HEREBY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AND CURRENTNESS. IN NO EVENT SHALL BOWEN EHS, LLC BE LIABLE TO CLIENT OR ANYONE CLAIMING THROUGH OR FOR CLIENT FOR ANY LOST PROFITS, COMMERCIAL LOSS, LOSS OF USE, OR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT, OR SPECIAL DAMAGES.
Cancellation or Assignment (Refunds)
Bowen EHS, LLC reserves the right to cancel a course at any time with at least one(1) week notice prior to the start date of such course. In such case, a full refund of any registration fees previously paid by Client for that course will be issued to Client.
Client may cancel his or her registration and enrollment at any time by written notice to Bowen EHS, LLC of Clients desire to cancel. If written notice of cancellation is received by Bowen EHS, LLC at least one (1) week prior to the initial start date of the course, Client will be entitled to a full refund of any registration fees previously paid by Client. If Client cancels within one (1) week of the initial start date of the course but before the actual initial start date, Client will be entitled to a full refund of any registration fees previously paid by Client less a $100 cancellation fee. No refunds will be made if notice of cancellation is not received before the actual initial start date of the course.
Upon any cancellation by Client of his or her registration, at the request of Bowen EHS, LLC, Client shall immediately return to Bowen EHS, LLC any materials previously delivered to Client or, if so instructed by Bowen EHS, LLC, Client shall destroy such materials and certify in writing to Bowen EHS, LLC that he or she has so destroyed such materials.
Online review courses are provided directly to Clients. Registration fees paid by a company for the benefit of an employee are transferable to a different employee prior to the course start date. Course registration fees may not be transferred once the course has started.
Participant Complaint Procedure
All complaints should be directed to Bowen EHS support (support@BowenEHS.com).
Ownership of Content and Materials
Any and all content and materials created, supplied, included, or provided by Bowen EHS, LLC in connection with any course either before, during, or after the course shall be and remain the sole property of Bowen EHS, LLC. Without limiting the foregoing, the parties acknowledge and agree that any and all right, title, and interest (including copyrights and trademarks) in and to the lectures as originally presented and any recordings thereof as well as any training, study, or other materials provided (whether in print or via email, CD-ROM, floppy disk, flash drive, or other formats) are and shall remain the sole property of Bowen EHS, LLC.
The foregoing notwithstanding, Client shall have a personal, nonexclusive, nontransferable, limited license to use and view such content and materials for purposes of preparing for and participating in the course and for studying and reviewing for any examination which is the subject of or is related to the course and otherwise in accordance with the terms and conditions set forth herein. A Client participating in the course may make copies of any materials so provided by Bowen EHS, LLC for his or her own personal use only. Client acknowledges and agrees that Client has no right to, and that he or she will not, sell, assign, license, convey, transfer, publish, or distribute training materials or copies of recorded lectures, or any parts thereof, to others without the express prior written consent of Bowen EHS, LLC.
Client hereby grants to Bowen EHS, LLC complete rights to store, broadcast, and sell recorded training and other lectures in which the Client participated or may have made contributions. Such grant by Client specifically includes the right to include Client's image or voice in any such recording as long as such items are included only in a manner consistent with how they may have been a part of or appeared in such lecture originally.
The foregoing notwithstanding, with respect to any written materials, software, or other materials or items which may be provided to Client by Bowen EHS, LLC but which are not the property of Bowen EHS, LLC, Client agrees that such items are and shall remain the property of the owner of such items, that such items are being provided to Client with the permission or other agreement or authorization of the owner, and that Client's use of those items shall be subject to any applicable licenses, copyrights, or other agreements governing such items.
Entire Agreement
This Training and License Agreement and the accompanying registration form constitute the entire agreement between the parties concerning the subject matter hereof. No waiver, variation, or amendment of any term or condition hereof shall be effective without the written consent or approval of both parties hereto. This agreement shall be governed by and subject to the laws of the State of North Carolina.
By his or her signature below, Client acknowledges that Client has read and understands this Training and License Agreement and the accompanying registration form and that Client agrees to be bound by the terms thereof.
If this is an online registration, no written signature by Client shall be required. However, in such case, by affirmatively checking the requisite box on the online registration form (which action Client hereby acknowledges and agrees shall constitute Client's electronic signature), Client acknowledges that he or she has read and understands this Training and License Agreement and the accompanying registration form and that Client agrees to be bound by the terms thereof.
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