Eagle Eye University Terms of Use
Last updated: February 9, 2021
These terms of use apply to courses offered through Eagle Eye University by Eagle Eye Power Solutions, LLC, a Wisconsin limited liability company with its principal offices at 6306 Eastwood Court, Mequon, WI 53092 (“Eagle Eye” or “our” or “we” or “us”). Questions about the courses and these terms of use can be directed to 1‑877‑805‑3377 or info@eepowersolutions.com.
Applicable Terms for Accessing an Eagle Eye University Course
These terms and conditions are in addition to the Legal Notice and Privacy Policy listed on our website, eepowersolutions.com. We will also send an invoice that will include additional terms. Please read the Legal Notice, Privacy Policy, any invoice and these terms of use carefully before purchasing an Eagle Eye University course.
If there is any conflict between our Legal Notice, Privacy Policy, invoice and these terms of use, the conflict shall be resolved by applying the following order of priority: (1) terms of use, (2) any applicable invoice related to an Eagle Eye University course, (3) Legal Notice and (4) Privacy Policy.
Ordering an Eagle Eye University Course
A course may be ordered by calling us at 1-877-805-3377, emailing us at info@eepowersolutions.com or visiting eagleeyeuniversity.talentlms.com. If available, we will send an invoice for the amount due for the course. A signed purchase order or payment of the amount due will reflect your acceptance of these terms of use, and the other applicable terms described above. Following submission of a signed purchase order or payment, we will send unique credentials that will permit you and any other Authorized User (defined below) to access the course in the agreed upon format, which may be through a third-party website or in‑person at an agreed upon location.
Permitted Use and Restrictions
Credentials sent are for the greater of either (a) the number of users specified on an Eagle Eye invoice or (b) one (“Authorized User”). In exchange for payment, we are granting any Authorized User a non-exclusive and limited license to, on a one-time basis, access and display the course specified on an Eagle Eye invoice, which license shall expire after 30 days from the date of the appliable Eagle Eye invoice. Authorized User may also download and print one copy of any documentation made available with the course, which shall not be reproduced or distributed by Authorized User.
You are not authorized to do any of the following: (1) copy, modify, reproduce, republish, sublicence, sell, upload, broadcast, post, transmit or distribute any of the course or related documentation without prior written permission; (2) record on video or audio tape, relay by videophone or other means any portion of a course; (3) use the course documentation in the provision of any other course; or (4) remove any of our copyright or other notices on course documentation. You doing any of the foregoing allows us to immediately terminate these terms of use and cease to provide you with any services, including but not limited to access to any course.
Retained Rights
All intellectual property rights in the courses offered by Eagle Eye University, including the presentation and related documentation, are and remain, the intellectual property of Eagle Eye Power Solutions, LLC, whether adapted or customized for your behalf.
Nature of Course Content
We provide each course with reasonable care and skill in accordance with the description set out on the Eagle Eye University website. Although we aim to provide the courses to the highest standards of the industry, neither Eagle Eye, nor its trainers accept any liability for (i) any inaccuracy or misleading information provided and any reliance by you on 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. Except to the extent that they are expressly set out in these terms of use, no conditions, warranties or other terms shall apply to the courses.
As a courtesy, we provide a certificate of completion. The certificate of completion merely recognizes the fact that the Authorized User completed the referenced course, and in way provides any warranty related to the Authorized User. We do not make any representations related to the certificate of completion, and disclaim any related liability that may arise from the Authorized User’s use of the certificate of completion.
OTHER THAN AS EXPRESSLY CONTAINED HEREIN, THERE ARE NO WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. WITHOUT LIMITING THE FOREGOING, WE DO NOT PROVIDE ANY WARRANTY THAT THE COURSES OR ANY PORTION THEREOF WILL BE FREE FROM ERRORS OR INTERRUPTION (INCLUDING INTERRUPTIONS DUE TO CYBERATTACKS OR MALICIOUS CODE OR OTHERWISE) OR BE COMPATIBLE WITH ANY HARDWARE OR SOFTWARE. WE DISCLAIM ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM AN AUTHORIZED USER’S ACCESS OR USE OF THE COURSES OR ANY PORTION THEREOF. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG SUCH WARRANTIES LAST, SO THE EXCLUSIONS OR LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO THE AUTHORIZED USER. THE FOREGOING EXCLUSIONS AND LIMITATIONS ARE NOT INTENDED TO APPLY TO: (A) DEATH OR BODILY INJURY TO THE EXTENT DIRECTLY CAUSED BY OUR GROSS NEGLIGENCE; OR (B) FRAUD OR WILLFUL MISCONDUCT.
OUR TOTAL LIABILITY ARISING FROM OR IN CONNECTION WITH THESE TERMS OF USE AND THE COURSES SHALL BE LIMITED TO THE FEES RECEIVED BY US IN CONNECTION WITH THE APPLICABLE COURSE IN RELATION TO WHICH A DISPUTE HAS ARISEN.
Termination
We shall be entitled to terminate these terms of use, and cease to provide you with any courses in the event that you: (1) act in an aggressive, bullying, offensive, threatening or harassing manner towards any employee of Eagle Eye or any student who attends any course; (2) cheat or plagiarize any work that you are required to prepare or submit in connection with a course; (3) steal or act in fraudulent or deceitful manner towards us or our employees or any other students who may be on our premises or attending our courses; (4) intentionally or recklessly damage our property or the property of our employees or other students attending our premises; (5) are intoxicated through alcohol or illegal drugs while on our premises; (6) commit any criminal offence committed on our premises or where the victim is our employee or student; or (7) are in breach of these terms and conditions. Despite the termination of these terms of use, your obligations listed under the headings “Permitted Use and Restrictions,” “Retained Rights,” and “Nature of Course Content” shall survive for the maximum term permitted by law.
Data Protection
The nature of the courses we provide online means that we will obtain, use and disclose (together “Use”) certain information about you (“Data”). This section sets out the principles governing our Use of Data. By accepting these terms of use, you agree to this Use:
- When you register with us you will need to provide certain Data such as your contact details and demographic information. We will store this Data and use it to contact you, provide you with details of the courses you have purchased and otherwise as required during the normal provision of the course.
- We may also use the Data, and similar Data you provide us in response to surveys, to aggregate user profiles and provide you with communications.
- To enable us to monitor and improve our courses, we gather certain aggregated information about you, including details of your operating system, browser version, domain name and IP address, the URL you came from and go to and the parts of our website you visit.
- We use information such as your credentials, session identifiers and password to enable us to identify whether you are using our services, assist with the provision of services and to ensure that you have access to relevant products. We will only read cookies from your cookie file placed there through your web browser’s interaction with our website.
- We may share Data with the employer of an Authorized User, consent to which is hereby given.
- Our courses may link to third party websites and we are not responsible for their data policies or procedures or their content.
- We attempt to take reasonable steps to protect your personal Data, but cannot guarantee the security of any Data you disclose. You accept the inherent security implications of being and transacting online over the internet and will not hold us responsible for any breach of security.
- If you wish to change or update the data we hold about you, please contact us.
Assignment
Any courses provided by us under these terms of use are personal to you as the Authorized User and cannot be transferred or assigned to any other person. We can assign our rights and obligations under these terms of use to any other company without prior notice to you.
Entire Agreement
These terms of use, together with the Legal Notice, Privacy Policy and invoices, are the entire agreement between the parties and supersede any prior agreements and arrangements, whether written or oral.
Force Majeure
We 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 order or regulation.
Law and Jurisdiction
These terms of use and any disputes hereunder shall be governed by and construed in accordance with the internal laws of the State of Wisconsin (without regard to principles of conflict of laws). The parties hereby stipulate and agree that any proceeding arising under or in connection with this Agreement will be commenced and prosecuted in its entirety in either the United States District Court for the Eastern District of Wisconsin or the Wisconsin Circuit Court for Milwaukee County, Wisconsin. Each party hereby agrees and acknowledges that it will not assert in any such action or proceeding that such court lacks personal jurisdiction or is not a convenient forum, and that the rights of both such persons to contest the jurisdiction or venue thereof are hereby waived to the fullest extent permitted by law.
Updates
From time to time, we will update these terms of use to track current practices and make changes that may be required by law. When updated, we will post them on our website, and note when the updated terms of use take effect with the “Last updated: [month, day and year]” notation at the beginning of the terms of use.
