Terms and Conditions
Terms and ConditionsBy creating an account, downloading materials, or otherwise interacting with this website and content, you (“You” or “User”) agree to be bound by all the terms and conditions contained in this legal contract (“Agreement”) between yourself and Cabrera Research Lab LLC (“CRL” or “Company”).
The Company is the creator and owner of the free and paid products, services, web pages, content, and patents (all together known as the “Products”) found at https://www.cabreraresearch.org/.
Access to and use of CRL’s training service (including any on-line courses, training material, activities, downloadables, and tutorials) (the “Services”) within the US and internationally is provided on the following Terms and Conditions.
CRL reserves the right to make change to these Terms and Conditions from time to time. The current Terms and Conditions will always be posted on our website. Your continued use of the Services will be deemed acceptance of the updated or amended Terms and Conditions. If you do not agree to the changes, you must cease using the Services.
1.1. “Confidential Information” means information provided by CRL to you in written, graphic, recorded, machine readable or other form, including, without limitation, the Course Materials, but does not include information in the public domain other than through the default of the party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party.
1.2. “Course Materials” means the information provided by CRL to accompany a course provided as part of the Services in hard copy or electronic form.
1.3. “Fees” means the fees paid by you to CRL for the Services.
1.4. “Intellectual Property Rights” means copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, rights in or relating to Confidential Information and other intellectual property rights (registered or unregistered) throughout the world.
1.5. “Online Course” means the delivery by us of an online course pursuant to which you learn course materials remotely.
1.6. “Services” means the provision of the Online Course and/or the Taught Course and/or the Course Materials together with such other services as agreed from time to time and purchased by you through the Website or by telephone.
1.7. “Taught Course” means a course taught by us in a classroom or other on-site setting to which you attend in person.
1.8. “Website” means any website or URL or domain put in place by CRL for the purpose of selling and/or delivering Services.
1.9. “you” means the individual purchasing and/or receiving the Services.
2. Use of the Services
2.1. We will provide the Services with reasonable care and skill in accordance with the description set out on the Website.
2.2. We reserve the right to vary or withdraw any of the Services described on the Website without notice.
2.3. We do not make any guarantee to you that you will obtain a particular result, professional qualification or employment opportunity from your purchase and completion of any of the Services.
2.4. You agree to use the Services only for lawful purposes. You may not use the Services or any part of it for commercial purposes.
2.5. You agree to use the Services in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the Services. Prohibited behavior includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within the Services.
2.6. We will take any necessary steps to protect the quality of service to our users. If we believe you are using excessive bandwidth or your use of the Services is adversely affecting our network (or any part of it) or our other users we reserve the right to manage or regulate your usage of the Services. This may include suspending your user account.
2.7. Although we aim to offer you the best service possible, we make no promise that the Services will meet your requirements. We cannot guarantee that the Services will be fault-free. If a fault occurs with the Services you should report it to firstname.lastname@example.org and we will attempt to correct the fault as soon as we reasonably can.
2.8. Your access to the Services may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the Services as soon as we reasonably can.
3. Purchase of Services and Registration
To register on this Website you must be over eighteen years of age.
You must ensure that the details provided by you on registration or at any time are correct and complete.
When you place an order for Services via the Website, you are offering to purchase the Services pursuant to these Terms and Conditions. CRL reserves the right to cancel or decline your order or any part of your order at any time until it has been confirmed in accordance with clause 3.6 below.
Following receipt by us of your order for Services via the Website we will contact you confirming receipt of your order.
A legally binding agreement between us and you shall come into existence when we have:
(a) accepted your offer to purchase Services from us by sending you an email confirming the purchase; and
(b) received payment of the relevant Fees from you in accordance with clause 5 below.
Where your order consists of multiple Online Courses or multiple Taught Courses, each individual course will be treated by us as a separate offer to purchase. Acceptance of your offer to buy one or more courses will not be acceptance by us of your offer to purchase any other courses which make up your order.
Your order is an offer to purchase Online Courses from us. The Online Courses will be made available to you once your payment has been authorized and the course session has started. There will be no contract of any kind between you and us unless and until you make authorized payment for the Online Courses. At any point up until then, we may decline to supply the Online Courses to you without giving any reason.
The fee for the Online Course Service is calculated and payable in advance of the course start date as set out on cabreraresearch.org. CRL shall be under no obligation to provide the Online Courses until the fee has been paid.
4. Suspension, Cancellation and Variation
4.1. Subject to clause 4.2 below, where we have accepted / confirmed the Services being purchased by you and formed a legally binding agreement with you in accordance with clause 3.5 above, then you are permitted within 14 working days starting on the day after the date we have concluded our agreement in accordance with clause 3.4, to cancel your purchase of the Services.
4.2. Within 3 hours of purchase, a confirmation email will be sent to the customer acknowledging payment and successful enrollment in the Online Course. The customer will be will be notified by email of an online URL where the Course Materials will be located. Customers may be required to create a username and password for logging into the site and accessing the Course Materials and the Online Course.
4.3. If you have purchased an Online Course and have already accessed all or part of the Online Course and/or started to use that Online Course, then you shall have no right to cancel your order.
4.4. Notwithstanding clause 4.1 there is no other right to cancel or vary your purchase of Services and any other cancellation and / or variation of course dates will be at the entire discretion of CRL.
4.5. We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.
4.6. You can cancel your registration at any time by informing us in writing at email@example.com. If you do so, you must stop using the Services.
4.7. The suspension or cancellation of your registration and your right to use the Services shall not affect either party’s statutory rights or liabilities.
5.1. The Fees for the Services shall be as set out on the Website.
5.2. Unless otherwise specified at the time you purchase the Services the Fees are exclusive of VAT or other local taxes, the cost of some Course Materials and any delivery costs payable in respect of the delivery of Course Material to you. Each of these costs will be set out in the Website.
5.3. Fees for the Service selected by you on the Website or purchased over the telephone shall be debited from your credit / debit card at the time of purchase. Fees must be paid in full prior to you attending any Taught Course or accessing any Online Course.
5.4. Any fees charged by your debit or credit card provider in connection with your purchase of Services are for your own account and CRL shall not be responsible for these. Your credit/ debit card details are not handled by CRL. All payment and all credit card handling is through the third parties: Shopify and Amazon Sellers. Our company does not store any credit card or payment details on our network. Authority for payment must be given at the time of placing your order.
5.5. You shall be responsible for all costs you incur in connection with your attendance at any Taught Courses or your access onto any Online Course.
6. Intellectual Property
6.1. All Intellectual Property Rights in the Course Materials, Online Courses and speeches made by trainers at the Taught Courses and in all other content are, and remain, the intellectual property of CRL or its licensors, whether adapted, written for or customized for the Client or not.
6.2. You are not authorized to:
(i) copy, modify, reproduce, re-publish, sub-license, sell, upload, disassemble, decompile, reverse engineer, download, broadcast, post, make available to the public, transmit, distribute, or otherwise use any of the Course Materials or any other CRL content in any way except for your own personal, non-commercial use without prior written permission;
(ii) record on video or audio tape, relay by videophone or other means the Online Course or Taught Course given;
(iii) use the Course Materials in the provision of any other course or training whether given by us or any third-party trainer;
(iv) remove any copyright, trademark or other notice of CRL on the Course Materials;
(v) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Online Courses.
Breach by you of this clause 6.2 shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any Services, including but not limited to access to the Online Courses.
6.3. In consideration of the Fees paid by you, we grant to you a limited, non-transferable, non-exclusive license to use the Course Materials and the software in respect of the Online Course for the sole purpose of completing the Online Course and / or attending the Taught Course.
6.4. The names, images and logos identifying CRL or third parties and their products and services are subject to copyright, design rights and trademarks of CRL and/or third parties. Nothing contained in these Terms and Conditions shall be construed as conferring any license or right to use any trade mark, design right or copyright of CRL or any other third party.
7.1. Each party shall keep the other party’s Confidential Information strictly confidential and not use it otherwise than for the purposes of these terms and conditions, and shall return it on demand and not retain copies of it.
7.2. Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them.
7.3. This clause shall continue notwithstanding termination of these terms and conditions.
8. Disclaimers and Limitations of Liability
8.1. Although CRL aims to provide the Services to the highest standards of the industry, neither it, nor its trainers accept any liability for (i) any inaccuracy or misleading information provided in the programs or Course Materials and any reliance by Client on any such information, (ii) any loss or corruption of data, (iii) any loss of profit, revenue or goodwill, or (iv) any indirect, special or consequential loss arising from any breach of the terms of this Agreement.
8.2. Except to the extent that they are expressly set out in these terms and conditions, no conditions, warranties or other terms shall apply to the Services.
8.3. CRL’s total liability arising from or in connection with these terms and conditions and in relation to anything which we may have done or not done in connection with these terms and conditions and the delivery of the Services (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Fees received by us in connection with the relevant Online Course or Taught Course in relation to which a dispute has arisen.
8.4. No claim may be brought more than six months after the last date on which the Services concerned have finished or ceased to be provided by us.
8.5. ALL CONTENT PROVIDED ON OR THROUGH THE SERVICES, INCLUDING THE INFORMATION, NAMES, IMAGES, PICTURES, LOGOS AND ICONS REGARDING OR RELATING TO CRL, ITS PRODUCTS AND SERVICES (OR TO THIRD PARTY PRODUCTS AND SERVICES), IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. TO THE EXTENT PERMITTED BY LAW, CRL EXCLUDES ALL REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED BY LAW), INCLUDING THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY AND ACCURACY. CRL DOES NOT GUARANTEE THE TIMELINESS, COMPLETENESS OR PERFORMANCE OF ANY ASPECT OF THE SERVICE OR ANY OF ITS CONTENT. WHILE WE TRY TO ENSURE THAT ALL CONTENT PROVIDED BY CRL IS CORRECT AT THE TIME OF PUBLICATION NO RESPONSIBILITY IS ACCEPTED BY OR ON BEHALF OF CRL FOR ANY ERRORS, OMISSIONS OR INACCURATE CONTENT ON THE SERVICE.
8.6. CRL DOES NOT WARRANT THAT FUNCTIONS AVAILABLE ON OR THROUGH THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS. YOU ACKNOWLEDGE THAT IT IS YOUR RESPONSIBILITY TO IMPLEMENT SUFFICIENT PROCEDURES AND VIRUS CHECKS (INCLUDING ANTI-VIRUS AND OTHER SECURITY CHECKS) TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR THE ACCURACY OF DATA INPUT AND OUTPUT.
9. Applicable Law
9.1. This Agreement shall be governed by the laws of New York State without giving effect to principles of conflicts of laws and, in connection therewith, each party consents to the exclusive jurisdiction of (i) the courts of the State of New York, Tompkins County and (ii) the United States District Court for the Southern District of New York for any dispute arising from this Agreement.
10.1. We shall be entitled to terminate these terms and conditions and cease to provide you with any Services with immediate effect in the event that you:
fail to pay when due your Fees;
act in an aggressive, bullying, offensive, threatening or harassing manner towards any employee of CRL, any teacher or lecturer who provides the Taught Courses or any student who attends any Taught Course;
steal or act in fraudulent or deceitful manner towards us or our employees or any other students who may be attending or taking our Taught Courses;
intentionally or recklessly damage our property or the property of our employees or other students attending or taking our Taught Courses;
are intoxicated through alcohol or illegal drugs while on our premises;
commit any criminal offence where the victim is our employee or student;
are in breach of these terms and conditions.
10.2. On termination clause 6 (liability), 6 (intellectual property rights), 7 (confidentiality) and 8 (disclaimers and limitations of liability) shall continue notwithstanding such termination.
Any Services provided by us under these terms and conditions are personal to you and cannot be transferred or assigned to any other person.
We shall be entitled to assign these terms and conditions to any other company without prior notice to you.
12. Entire Agreement
These terms and conditions constitute the entire agreement between the parties and supersede any prior agreements and arrangements, whether written or oral. You confirm that you have not relied on any representations in entering into these and any other terms and conditions with us. Nothing in this clause or terms and conditions shall limit liability for any fraudulent misrepresentation.
13. Force Majeure
CRL shall not be liable to you for any breach of its obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes, delay caused by transport disputes, failure to provide a course caused by a death in the trainer’s family, illness of the trainer, Government edict or regulation.
We may assign, transfer, sub-contract any of our rights or obligations to any third party at our discretion.
This document was last modified on 16 April 2020.