1. Introduction

These Website Standard Terms And Conditions (these “Terms” or these “Website Standard Terms And Conditions”) contained herein on this webpage, shall govern your use of our online classroom, including all pages within this classroom (collectively referred to herein below as this “Website”). These Terms apply in full force and effect to your use of our classroom and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you have any objection to any of these Website Standard Terms And Conditions.

This Website is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this Website if you a minor.

2. Intellectual Property Rights

Xactimate Training School and/or its licensors own all rights to the intellectual property and material contained in this Website and in our classrooms, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website and online classrooms.

3. Restrictions

You are expressly and emphatically restricted from all of the following:

1. publishing any course material in any media;
2. selling, sublicensing and/or otherwise commercializing any course material;
3. publicly performing and/or showing any course material;
4. using the online classroom in any way that is, or may be, damaging to the online classroom;
5. using the online classroom in any way that impacts user access to the online classroom;
6. using the classroom and courseware contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the school, or to any person or business entity;
7. engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to the online classroom, or while using this Website;
8. using the online classroom to engage in any advertising or marketing;

Certain areas of this Website are restricted from access by you and Xactimate Training School may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.

4. Your Content

In these Website Standard Terms And Conditions, “Your Content” shall mean your recorded Quiz and Exam grades in our Exam Center in the online classroom. You grant Xactimate Training School a non-exclusive, worldwide, irrevocable, royalty-free, license to share your course completion grade  results with the Department of Financial Service (to report your completion of your course).

5. No warranties

This Website is provided “as is,” with all faults, and Xactimate Training School makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.

6. Limitation of liability

In no event shall Xactimate Training School, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and Xactimate Training School, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

7. Indemnification

You hereby indemnify to the fullest extent Xactimate Training School from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.

8. Severability

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

9. Variation of Terms

Xactimate Training School is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.

10. Assignment

Xactimate Training School shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, .you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

11. Entire Agreement

These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Xactimate Training School and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.

12. Governing Law & Jurisdiction

These Terms will be governed by and construed in accordance with the laws of the Florida, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Florida for the resolution of any disputes.

13. Refund Policy

The student must put us on formal written notice within 72 hours of the start of the course date to be eligible for a refund.

14. Webinar and On-Demand Course Recording

Webinar courses are recorded and are distributed for a pre-determined amount of time to class participants at the end of each day. Webinars in whole or part may be utilized in Point of Sale materials, YouTube videos, and On-Demand courses. All students must understand and agree that Webinar recordings may be viewed by third parties. All rights are reserved by the company and no rights convey to any student or participant in whole or part.