PLEASE READ THESE TERMS AND CONDITIONS AND CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES.
Welcome to Zack Academy, a service of Zack Academy, Inc., a Delaware corporation (“Zack Academy” ‘we,’ ‘us,’ or ‘our’). Through our website located at www.zackacademy.com (the “Site”), Zack Academy provides a platform for educational courses and exam preparation seminars and informational compliance booklets and binders (the “Services”). These Terms and Conditions (the “Terms”) set forth the legally binding terms and conditions applicable to all users of the Site and Services. Please read through the Terms prior to making your purchase. If you are unsure about any section of these Terms, please contact us at 646-564-3546 so we can assist you.
Acceptance of Terms:
Changes & Cancellations For In-Person Courses
All seminars (in-house & scheduled) are subject to a 25% administration fee if written notice is given at least 5 business days in advance to: firstname.lastname@example.org. You may not receive a refund if written notice is not given at least 5 business days in advance. For classes where the training provider is listed as Aramsco, registration is non-refundable within 14 days of class. Attendee substitutions are permitted and must be emailed to email@example.com to be processed. In the event that Zack Academy cancels an event, you will receive a 100% refund or you can choose to apply your registration fees to another Zack Academy event. By submitting payment you agree to these Terms.
Changes & Cancellations For Live Webinar Courses:
All sales are final and refunds are not issued for Live Webinar Courses and Packages, i.e. the Silver LEED GA CMP Package.
Changes & Cancellations For Online Anytime Webinar Packages:
All sales are final and refunds are not issued for Online Anytime Webinar Packages, i.e. the Platinum CMP Package.
Changes & Cancellations For All Courses:
Zack Academy reserves the right to change instructors at its sole discretion without providing notice to you. No section of these Terms will be affected by a change of instructor, nor will refunds be granted in the event of a change of instructor.
Credit Card Disputes & Bounced Checks:
In the event of a bounced check, credit card dispute or a chargeback, a $25 fee will be owed to Zack Academy, Inc. and by agreeing to these terms, you agree to authorize Zack Academy to invoice you and/or charge your account information on file (via ACH or credit card) to settle this $25 fee.
Third Party Information & Services:
You may be able to access, review, display or use third party services, resources, content or information (“Third Party Materials”) through the Site. Such Third Party Materials may also include links to other websites, services or resources on the Internet, and other Third Party Materials may also contain links to the Site. By way of an example and not as a limitation, as part of the Site, Zack Academy will permit you to access information and services from businesses and entities that are not owned or operated by Zack Academy. In such instances, Zack Academy acts only as the link between you and such businesses. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the services or information received from or provided to such businesses are covered by their customer agreements, terms, and policies, which are solely between you and such businesses and entities. Zack Academy makes no representations or warranties of any kind, express or implied, regarding the services or information received from such third parties, and the fact that Zack Academy makes such information and services available should not be construed as an endorsement of the business or entities, or the services and information they provide. Your ability to access or link to Third Party Materials or third party services (including, but not limited to SNSs) does not imply any endorsement by Zack Academy of Third Party Materials or any such third party services. By using the Site you are directing the Site to present to you the Third Party Materials that you have selected. When you access third party websites, you do so at your own risk and you acknowledge that content displayed through any such website is the sole responsibility of the entity that makes it available. Third Party Materials and websites are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, availability, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by, or any association with, Zack Academy. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such information or services available on or through any such website or resource.
Travel, Lodging, and Other Expenses:
Zack Academy has the right to postpone courses if it provides you at least one (1) week of notice. Zack Academy must postpone courses when student registration does not reach the minimum required amount. In the event of a postponed course, we will provide you with alternative dates to transfer into. If you must book your travel arrangements (i.e., airline travel) more than one (1) week prior to the class start, please contact Zack Academy to ensure that the course has met minimum registration requirements prior to making your travel arrangements.
Tardiness, Early Departures, and In-Class Certification Examination Assistance:
Planned tardiness or early departures must be communicated to Zack Academy prior to the course start date and time. If you arrive after the posted course start time it is at the instructor's discretion to deny or grant entry to the class, and you may be subject to a 25% rescheduling fee or may be required to forfeit the training fees in its entirety. For classes that require certification examinations, the instructor may read the examination questions and answers to students but under no circumstances can the instructor write the answers on behalf of any student. This service is provided at the discretion of the instructor and is ultimately mandated by the certifying body (i.e. EPA, OSHA, local States, etc.) and is not under direct control of Zack Academy. All decisions made in class by the instructor with regards to this policy are final and any student that cannot complete the certification exam is not eligible for a refund. Students are encouraged to call and inquire about any writing or comprehension disabilities prior to purchasing a course, as this is the only way to guarantee a student's situation can be accommodated.
Relationship with GBCI, USGBC, & LEED:
Zack Academy is not associated with the GBCI, USGBC, or LEED and none of the aforementioned entities endorse Zack Academy in any way. Zack Academy will issue a Certificate of Completion to students upon successful completion of any of our seminars. The Certificate of Completion acknowledges only your successful completion of the course; it does not guarantee that you can take the Green Associate Exam. Only the GBCI admits applicants to take the exam. Zack Academy does not administer any of the LEED exams.
RRP Project Binder Disclaimer:
If you decide to purchase the OPTIONAL RRP Project Binder sold on the Site, please pay close attention to this section. The Environmental Protection Agency (a government agency, independent of Zack Academy) CANNOT issue an endorsement of the RRP Project Binder or any other privately issued professional publication. The RRP Project Binder is meant to be a guide to use when conducting lead-based paint renovations. Use of the RRP Project Binder does not guarantee a positive audit result, nor does it provide the answers to any questions that may be proposed by the EPA or other government agency. The RRP Project Binder was developed based on the EPA's Renovation, Repair, and Painting Rule 40 CFR Part 745 and designed to assist with streamlined record keeping, but this document is in no way, shape, or form specifically approved by the EPA. The RRP Project Binder was developed by an independent third party.
The RRP Project Binder is based on the EPA's Federal mandate and may not align with the State Programs that have been developed independent of the EPA's Federal mandate. Contractors in the following states should contact their local jurisdiction to confirm any additional record-keeping requirements that may exist.
• North Carolina
• Rhode Island
By purchasing the RRP Project Binder, you are hereby agreeing to the above section titled "Indemnity."
All purchases of the RRP Project Binder are final and returns/exchanges are not allowed. In the event of a course registration cancellation (including cancellations initiated by the Client or ZA), all RRP Project Manual purchases are final and are not eligible for returns nor exchanges.
YOU EXPRESSLY AGREE THAT USE OF THE SITE, SERVICES, AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. THE SERVICES AND ANY CONTENT (IF APPLICABLE) PROVIDED THEREIN ARE PROVIDED "AS IS", "AS AVAILABLE" AND ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, TO THE EXTENT PERMISSIBLE BY LAW.
ZACK ACADEMY, AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, AND PARTNERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES AND CONTENT IS SOLELY AT YOUR OWN RISK. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL LIABILITY OF ZACK ACADEMY, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS AND SUPPLIERS HOWSOEVER ARISING FOR ANY LOSS SUFFERED AS A RESULT OF YOUR USE THE SERVICES IS EXPRESSLY EXCLUDED, SAVE THAT, IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT LIABILITY OF ZACK ACADEMY, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS (AS APPLICABLE) HAS ARISEN, THE TOTAL OF SUCH LIABILITY SHALL BE LIMITED TO THE LESSER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO ZACK ACADEMY IN CONNECTION WITH THE SERVICES IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE OR LIABILITY OR (ii) IN AGGREGATE TO ONE HUNDRED US DOLLARS ($100.00).
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ZACK ACADEMY, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS (AS APPLICABLE), BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY OR OTHERWISE (AND WHETHER OR NOT ZACK ACADEMY, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HAD PRIOR KNOWLEDGE OF THE CIRCUMSTANCES GIVING RISE TO SUCH LOSS OR DAMAGE) WITH RESPECT TO THE SITE AND SERVICE:
• INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES;
• LOSS OF ACTUAL OR ANTICIPATED PROFITS;
• LOSS OF REVENUE;
• LOSS OF GOODWILL;
• LOSS OF DATA;
• LOSS OF ANTICIPATED SAVINGS;
• WASTED EXPENDITURE; OR
• COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES.
NOTHING IN THESE TERMS SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, CHARITY FOOTPRINTS’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Integration and Severability:
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. The failure of Zack Academy to enforce any right or provisions of these Terms will not be deemed a waiver of such right or provision. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Governing Law and Jurisdiction:
You and Zack Academy agree that any cause of action arising out of or related to these Terms or the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
These Terms will be interpreted in accordance with the laws of the State of Florida and the United States of America, without regard to its conflict of law provisions. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in Broward County, Florida, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If you are accepting these Terms on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these Terms and any action related thereto will be will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Florida (excluding choice of law).
We will not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). These Terms are personal to you, and are not assignable, transferable or sub-licensable by you except with Zack Academy’s prior written consent. Zack Academy may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect.