Last Updated: February 14, 2018
terms and conditions
By accessing or using the Service, you are accepting these Terms (on behalf of yourself or the entity that you represent) and you represent and warrant that you have the right, authority, and capacity to enter into these Terms (on behalf of yourself or the entity that you represent). If you do not agree with all of the provisions of these Terms, do not access and/or use the Service. These terms include an obligation to submit all claims to arbitration, and you are waiving your right to a jury trial. These Terms apply to all visitors, members, and others who access the Service (“you” and if you register, a “User”). ZolTrain reserves the right to amend, discontinue, limit, disable, terminate, or cancel any feature of the Service.
The Service allows users to sign up and take classes about cannabis. You may use the Service only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 18 is strictly prohibited and in violation of these Terms. The Service is not available to any Users previously removed from the Service by Company.
We reserve the right to decline services to you for any reason without explanation. You agree to (a) provide accurate, current and complete information as prompted by any registration forms on the Service; (b) maintain and promptly update such information and any other information provided to ZolTrain, to keep it accurate, current and complete; (c) maintain the security of your password and identification; and (d) be fully responsible for all use of your account and for any actions that take place using your account.
LICENSE AND RESTRICTIONS
The Service is licensed, not sold, to you for use only under the terms of the Terms. Subject to your complete and ongoing compliance with the terms and conditions of the Terms, ZolTrain hereby grants you a personal, limited, revocable, non-transferable license to access and use the Service solely for your own personal use. ZolTrain and its licensors retains sole and exclusive ownership of all rights, title and interests in the Service, the website, and all content, information, images, videos, and other information or materials available through the Service, and all intellectual property rights relating thereto, including, without limitation, issued patents and pending patent applications with respect to the Service and the technology related thereto. You acknowledge and agree that ZolTrain will have no obligation to provide you with any support or maintenance in connection with the Site.
You may not modify, alter, reproduce, or distribute the website. You may not directly rent, lease, lend, sell, redistribute or sublicense the Service. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of any portion of the Service, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law), nor attempt to disable or circumvent any security or other technological measure designed to protect the Service or any content available through the Service. If you breach these license restrictions, or otherwise exceed the scope of the licenses granted in the Terms, then you may be subject to prosecution and damages, as well as liability for infringement of intellectual property rights, and denial of access to the Service.
The following are examples of the kind of actions that are illegal or prohibited to submit to the Service. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these Terms. Prohibited actions include, but are not limited to, actions that, in the sole discretion of ZolTrain: (a) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping"; (b) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Service in a manner that sends more request messages to the ZolTrain servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that ZolTrain grants the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials); (c) transmitting spam, chain letters, or other unsolicited email; (d) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (e) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (f) uploading invalid data, viruses, worms, or other software agents through the Service; (g) collecting or harvesting any personally identifiable information, including account names, from the Service; (h) using the Service for any commercial solicitation purposes; (i) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (j) interfering with the proper working of the Service; (k) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; (l) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; (m) is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (n) harasses or advocates harassment of another person; (o) exploits people in a sexual or violent manner; (p) violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person; (q) covering or obscuring the banner advertisements on any page on the Service via HTML/CSS or any other means; (r) using the Service in a manner inconsistent with any and all applicable laws and regulations; and (s) using the Service or any content to create any competitive or similar service or offering.
You represent and warrant that: (i) you own your User Submissions or otherwise have the right to post the User Submissions and grant the license set forth in the Terms, (ii) the posting and use of User Submissions on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) the posting of User Submissions on the Service does not result in a breach of contract between you and a third party.
The Service contains content, such video or audio works, course materials, clips, photos, designs, images, graphics, text, software, works of authorship, files, documents, applications, artwork, trademarks, intellectual property, or materials relating thereto or any other materials, and their selection, coordination and arrangement created by or on behalf of ZolTrain or its suppliers (collectively, the “Content”). The ZolTrain Content is the property of ZolTrain and third parties and is protected by copyright under both United States and foreign laws. The ZolTrain Content is made available to you only for your personal use on the Service as expressly permitted under these Terms. All copying, distribution or other use of the ZolTrain Content is prohibited without the prior written consent of ZolTrain. You have no right to engage in the commercial use, sale, resale, assignment, license, modification, making of copies or derivative versions, display, distribution or promotion of the ZolTrain Content.
ZolTrain is the owner of the ZolTrain trademark, tradename and/or service marks (the “Trademark”). Nothing in these Terms or on the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademark, without ZolTrain’s prior written permission specific for each such use. Use of the Trademark as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by ZolTrain in writing. All goodwill generated from the use of the Trademark inures to ZolTrain’s benefit.
Elements of the Service are protected by copyright, trade dress, trademark, unfair competition, and other state or Federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of the ZolTrain Content may be retransmitted without our express written consent in each and every instance.
We have provided our contact information and email links on the Service because we would like to hear from you. However, we do not want you to, and you should not, send ZolTrain any documents or other materials that contain confidential or proprietary information. You agree that any documents or other materials that you send ZolTrain become our physical property (except for User Submissions) and we can use them in our discretion.
The fees (the "Fee") to be charged for use of any part of the Service will be set forth on the Service. All Fees are due and payable in advance. The Service currently uses third parties to process payments. Our third-party payment processors accept payments through various credit cards, as detailed on the applicable payment screen. All monetary transactions on the Service take place in U.S. Dollars. You are responsible for determining and paying the appropriate government taxes, fees, and service charges resulting from a transaction occurring through the Service, except for taxes on ZolTrain's income. We are not responsible for collecting, reporting, paying, or remitting to you any such taxes, fees, or service charges, except as may otherwise be required by law. All Services are non-refundable and non-returnable.
You will be responsible for costs associated with ZolTrain's efforts to collect amounts due, including any attorney’s fees or collection agency fees. You may incur third party fees through use of the Service, such as fees charged by your carrier for data usage. You acknowledge and agree that you are solely responsible for all such fees incurred by you for use of the Service, and you agree to pay all such fees and abide by all such terms.
PROCESSING OF PERSONAL DATA
Any information that you provide to ZolTrain through the Service is subject to ZolTrain’s Privacy Notice, which can be found at zoltrain.com/privacy-policy/ and is hereby incorporated by reference. Your use of the Service constitutes your consent to the collection and use of your personal information, as described in the Privacy Notice.
NO WARRANTY/ LIMITATION OF LIABILITY
The Service and any related Content or information is provided on an "as is" and "as available" basis without any warranties of any kind. ZolTrain disclaims all warranties, including, but not limited to, the warranty of title, merchantability, non-infringement of third parties rights, and fitness for particular purpose. ZolTrain reserves the right to change functionality and Content offered under the Service on an ongoing basis. ZolTrain makes no warranties or representations about the Service or Content, including but not limited to their accuracy, reliability, completeness, efficacy, or timeliness. ZolTrain shall not be subject to liability for truth, accuracy, or completeness of any information conveyed to the user or for errors, mistakes or omissions therein or for any delays or interruptions of the data or information stream from whatever cause.
In no event shall ZolTrain be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Service and the Content, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if we have been advised of the possibility of such damages. Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states, our liability shall be limited to the greatest extent permitted by law. The liability of ZolTrain arising from any error or other circumstance that may give rise to liability in relation to the Service shall – except for instances of gross negligence and willful misconduct - be limited to the amount paid by you to ZolTrain for your use of the Service in the preceding twelve (12) months.
ZolTrain does not warrant that the Service will operate error-free or that the Service, its server, or the Content are free of computer viruses or similar contamination or destructive features. Updates to the Service may take place on a regular basis. ZolTrain reserves the right to add or remove support for specific devices.
You agree to defend, indemnify, and hold ZolTrain harmless from and against any claims, losses, expenses, damages, fines, fees, actions or demands, including, without limitation, reasonable legal and accounting fees, arising from, relating to or resulting from: (a) your breach or alleged breach of the Terms; (b) your access to, use or misuse of the ZolTrain Content or the Service; (c) any breach of your representations and warranties set forth above; or (d) your violation of any law or the rights of a third party; (e) your interactions with other users; or (f) your User Submissions. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding. We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
We reserve the right, in our sole discretion, to restrict, suspend, or terminate the Terms and your access to all or any part of the Service or the Content, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Service or the Content at any time without prior notice or liability, and we will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law.
LAW AND DISPUTE RESOLUTION
The Terms are governed by the laws of the State of Colorado, without respect to its conflict of laws provisions that would require the application of the laws of a different jurisdiction. If you believe that ZolTrain has not adhered to these Terms, please contact ZolTrain by e-mail at email@example.com. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation. If you and ZolTrain are unable to reach a resolution to the dispute, you and ZolTrain will settle the dispute exclusively under the rules of the American Arbitration Association (www.adr.org) at its Denver, Colorado office. Any election to arbitrate by one party will be final and binding on the other. You understand that if either party elects to arbitrate, neither party will have the right to sue in court or have a jury trial. You and ZolTrain agree that any arbitration will be limited to the dispute between ZolTrain and you individually. You acknowledge and agree that you and ZolTrain are each waiving the right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and ZolTrain otherwise agree, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding.
AMENDMENT OF THE TERMS AND CONDITIONS
ZolTrain may upon reasonable notice amend the terms and conditions of the present Terms or introduce new provisions, terms or conditions governing the use of the Service. If we make any substantial changes in the way we use your information, we will notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our Service. Any material changes to the Terms will be effective upon our posting of notice of the changes on our site. Please note that at all times you are responsible for updating your information to provide us with your most current e-mail address. In any event, changes to the Terms may affect our use of information that you provided us prior to our notification to you of the changes. If you do not wish to permit changes in our use of your information, you must notify us prior to the effective date of the changes that you wish to deactivate your account with us. Continued use of our Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
The Service may contain links to third-party websites, some of which may be displayed as a link within our own website (“External Websites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Websites. The content of such External Websites is developed and provided by others. You should contact the site administrator or webmaster for those External Websites if you have any concerns regarding such links or any content located on such External Websites. We are not responsible for the content of any linked or framed External Websites and do not make any representations regarding the content or accuracy of materials on such External Websites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked or framed External Websites, you do so at your own risk.
These Terms constitute the entire agreement between you and us regarding the use of the Service. Our failure to exercise or enforce any right or provision of the Terms shall not operate as a waiver of such right or provision. The section titles are for convenience only and have no legal or contractual effect. If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. The Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms and conditions set forth herein shall be binding upon assignees. Our failure to act on or enforce any provision of the Terms shall not be construed as a waiver of that provision or any other provision in the Terms. No waiver shall be effective against ZolTrain unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.