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Last Modified August 4, 2010
This website, and all other Associated Training Services and affiliates websites, including but not limited to www.heavy-equipment-online.com, www.operator-school.com, www.equipment-school.com, www.heavy-equipment-schools.com, www.heavyequipmentschool.com, www.cdl-training.com, www.the-job-site.com, www.the-cdl-store.com and www.truck-school.com which may be encountered via the Internet are operated by Associated Training Services. Associated Training Services provides its Sites to you subject to the following Terms of Use. By using the Sites, you agree to be bound by the Terms of Use. Associated Training Services may, in its sole discretion, modify the Terms of Use without notice to you. Therefore, please continue to review the Terms of Use when using the Sites. By continuing to access and use the Sites after the Terms of Use have been modified, you are agreeing to such modifications. In addition, when using particular services or features, or when ordering products on the Sites, you shall be subject to any posted guidelines or rules applicable to such services, features, products or orders that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms of Use.
The Sites allow users to review, purchase, and/or order various educational and other products featured on the Sites including, but not limited to, books or manuals. Unless explicitly stated otherwise, any new features or offerings on the Sites in the future that are added to or that augment or enhance the services shall be considered part of the Sites and subject to the Terms of Use.
If you make a purchase from our Sites, you are transacting with Associated Training Services, and ownership of any purchased items transfers to you immediately upon shipment. You agree that neither Associated Training Services nor its affiliated companies shall be responsible for or liable for any loss or damage of any sort.
The purchase and download of any product or service from Associated Training Services Sites, is non-refundable and may not be returned. All sales of downloadable material are final.
You may be required to register for an account on the Sites in order to take advantage of certain features of the Sites, such as purchasing Products, using an online shopping cart, or online testing. If you choose to register on the Sites, or if you otherwise provide information on the Sites, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Sites, and (b) as permitted, maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information to Associated Training Services that is false, inaccurate, outdated or incomplete, or Associated Training Services has reasonable grounds to suspect that such information is false, inaccurate, outdated or incomplete, Associated Training Services has the right to suspend or terminate your account and to prohibit any and all current or future use of the Services (or any portion thereof) by you.
Any registration or other information you provide to Associated Training Services is subject to our Privacy Policy. For more information, see our Privacy Policy. Our Privacy Policy is hereby incorporated into the Terms of Use by this reference.
If you choose to register for an account with Associated Training Services you will create a username and password while completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Associated Training Services of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Associated Training Services (and its affiliated companies) cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
You acknowledge that all materials on the Sites, including, but not limited to, design, graphics, text, pictures, software and other files and the selection and arrangement thereof, are subject to and protected under copyright, trademark and/or other intellectual property laws and rights. All copyrighted and copyrightable Materials are owned by Associated Training Services and/or its suppliers or licensors, all rights reserved. Associated Training Services authorizes you to view and purchase the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials.
Except as stated herein, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, frame, or otherwise use any of the Materials in any form or by any means, without the prior written permission of Associated Training Services or the respective intellectual property owner. You may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes. You may not interfere or attempt to interfere with the proper working of the Sites, and you may not use any robot, spider, data miner, scraper, or other automated means to access the Sites for any purpose.
The trademarks, service marks, trade names, trade dress and logos (collectively, "Marks") contained or described on the Sites (including, without limitation, Associated Training Services and any Marks associated with any Products) are the sole property of Associated Training Services and/or its suppliers and licensors and may not be copied, imitated, framed, or otherwise used, in whole or in part, without the prior written permission of Associated Training Services or its suppliers or licensors. In addition, all page headers, custom graphics, button icons and scripts are Marks of Associated Training Services and may not be copied, imitated or otherwise used, in whole or in part, without the prior written permission of Associated Training Services. Associated Training Services will enforce its intellectual property rights to the fullest extent of the law.
Links on the Sites to third-party websites are provided to enhance your Associated Training Services experience and to provide you with the opportunity to utilize value-added entertainment and educational content. If you use these links, you will leave the Sites. Any information you provide to these third-party websites while on these third-party websites is subject to the respective third-party's privacy policy, and not Associated Training Services' Privacy Policy. Associated Training Services does not control any such third-party websites. You agree that neither Associated Training Services nor any of its parent or subsidiary companies will be responsible or liable for any content, goods or services provided on or through these outside websites or for your use or inability to use such websites. Associated Training Services does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give to any third-party sites. You will use these links at your own risk.
Without limiting the foregoing, your correspondence or business dealings with, consumption of products or services of, or participation in promotions of, third-parties found on or through the use of the Services, including payment for and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You agree that neither Associated Training Services nor its affiliated companies shall be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third-parties on the Associated Training Services Sites.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT ASSOCIATED TRAINING SERVICES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ASSOCIATED TRAINING SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITES OR SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITES OR SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITES OR IN CONNECTION WITH THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SITES OR SERVICES.
If you are dissatisfied with any Associated Training Services material, or with any of Associated Training Services terms and conditions, your sole and exclusive remedy is to discontinue using Associated Training Services Sites and Services.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold Associated Training Services and its parent and subsidiary companies harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your breach of the Terms of Use or your violation of any law or the rights of a third party.
Unless otherwise specified, the Materials are presented solely for the purpose of promoting products available in the United States and its territories and possessions. Associated Training Services controls and operates the Sites from its offices located in the State of Wisconsin in the United States of America. Associated Training Services makes no representation that Materials contained on the Sites are appropriate or available for use in other locations. Those who choose to access the Sites from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Associated Training Services does not intend its Sites and/or Services to be used by individuals under the age of 18 without the supervision of a parent or guardian 18 years of age or older. Associated Training Services relies upon parents or guardians 18 years of age or older to determine if the Sites and/or Services are appropriate for the viewing, access, or purchase by such individuals under the age of 18. If an individual under the age of 18 uses the Associated Training Services Sites and/or the Services, such individual may only use the Sites and/or Services under the supervision of a parent or guardian 18 years of age or older.
Associated Training Services respects the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied on the Sites and/or Services in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Associated Training Services Copyright Agent the following information:
Associated Training Services
7190 Elder Lane
Sun Prairie, WI 53590
By phone: 800-383-7364
By email: admissions@operator-school.com
Associated Training Services reserves the right, without notice and at its sole discretion, to suspend or terminate the Terms and/or your ability to access or use the Sites and/or Services, and to block or prevent future access to and use of the Sites and/or Services for any reason, including your breach of the Terms or other conduct by you that Associated Training Services considers inappropriate. Associated Training Services reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites and/or Services (or any part thereof) with or without notice. You agree that neither Associated Training Services nor any of its parent or subsidiary companies shall be liable to you or to any third party for any modification, suspension or discontinuance of the Sites and/or Services.
The Terms shall be exclusively governed by and construed in accordance with the laws of the State of Wisconsin within the United States of America without giving effect to any principles of conflicts of law. If any provision of the Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. Associated Training Services makes no representation that the Terms comply with the laws of any other country. Visitors who use the Sites and/or Services and reside outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. By virtue of your use of the Site(s), you agree not to transfer, by electronic transmission or otherwise, any Materials derived from the Sites and/or Services in violation of any laws.
By use of the Sites and/or Services, you consent to receive electronic communications from Associated Training Services (via email or via a posting on the Sites), and you agree that any such communications satisfy any legal requirement to make such communications in writing.
If you have any comments or questions regarding these Terms of Use, or wish to report any violation of these Terms of Use, please contact us at admissions@operator-school.com. We will address any issue to the best of our abilities as soon as possible.