11. General

Assignment and Transfer: Neither this Agreement nor any rights or obligations under it, whether by operation of contract, law or otherwise, may be transferred or assigned by you without TOIT Training LLC’s prior written consent, and any attempt to the contrary shall be null and void. This Agreement is freely assignable by TOIT Training LLC…?? Governing Law and Jurisdiction: These Terms and any claim or action related to or arising from these Terms or content on the Site shall be governed by California law, without regard to any provision that would make the laws of another jurisdiction applicable. All disputes between you and TOIT Training LLC shall be finally resolved through binding arbitration in California. The arbitration shall be conducted by one (1) arbitrator who is a retired judge. The parties shall conduct discovery as agreed upon or as permitted by the arbitrator. A party may file for an order on the arbitration decision exclusively in the California Superior Court, County of San Bernardino or the United States District Court for California. The parties shall share equally the costs of the arbitrator, arbitration body and arbitration facilities (if applicable). Each party may bring a claim or action for injunctive relief without submitting the claim to final and binding arbitration.

Neither party shall have the obligation to post a bond or demonstrate actual harm before bringing a claim or action for injunctive relief. Each party consents to the exclusive jurisdiction and venue of the California Superior Court, County of San Bernardino or the United States District Court California for any equitable claim or other action related to or arising from these Terms. Each party shall bear his/her/its own expenses and attorneys’ fees related to any arbitration, claim or action.

Force Majeure: Neither Party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections and/or any other cause beyond the reasonable control of the Party whose performance is affected.

Entire Agreement: This Agreement constitutes the entire agreement of the Parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written.

Amendment: No modification of this Agreement shall be valid except by written amendment signed by authorized representatives of TOIT Training LLC and You. Notwithstanding the foregoing, TOIT Training LLC, in its sole discretion, may modify the Licensed Materials from time to time.

Severability: If any provision or provisions of this Agreement shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

Waiver of Contractual Right: No term or provision of this contract shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by an individual authorized to so waive or consent.

No Waiver: Waiver of any provision herein shall not be deemed a waiver of any other provision herein, nor shall waiver of any breach of this Agreement be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.

Headings: Headings are for ease of reference only and shall not affect the construction or interpretation of this Agreement.

12. Privacy Policy

Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.

1) Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
2) We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
3) We will only retain personal information as long as necessary for the fulfillment of those purposes.
4) We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
5) Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
6) We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
7) We will make readily available to customers information about our policies and practices relating to the management of personal information.
8) We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

As you browse https://toittraining.com/ and other websites, online ad networks we work with may place anonymous cookies on your computer, and use similar technologies, in order to understand your interests based on your (anonymous) online activities, and thus to tailor more relevant ads to you. If you do not wish to receive such tailored advertising, please write us by using the like “contact us” at our website the most companies that engage in such advertising. (This will not prevent you from seeing ads; the ads simply will not be delivered through these targeting methods.)

13. Email and Telephone Communications

As part of your Learning Membership, we may contact you and your staff taking courses occasionally by email/phone and other communications such as marketing messages and or administrative communications relating to your Account (e.g., for purposes of Account recovery, feedback, usage experience or password reset). These communications are considered part of your Learning Membership, which you may not be able to opt-out from receiving. You can opt-out of many communications from TOIT Training LLC, such as new Connection emails; please see your Account Settings page or email info@toittraining.com with the subject line of “UNSUBSCRIBE” to be removed from the email listing. Note that we will never email you to ask for your password or other Account information.