Online Tobacco Training LLC
Terms And Conditions Of Use

Please read these Terms and Conditions carefully before using this Site.

ACCEPTANCE OF TERMS

This website located at www.onlinetobaccotraining.com (this “Site”) is provided by ONLINE TOBACCO TRAINING LLC (“OTT”), conditional on your acceptance of the terms and conditions of use set forth below (the “Terms and Conditions”). By browsing, accessing, linking, using and/or downloading information (“Access” or similar term) from this Site, you agree to accept and abide by these Terms and Conditions for each use and each visit of this Site. If you do not agree to these Terms and Conditions, you should not Access this Site.

OTT provides this Site, the hypertext links to other websites proprietary to third parties that provide other services and other on-line resources accessible via this Site (“Third Party Websites”) and all related URLs (the “Services”) to you, subject to these Terms and Conditions. These Terms and Conditions are entered into between OTT and you. If you are using the Services on behalf of another person, you represent that you are authorized to accept these Terms and Conditions on that person’s behalf. Unless explicitly stated otherwise, these Terms and Conditions will govern your use of any new features that augment or enhance the current Services, including the release of new products or services.

 

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  1. Definitions

In addition to the terms defined throughout these Terms and Conditions, the terms “you”, “your” and “yours” refer to the guest, customer or purchaser utilizing this Site to obtain Services. The terms “we”, “us” and “us” refer to OTT.

 

  1. Changes to Terms and Conditions

OTT reserves the right, at any time, to modify, add to, delete from, alter, or update these Terms and Conditions (“Changes”), and you agree to be bound by such Changes. Changes shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to posting on this Site or by electronic or conventional mail. You agree to regularly review the Terms and Conditions posted at this Site and to be aware of Changes. Your use of this Site following any Changes constitutes your agreement to follow and be bound by these Terms and Conditions as changed.

 

  1. Training Program

The purchase of a training program from the Site is only valid for one individual employee at one store location. If you have multiple employees who would like to use the Site, you need to purchase a program for each employee. We are happy to consider a multiple employee/multiple location discount on a case by case basis based upon the number of courses you need to purchase. Please contact OTT at onlinetobaccotraining@gmail.com to request a discount code for multiple employees or multiple locations. It is your responsibility to send in the training certificate to OTT via email (onlinetobaccotraining@gmail.com) in a timely manner for processing. OTT will not contact you if they have not received your certificate and are under no obligation to do so. OTT will date your certificate as of the date when you submit it to OTT and OTT receives it for processing. Under no circumstances will OTT back date a certificate or process a certificate until it has received the payment due under the Site. The training program on the Site is certified by the New York State Department of Health. Please ensure that you and your employees are familiar with local laws which may differ from the laws imposed by New York State.

 

  1. Return Policy

The purchase of a training program from the Site is non-refundable. You can request a refund only if the Site is not working, you are unable to view the program and OTT is unable to fix it in a reasonable period of time.

 

  1. Permitted and Prohibited Uses

This Site is intended for the lawful use of members of the general public who are over the age of 18 years. Subject to these Terms and Conditions, OTT grants you a non-exclusive, non-transferable, limited right to access, use and view this Site and the information thereon, including without limitation, the training program, all text, design, graphics, drawings, photographs, video clips, music and sounds, and all trademarks, service marks and trade names used at this Site and the selection and arrangements thereof (collectively, the “Content”), solely for your own personal use, provided, however, that you may not, nor may you allow others to, directly or indirectly:

  1. sell, license, rent, reproduce, modify or attempt to modify or create derivative works from the Content in any way or reproduce or publicly display, perform, transmit or distribute or otherwise use the Content for any public or commercial purpose, including without limitation use of the Content on any other website or in any environment of networked computers;
  2. transfer the Content to any other person without the prior written explicit consent of OTT;
  3. use this Site in any manner that could damage, disable, overburden or impair this Site;
  4. upload, post or otherwise transmit or distribute on this Site any items, including without limitation computer viruses, Trojan horses, worms, backdoor, shutdown mechanism or other harmful, disruptive or destructive files or computer programs;
  5. interfere with the security of, or otherwise abuse, this Site or any Services, system resources, accounts, servers or networks connected to or accessible through this Site or associated or linked sites;
  6. infringe on any patent, trade-mark, trade secret, copyright, right of publicity, or other proprietary right of any person, or impersonate any person or entity;
  7. disrupt or interfere with any other person’s use or enjoyment of this Site or associated or linked sites;
  8. use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Site or the Content in whole or in part;
  9. use or attempt to use another’s account, password, service, system or other information without prior written authorization from OTT, or create or use a false identity on this Site;
  10. transmit on, to or from this Site spam, chain letters, junk mail or any other type of unsolicited mass e-mail;
  11. information of any kind that is threatening, harassing, libelous, defamatory, obscene, pornographic, fraudulent, deceptive, abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity, or contains a solicitation of funds, advertising, or a solicitation for goods or services; or
  12. attempt to obtain unauthorized access to this Site or portions of this Site which are restricted from general access.

You also agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of this Site, and that you will comply with all laws that apply or may apply to your use of or activities on this Site or in respect of the Content.

 

  1. Copyright and Trademarks

Unless otherwise noted, the training program offered by OTT and the other Content is subject to intellectual property rights including copyrights and trademarks held or licensed by OTT. You may watch the Content on this Site on a single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Any other reproduction or use without express prior written permission from OTT, or OTT’s content providers as the case may be, is strictly prohibited. Except as expressly provided herein, no license to use or reproduce the Content is given to you and all intellectual property rights therein are expressly reserved. Systematic retrieval of data or other Content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory without express prior written permission from OTT is prohibited.

 

  1. Links and Third-Party Websites

OTT may provide to you, on this Site, links to third party websites (the “Third Party Websites”) operated by other entities. These Third-Party Websites will typically be identifiable through a change to the URL in your Web browser, though the Site does occasionally contain content from Third Party Websites within the www.onlinetobaccotraining.com URL. You agree that this Site provides no dialogue box or other clear demarcation indicator when you leave this Site and enter a Third-Party Website. Links to Third Party Websites does not constitute an endorsement, sponsorship or recommendation by OTT of the Third-Party Websites, the entities themselves or of any content, services or products available on or through such Third-Party Websites. If you use these Third-Party Websites, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. Links do not imply that OTT or this Site is affiliated or associated with or is legally authorized to use any trade-mark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any Third-Party Website is authorized to use any trademark, trade name, logo or copyright symbol of OTT. Third Party Websites may create other contractual obligations between you and the third-party entity in addition to these Terms and Conditions.

This Site will from time to time contain materials, data or information provided, posted or offered by third parties, including but not limited to advertisements. You agree that OTT shall not have any liability whatsoever to you for any such third-party material, data or information.

 

  1. Submission of Information

Although OTT may provide certain security in an effort to protect the electronic transmission of certain information that you submit to OTT through this Site, OTT does not guarantee the security of any information transmitted to or from this Site, including to or from any Third-Party Websites linked to this Site. Submission of any financial (e.g. credit card) or other information to this Site or to any Third-Party Websites linked to this Site is entirely at your own risk and responsibility. Do not send any confidential or proprietary information to OTT through this Site. Except for personal information about you, any information you do send to OTT through this Site will be deemed NOT to be confidential (“Non-Confidential Information”). For any Non-Confidential Information you do send, you hereby grant to OTT a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute and sublicense any and all material or information submitted by you to this Site and/or to incorporate it in other works regardless of form, medium or technology. OTT is authorized to give a copy of your training certificate to the New York State Department of Health or any applicable county governmental agency. Additionally, OTT is authorized to divulge the date you purchased the training program and the date you submitted the certificate for processing. This information is not deemed confidential for any reason.

 

  1. Agreement to Privacy Policy

OTT respects your desire for privacy. OTT’s privacy policy (the “Privacy Policy”) can be found here. www.onlinetobaccotraining.com/privacy. By accessing this Site, you are consenting to the collection, use and disclosure of your personal information and to the terms of our Privacy Policy. If we decide to change our Privacy Policy, we will post the revised Privacy Policy prominently on this Site or otherwise bring it to your attention, so that you are always aware of what we do with your information.

 

  1. Accessing the Website.

We reserve the right to withdraw of amend the Site, and any service or material we provide on the Site, in our sole discretion without notice to you. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.

You are responsible for:

  1. Making all arrangements necessary for you or your employees to have access to the Site; and
  2. Ensure that all persons who access the Site through your internet connection are aware of these Terms and Condition and comply with them.

To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with this Site or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

To register for certain services such as to purchase a training program from the Site, you may choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password, or other security information other than the employee who will be taking the training course. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms and Conditions.

 

  1. Disclaimers

ALL CONTENT AND SERVICES PROVIDED ON OR THROUGH THIS SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NEITHER OTT, ITS AFFILIATES AND RELATED ENTITIES, NOR ANY OF ITS RESPECTIVE MEMBERS, MANAGERS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THOSE EXCLUSIONS MAY NOT APPLY TO YOU.

 

  1. Limit of Liability

IN NO EVENT SHALL OTT, ITS RESPECTIVE OWNERS, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, PARTNERS, EMPLOYEES, REPRESENTATIVES, AGENTS, CONTRACTORS, AFFILIATES, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU FOR YOUR ACCESSING OF THIS SITE OR UNDER OR RELATED TO THIS TERMS AND CONDITIONS FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, RELIANCE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, LOSS OF EXPECTED SAVINGS, OR ANY OTHER NON-DIRECT DAMAGES HOWSOEVER CAUSED WHETHER OR NOT OTT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND THEIR COLLECTIVE MAXIMUM LIABILITY TO YOU UNDER OR RELATED TO THIS TERMS AND CONDITIONS SHALL IN NO EVENT EXCEED THE COST OF A SINGLE TRAINING PROGRAM, THE LIMITATIONS OF LIABILITY AND DISCLAIMERS IN THIS TERMS AND CONDITIONS SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF CONTRACT OR THE FAILURE OF AN EXCLUSIVE REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OTT’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

 

  1. Indemnity

You agree to defend, indemnify and hold harmless OTT, its respective owners, members, managers, directors, officers, partners, employees, representatives, contractors, affiliates, agents, successors or assigns, including all third parties mentioned at this Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of this Site and the Content or your breach of these Terms and Conditions or in connection with your use of the Services.

 

  1. Arbitration

You agree that all disputes or disagreements between you and us relating to these Terms and Conditions, our Privacy Policy, the use of this Site or any Service in any way, or to any related matter (a “Dispute”) will be settled by final and binding arbitration by a single arbitrator pursuant to the provisions of the American Arbitration Association. Judgment upon the award rendered in any such arbitration may be entered in any court having jurisdiction thereof, or application may be made to such court for a judicial acceptance of the award and enforcement, as the law of such jurisdiction may require or allow. The arbitration shall take place in the town of Fairfield, CT. There shall be no discovery. The arbitrator shall not limit, expand or modify the terms of these Terms and Conditions nor award damages in excess of compensatory damages permitted under these Terms and Conditions, and you waive any claim to such excess damages. The arbitrator shall not have any ability to award any equitable remedies against us. The arbitrator shall not have the right to award any damages in excess of damages that could lawfully be awarded by a court of competent jurisdiction. The arbitrator shall issue a written decision containing findings and conclusions on all significant issues. Each party shall bear its own expenses and an equal share of all costs and fees of the arbitration. The content and result of any arbitration shall be held in confidence by all participants, each of whom will be bound by an appropriate confidentiality agreement.

 

  1. Choice of law

These Terms and Conditions shall be deemed to have been made and performed exclusively in the State of Connecticut and shall be governed by and construed under the laws of the State of Connecticut applicable therein without giving effect to its conflict of laws principles. You hereby submit to the exclusive forum, jurisdiction and venue of the courts of Connecticut for any claim related hereto, arising therefrom or in connection herewith and agree not to bring any action, claim, suit or proceeding against OTT (or any owner, officer, member, manager, director, partner or employee thereof) in any jurisdiction other than the State of Connecticut in the County of Fairfield.

 

  1. General

The Privacy Policy is a binding part of these Terms and Conditions, and together with these Terms and Conditions constitutes the entire agreement between OTT and you with respect to your use of this Site. OTT’s failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. Any cause of action you may have with respect to your use of this Site or which is the subject of these Terms and Conditions must be commenced within one (1) year after the claim or cause of action arises.

 

  1. Your comments and Concerns

The Site is operated by Online Tobacco Training, LLC, www.onlinetobaccotraining.com. All feedback, comments and requests for technical support, and other communications relating to the Site should be directed to onlinetobaccotraining@gmail.com or to Fran Hernandez, (917) 838 4210.

 

“Keeping Tobacco Out of the Hands of Minors.”
Online Tobacco Training LLC All Rights Reserved
www.onlinetobaccotraining.com