Terms of Service

Effective: August 8, 2023

The following Terms of Use (the "Terms of Use") govern your use of the website located at www.advanctedtrainingproducts.com (the "Website"), the WIRE Certified Training provided by us, and the WIRE Algorithm (collectively, the "Services"), which are owned and operated by Advanced Training Products, Inc. ("ATP", "we," or "us"). We may, in our sole and absolute discretion, cancel, change, suspend or modify any aspect of the Website at any time, without notice to you. It is important to check the Website and these Terms of Use periodically.

Your access and use of the Services is subject to the following Terms of Use and all applicable laws. By accessing or using any part of the Services, you accept, without limitation or qualification, these Terms of Use. If you do not agree with all of these Terms of Use, you may not use any portion of the Services.

THESE TERMS OF USE GOVERN HOW ANY DISPUTES BETWEEN US WILL BE RESOLVED. SPECIFICALLY, THESE TERMS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT REQUIRE US TO ARBITRATE INSTEAD OF GOING TO COURT, AND REQUIRE THAT ALL CLAIMS BE BROUGHT INDIVIDUALLY, NOT AS A CLASS REPRESENTATIVE OR CLASS MEMBER. SEE SECTION 13, BELOW, FOR MORE DETAILS.

ACCESSIBILITY: IF YOU ARE HAVING ANY TROUBLE ACCESSING THE WEBSITE, PLEASE CONTACT US TOLL FREE AT 1-888-808-9461, 24 HOURS A DAY, 7 DAYS A WEEK, OR EMAIL US AT [email protected].

1. Authorized Use of the Services:

The Services are provided for your personal use in your capacity as an employer, and not for any commercial use. Any other use of the Services requires the prior written consent of ATP.

2. Unauthorized Use of the Services:

You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Services. Further, you may not use any such automated means to manipulate the Services, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Services or any other user's use of the Services, including, without limitation, via means of overloading, "flooding", "mailbombing" or "crashing" the Services, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms of Use. You may not frame portions of the Services within another website or application. You may not resell use of, or access to, the Services to any third party without our prior written consent.

3. Proprietary Rights:

ATP is the owner of or otherwise licensed to use all parts of the Services, including all copy, software, graphics, designs and all copyrights, trademarks, service marks, trade names, logos, and other intellectual property or proprietary rights contained therein. Some materials on the Services belong to third parties who have authorized ATP to display the materials, such as portfolio works, client logos, likeness, and trademarks and other proprietary materials. By using the Services, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. Except as expressly set forth in these Terms of Use, no license is granted to you and no rights are conveyed by virtue of accessing or using the Services. All rights not granted under these Terms of Use are reserved by ATP.

4. No Ideas Accepted:

ATP does not accept any unsolicited ideas from outside the ATP, including, without limitation, suggestions about advertising, promotion or merchandising of the Services, additions to the Services, or changes in methods of doing business. We may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas. If, notwithstanding this policy, you submit an unsolicited idea to the Services, you understand and acknowledge that such idea is not submitted in confidence and ATP assumes no obligation, expressed or implied, by considering it. You further understand that ATP shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to ATP. Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, you hereby grant ATP an irrevocable, perpetual, world-wide license to use the idea in any manner, in any medium now known or hereafter developed, without compensation to you.

5. Prohibited Activities:

The following is a partial list of the types of conduct that are illegal or prohibited on the Website or while using the Services. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, engages in any of the prohibited activities. Without limitation, you agree that you will not post or transmit through the Services or to other users anything that contains content that:

is defamatory, abusive, obscene, profane or offensive;
infringes or violates another party's intellectual property rights (such as music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on the Website or through the Services);
violates any party's right of publicity or right of privacy;
is threatening, harassing or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
promotes or encourages violence;
is inaccurate, false or misleading in any way, or constitutes impersonation of another person;
is illegal or promotes any illegal activities;
promotes illegal or unauthorized copying of another person's copyrighted work or links to them or providing information to circumvent security measures;
contains "masked" profanity (i.e., F*@&#);
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
contains any advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.

ATP is under no obligation to screen or monitor content, but may review content from time to time at its sole discretion. ATP will make all determinations as to what content is appropriate in its sole discretion. ATP may edit or remove any content at any time without notice.

6. No Warranties; Disclaimers:

WHILE ATP USES REASONABLE EFFORTS TO INCLUDE UP-TO-DATE INFORMATION ON THE SERVICES, WE MAKE NO WARRANTIES OR REPRESENTATIONS AS TO ITS ACCURACY OR COMPLETENESS, OR THE ACCURACY OR COMPLETENESS OF THE DELIVERABLE GENERATED BY THE SERVICES. ATP ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT ON THE SERVICES OR ANY DELIVERABLE GENERATED BY THE SERVICES. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK, AND YOU ACKNOWLEDGE AND AGREE THAT ANY AND ALL EMPLOYMENT DECISIONS ARE MADE SOLELY BY YOU. THE SERVICES, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICES, ARE PROVIDED "AS IS" AND ATP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SERVICES. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ATP DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ATP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ATP SHALL NOT BE LIABLE FOR THE USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. IN NO EVENT WILL ATP BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, OR FOR ANY DIRECT DAMAGES, AND/OR ANY OTHER DAMAGES RESULTING YOUR USE OF THE SERVICES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed the amount paid by you, if any, for using the Services.

7. Third Party Links:

The Services may contain links to other websites or applications not maintained by ATP. Other websites or apps may also reference or link to our Website. We encourage you to be aware when you leave our Website and to read the terms and conditions and privacy statements of each and every website or app that you visit. We are not responsible for the practices or the content of such other websites or apps. In the event of any problem with the products or services that you have purchased from a third party you agree that you will address such issues with the third party but all limitations of liability and other rights of ATP shall apply nonetheless. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS OR INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY AND NOT BY US.

8. Changes to Terms:

All information posted on the Website is subject to change without notice. In addition, these Terms of Use may be changed at any time without prior notice. We will make such changes by posting them on the Website. You should check the Website for such changes frequently. Your continued access of the Website after such changes conclusively demonstrates your acceptance of those changes.

9. Indemnification:

You agree to indemnify, defend and hold harmless ATP, our employees, directors, officers, agents, business partners, affiliates, subsidiaries, contractors, and representatives from and against any and all claims, demands, liabilities, costs or expenses, including attorney's fees and costs, arising from, or related to, (i) your use of the Services, and (ii) any breach by you of any of these Terms of Use, our Privacy Policy, or applicable law. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to assist and cooperate with us in asserting any available defenses.

10. Severability:

If any part of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Use, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.

11. Waivers; Remedies:

ATP's failure to partially or fully exercise any of our rights or ATP's waiver of any breach of these Terms of Use by you shall not prevent us from subsequently exercising such right or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms of Use. ATP's rights and remedies under these Terms of Use and any other applicable agreement between you and us shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.

12. International Access:

The Services are provided from the United States of America and all servers that make it available reside in the U.S.A. The laws of other countries may differ regarding the access and use of the Services. ATP makes no representations regarding the legality of the Services in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A.

13. Resolution of Disputes:

a. Governing Law: The laws of the State of Delaware shall govern these Terms of Use.

b. Arbitration: While we will make reasonable efforts to resolve any disagreements you may have with ATP, if these efforts fail you agree that all claims, disputes or controversies between you and the ATP arising out of these Terms of Use, or the purchase of any products or services ("Claims") shall be exclusively submitted to binding arbitration, no matter what legal theory they are based on or what remedy (damages, or injunctive or declaratory relief) they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third- party claims, interpleaders or otherwise; and Claims made independently or with other claims. In arbitration, as with a court, the arbitrator must honor these Terms of Use and can award the prevailing party damages and other relief, and the parties have the right to be represented by counsel of their choice. In arbitration, however, (i) there is no judge or jury (ii) the proceedings and outcome are generally subject to certain confidentiality rules, (iii) the discovery process is limited, and (iv) a court's review of the arbitrator's ruling is extremely limited.

The party filing arbitration must submit Claims to the American Arbitration Association ("AAA") and follow its rules and procedures for initiating and pursuing arbitration. Any in-person hearing in the arbitration will be held in the same city as the U.S. District Court closest to your then-current residential address, or at some other place to which you and ATP agree in writing. The arbitrator shall apply Delaware law consistent with the Federal Arbitration Act. You may obtain copies of the current AAA Rules, and forms and instructions for initiating arbitration, by contacting the AAA at 800-778-7879, or by visiting the AAA's website at www.adr.org.

A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least ten (10) years' experience or a retired or former judge, selected in accordance with the AAA rules. The arbitration will follow the AAA's then-current Consumer Arbitration Rules (the "AAA Rules"), unless those AAA Rules are inconsistent with these Terms of Use, in which case these Terms of Use govern. The payment of all AAA and arbitrator fees and costs will be in accordance with the AAA Rules. Subject to those AAA Rules, each party to the arbitration will bear the expense of its own attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but the prevailing party in the arbitration may recover any or all costs or expenses from the other party if the arbitrator, applying applicable law and the AAA Rules, so determines. The arbitrator's award is final and binding on the parties.

The foregoing notwithstanding, both parties retain the right to seek relief in small claims court for any dispute or claim falling within the scope of such court's jurisdiction.

c. Class Action Waiver: YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND ATP ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, "PRIVATE ATTORNEY GENERAL" ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. CLAIMS AND REMEDIES SOUGHT AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION ARE SUBJECT TO ARBITRATION ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS, AND THE ARBITRATOR MAY AWARD RELIEF ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS.

If, for any reason, any court with competent jurisdiction or any arbitrator selected pursuant to these Terms of Use holds that this class action waiver provision is unenforceable as to any Claim you have brought, then our agreement to arbitrate will not apply, and your Claim must be brought exclusively in court in Delaware.

d. Time Bar: ANY CLAIM YOU HAVE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DATE OF THE CLAIM.

14. Miscellaneous

These Terms of Use do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms of Use without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms of Use without restriction. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term "including" or variations thereof in these Terms of Use shall be construed as if followed by the phrase "without limitation." These Terms of Use, including any terms incorporated herein, consist of the entire agreement between you and us relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. Notices to you (including notices of changes to these Terms of Use) may be made via posting to the Website or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We will not be responsible for any failure to fulfill any obligation due to any cause beyond our control.

15. Contact Us

Should you have any questions regarding these Terms of Use you may contact us at [email protected].