Terms & Conditions
Training
Terms & Conditions
1. THE AGREEMENT. Jack Doheny Companies, Inc. (“JDC”) agrees to provide training, teaching,
and/or classes (collectively, “Training”) for customers (“Customers”) subject to these Training Terms and
Conditions (“Terms”).
2. TRAINING REQUESTS. Customer shall provide JDC with a request for Training via electronic
transmission or as otherwise required in accordance with JDC’s guidelines (each a “Training Request”). All
requests placed by Customer shall be governed by these Terms, and any terms set forth in Customer’s
ordering document in addition to or inconsistent with these Terms shall be of no force or effect. These
Terms supersede all prior statements, representations, discussions, negotiations and agreements by the
parties, both oral and written. All Training Requests are subject to JDC’s acceptance. Training shall
commence on the dates specified by JDC in its acceptance.
3. PAYMENT. Customer agrees to pay for Training according to JDC’s quoted rate as of the date of JDC’s
acceptance of a Training Request, unless otherwise agreed. All payments, whether by credit card or other
form acceptable by JDC must be received at least [seven] ([7]) days prior to the commencement of Training.
For any customer that has qualified for JDC’s credit terms, payment will be due thirty (30) days from date
of JDC’s invoice. All applicable local sales or use taxes, duties and other imposts, if any, due on account of
purchases hereunder shall be paid by Customer.
4. RESPONSIBILITY OF CUSTOMER. Customer Conduct. JDC reserves the right to refuse, limit or
cancel any Training if a customer, in the sole opinion of JDC, has displayed unreasonable behavior or is
deemed to be unsafe, violent, abusive or disruptive. In such cases no refund or cancellation fee will be paid.
5. OWNERSHIP OF MATERIALS. Ownership of all copyright and other intellectual property rights in
the training materials used by JDC, including any documentation, technical information, manuals, and
know-how provided to Customer as part of the Training remains vested in the owner of the training
materials. All such information shall be held in confidence and may not be disclosed or copied to third
parties, without the express written permission of JDC.
6. NO WARRANTY. To the extent not prohibited by law, all Training, including any teaching, instruction,
or documentation, and other information provided by or on behalf of JDC or its suppliers to Customer is
furnished on an “AS-IS” basis, without warranty of any kind, whether express, implied, statutory or
otherwise especially as to quality, reliability, timeliness, usefulness, sufficiency and accuracy. ALL
IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF
CONDITION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
DISCLAIMED BY JDC AND ITS SUPPLIERS. NO ORAL OR WRITTEN INFORMATION
PROVIDED BY JDC SHALL CREATE A WARRANTY UNLESS INCORPORATED INTO THESE
TERMS.
7. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, JDC,
INCLUDING ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, AND
SUPPLIERS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR
OTHER INDIRECT DAMAGES, SUCH AS LOST PROFITS, ARISING FROM THESE TERMS EVEN
IF JDC HAS KNOWLEDGE OF THE LIKELIHOOD OF SUCH DAMAGES. IN THE EVENT THAT
JDC SHALL FAIL TO PROVIDE TRAINING IN ACCORDANCE WITH THESE TERMS, JDC’S
ENTIRE LIABILITY AND CUSTOMER’S EXCLUSIVE REMEDY FOR BREACH OF THESE TERMS
SHALL BE FOR JDC TO USE ITS REASONABLE EFFORTS TO REPERFORM THE TRAINING
WITHIN A REASONABLE PERIOD OF TIME; PROVIDED, THAT IN THE EVENT JDC IS UNABLE
TO REPERFORM, JDC MAY ELECT TO REFUND ALL PAYMENTS ACTUALLY RECEIVED BY
JDC FROM CUSTOMER FOR THE TRAINING IN QUESTION, IN FULL SATISFACTION OF JDC’S
OBLIGATIONS. SUCH REFUND SHALL CONSTITUTE JDC’S ENTIRE LIABILITY AND
CUSTOMER’S EXCLUSIVE REMEDY FOR SUCH BREACH. IN NO EVENT SHALL THE
AGGREGATE LIABILITY FOR DAMAGES OF JDC, ITS EMPLOYEES OR AGENTS, ARISING
FROM THESE TERMS WHETHER BY CONTRACT OR TORT EXCEED THE AMOUNTS
CUSTOMER ACTUALLY PAID JDC FOR TRAINING. TO THE EXTENT NOT PROHIBITED BY
LAW, THE LIMITATIONS IN THIS SECTION SHALL APPLY TO PERSONAL INJURY AND
DEATH ARISING FROM OR RELATED TO THE TRAINING.
8. INDEMNIFICATION. Customer shall indemnify, hold harmless, and release JDC from any and all
liabilities, losses, damages, claims, costs, and expenses, including reasonable attorneys’ fees, suffered or
incurred by JDC arising out of or in connection with (i) the Training, including any act of negligence or
other tortious conduct committed by Customer, (ii) any breach by Customer of these Terms, or (iii) any
claims asserted against JDC by a third party for death, damages, personal injury, or damage to property
which is attributable to the acts or omissions of Customer, its employees, agents, or affiliates arising from
or related to the Training.
9. MISCELLANEOUS. The laws of the State of Michigan shall govern these Terms and shall be applied
as if these Terms were entered into and performed entirely within Michigan between Michigan residents.
The venue for settling any disputes shall be the courts for the jurisdiction of Wayne County, California.
Neither party shall be liable for any delay or failure to meet its obligations under these Terms due to
circumstances beyond its reasonable control, including but not limited to war, riot, insurrection, civil
commotion, labor strikes or lockouts, shortages, factory or other labor conditions, fire, flood, earthquake or
storm. If any provision of these Terms should be held to be unenforceable or invalid for any reason, such
unenforceability or invalidity shall not affect the enforceability or validity of the remaining provisions, and
the parties will substitute for such provision an enforceable and valid provision that most closely
approximates the intent and economic effect of the unenforceable or invalid provision. No modification to
these Terms will be binding unless it is in writing and signed by an authorized representative of each party.
JDC may use subcontractors to perform Training. No assignment is permitted by Customer under these
Terms and any attempt to assign shall be null and void.