Last Updated:  April 25, 2023

Agreement to Legal Terms

Doubt Out Training operates the website https://doubtouttraining.com (the “Website”) as well as any other related products and services that refer or link to these legal terms (the “Terms”) (collectively, the “Service”).

These Terms constitute a legally binding agreement made between You, the person using this Service and Website, whether personally or on behalf of another individual or entity, and Doubt Out Training, concerning your access to and use of the Service. You agree that by accessing the Service, you have read, understood, and agree to be bound by all of these Terms. If you do not agree with all of these Terms, then you are expressly prohibited from using the Service and You must discontinue use immediately.

Supplemental terms and conditions or documents that may be posted on the Service from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updated the “Last Updated” date of these Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Service after such revised Terms are posted.

The Service is intended for users who are at least 13 years of age. All users who are minors in the jurisdiction they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Service. If you are a minor, you must have your parent or guardian read and agree to these Terms prior to using the Service.

We recommend that you print a copy of these Terms for your records.

Our Service

The information provided when using the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Service form other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Service is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc). If your interactions would be subjected to such laws, you may not use the Service. You may not use the Service in a way that would violate the Gramm-Leach-Billey Act (GLBA).

Intellectual Property Rights

Doubt Out Training’s Intellectual Property

Doubt Out Training is the owner or the licensee of all intellectual property rights in our Service, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Service (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”).

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and traties in the United States and around the world.

The Content and Marks are provided in or through the Service “as-is” for your personal, non-commercial use only.

Your Use of Our Services

Subject to Your compliance with these Terms, including the section titled “Prohibited Activities” below, we grant you a non-exclusive, non-transferable, revocable license to:

·      Access the Service; and

·      Download or print a copy of any portion of the Content to which you have properly gained access.

This non-exclusive, non-transferable, revocable license is solely for your personal, non-commercial use.

Except as set out in this section or elsewhere in our Terms, no part of the Service and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without the express written consent of Doubt Out Training.

If you wish to make use of the Service, Content, or Marks other than as set our in this section or elsewhere in our Terms, please contact Doubt Out Training directly through the channels provided for on the Service. If we ever grant you the permission to post, reproduce, or publicly display any part of our Service or Content, you must identify us as the owners or licensors of the Service, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

We reserve all rights no expressly granted to you in and to the Service, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Terms and your right to use the Service will terminate immediately.

Your Submission

Please review this section and the “Prohibited Activities” section carefully prior to using our Service to understand the (a) rights you give us, and (b) obligations you have when you post or upload any content through the Service.

Submissions: By directly sending us any question, comment, suggestion, idea, feedback or other information about the Service (“Submissions”), you agree to assign us all the intellectual property rights in the Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgement or compensation to you.

You are responsible for what you post or upload: By sending us Submissions through any part of the Service, you:

·      Confirm that you have read and agree with our “Prohibited Activities” and will not post, send, publish, upload or transmit through the Service any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;

·      To the extent permissible by applicable law, waive any and all moral rights to any such Submission;

·      Warrant that any such Submission are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and

·      Warrant and represent that your submissions do not constitute confidential information.

You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.

User Representations

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms; (4) you are not under the age of 13; (5) you are not a minor in the jurisdiction in which you reside or, if you are a minor, you have received parental permission to use the Service; (6) you will not access the Service through automated or non-human means, whether through a bot, script or otherwise; (7) you will not use the Service for any illegal or unauthorized purpose; and (8) your use of the Service will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

User Registration

You may be required to register to use the Service. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

Purchases and Payment

We accept the following forms of payment:

·      Cash

·      Any Major Credit Card accepted by Stripe

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Service. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US dollars.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Service. This may include orders placed under the same customer account, the same payment method, and/or transactions that use the same billing or shipping address.

Policy

All sales are final and no refund will be issued.

Prohibited Activities

You may not access or use the Service for any purpose other than that for which we make the Service available. The Service may not be sued in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Service, you agree not to:

·      Systemically retrieve data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from us.

·      Trick, defraud, or mislead us and/or other users, especially in any attempt to learn sensitive account information such as user passwords, or engage in any other dishonest or deceitful activity while using the Service.

·      Circumvent, disable, or otherwise interfere with security-related features of the Service, including features that prevent or restrict the use of copying of any Content or enforce limitations on the use of the Service and/or the Content contained therein.

·      Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Service.

·      Use any information obtained from the Service to harass, abuse, or harm another person, including persons affiliated with Doubt Out Training.

·      Make improper use of our support services or submit false reports of abuse or misconduct.

·      Use the Service in a manner inconsistent with any applicable laws or regulations.

·      Engage in unauthorized framing of or linking to the Service.

·      Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Service or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation or maintenance of the Service.

·      Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots or other similar data gathering and extraction tools.

·      Delete the copyright or other proprietary rights notice from any Content.

·      Attempt to impersonate another user or person or the username of another user.

·      Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).

·      Itnerfere with, disrupt or create an undue burden on the Service or networks or services connected to the Service.

·      Harass, annoy, intimidate or threaten any of our employees, agents, representatives, or any other person or entity affiliated with Doubt Out Training or engaged in providing any portion of the Service to you.

·      Attempt to bypass any measures of the Service designed to prevent or restrict access to the Service, or any portion of the Service.

·      Copy or adapt the Service’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

·      Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Service.

·      Except as may be the result of standard search engine or internet browser usage, use launch, develop, or distribute any automated system, including, without limitation, any spider, robot, cheat utility, scraper or offline reader that accesses the Service, or use or launch any unauthorized script or other software.

·      Use a buying agent or purchasing agent to make purchases on the Service.

·      Make any unauthorized use of the Service, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

·      Use of the Service as part of any effort to compete with us or otherwise use the Service and/or the Content for any revenue-generating endeavor or commercial enterprise.

·      Use the Service to advertise or offer to sell goods and services.

User Generated Contributions

The Serevice does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Service, including, but not limited to, text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Service and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Service’s Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

·      The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe on the proprietary rights, including, but not limited to, the copyright, patent, trademark, trade secret, or moral rights of any third party.

·      You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, Doubt Out Training, the Service, and other users of the Service to use your Contributions in any manner contemplated by the Service and these Terms.

·      You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual to enable inclusion and use of your Contributions in any manner contemplated by the Service and these Terms.

·      Your Contributions are not false, inaccurate, or misleading.

·      Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

·      Your Contributions are not obscene, lewd, lascivious, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined in the sole discretion of Doubt Out Training).

·      Your Contributions do not ridicule, mock, disparage, intimidate or abuse anyone.

·      Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.

·      Your Contributions do not violate any applicable state, federal, local, and/or municipal law, ordinance, regulation, or rule.

·      Your Contributions do not violate the privacy or publicity rights of any third party.

·      Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.

·      Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical and/or cognitive disability.

·      Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms, or any applicable law or regulation.

Any use of the Service in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Services.

Contribution License

You agree the Service and Doubt Out Training may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding the Service, you agree that we can use and share such feedback for any purpose without compensating your.

We do not assert any ownership over your Contributions. You retain full ownership of all your Contributions and any intellectual property rights or other prioprietary rights associated with your Contributions (as differentiated from Submissions above). We are not liable for any statements or representations in your Contributions provided by your in any area on the Service. You are solely responsible for your Contributions to the Service and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

Guidelines for Reviews

We may provide you areas on the Service to leave reviews or ratings. When posting a review, you must comply with the provisions of the Contributions and Submissions sections of these Terms, including, but not limited to, the following criteria: (1) you should have firsthand experience with he person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers the review(s) objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant Doubt Out Training and the Service and perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to said review(s).

Mobile Application License

Use License

If you access the Service via an App, whether now or in the future, as that option may be available from time to time, then we grant you a revocable, non-exclusive, non-transferrable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions ot his mobile application license contained in these Terms. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; (3) violate any applicable Federal, State, and/or local laws, rules, ordinances or regulations in connection with your access or use of the App; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App; (5) use of the App for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the App available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App; (8) use the App to send automated inquires to any website or to send any unsolicited commercial email; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.

Apple and Android Devices

The following terms apply when you use the App obtained form either the Apple Store or Google Play (each an “App Distributor”) to access the Service: (1) the license granted to your for our App is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this mobile application license contained in these Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (3) in the vent of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor will have no other warranty obligation whatsoever with respect to the App; (4) you represent and warrant that (i) you are not located in a country that is subject to a US government embargo, or that has been designated by the US government as “terrorist supporting” country, and (ii) you are not listed on any US government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the App, e.g. if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the App; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms against you as a third-party beneficiary thereof.

Third-Party Websites and Content

The Service may contain (or you may be sent via the Website or App) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by Doubt Out Training or the Service, and neither Doubt Out Training nor the Service are responsible for any Third-Party Websites accessed through the Service or any Third-Party Content posted on, available through, or installed from the Service, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, or linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content that does not imply approval or endorsement thereof by us. If you decide to leave the Service and access the Third-Party Websites or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Service or relating to any applications you use or install from the Service. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold both the Service and Doubt Out Training harmless from any damages caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by your or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

Services Management

We reserve the right, but are in no way obligated to: (1) monitor the Service for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including, without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion, and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible), any of your Contributions or any portion thereof; (4) in our sole discretion, and without limitation, notice, or liability, to remove from the Service or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Service in a manner designed to protect our rights and property and to facilitate the proper functioning of the Service.

Privacy Policy

Please review our Privacy Policy located on this Website. By using the Service, you agree to be bound by the Privacy Policy, which is incorporated into these Terms as if set forth fully herein. Please be advised the Service is hosted in the United States. If you access the Service from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Service, you are transferring your data to the United States, and you expressly consent to have your data transferred and processed in the Untied States. Further, we do not knowingly accept, require or solicit information from children other than that reasonably necessary for Doubt Out Training to carry out its business. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable consent of a parent or guardian, we will delete that information from the Service as quickly as is reasonably practicable.

Term and Termination

These Terms shall remain in full force and effect while you use the Service. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SERVICE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON, OR ENTITY, FOR ANY REASON OR NO REASON AT ALL, INLUDING, WITHOUT LIMITATION, FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE FEDERAL, STATE, AND/OR LOCAL LAW, REGULATION, RULE OR ORDINANCE. WE MAY TERMINATE YOUR USE OR PARTICIPATING IN THE SERVICE OR DELETE YOUR ACCOUNT, TO THE EXTENT THAT ONE EXISTS, AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, AND IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited form registering and creating a new account under your name, an assumed name, pseudonym, fake or borrowed name, or the name of any third-party, even if you may be acting on behalf of the third-party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including, without limitation, pursuing civil, criminal, injunctive, or any other relief available in law or in equity.

Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion, without notice. However, we have no obligation to update any information on our Service. We also reserve the right to modify or discontinue all or part of the Service without notice at any time. We will not be liable to your or any third party for any modification, price change, suspension or discontinuance of the Service.

We cannot guarantee the Service will be available at all times. We may experience hardware, software, or other problems, or need to perform maintenance related to the Service, resulting in interruptions, delays or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Service at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Service during any downtime or discontinuance of the Service. Nothing in these Terms will be construed to obligate us to maintain and support the Service or to supply any corrections, updates, or releases in connection therewith.

Governing Law

These Terms and your use of the Service are governed by and construed in accordance with the laws of the State of Illinois applicable to agreements made and to be entirely performed within the State of Illinois, without regard to its conflict of law principles.

Dispute Resolution

Any legal action of whatever nature brought either by your or us (collectively, the “Parties” and, individually, the “Party”) shall be commenced or prosecuted in the state and federal courts located in Lake County, Illinois, and the Parties hereby consent to, and waive, all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded form these Terms. In no event shall any claim, action, or proceeding be brought by either Party related in any way to the Service be commenced more than (1) year after the cause of action arose, or as permitted by any statute of limitations barring the action under the laws of the State of Illinois.

Corrections

There may be information on the Service that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Service at any time, without prior notice.

Disclaimer

The Service is provided on an as-is and as-available basis. You agree that your use of the Service will be at your own risk and take sole responsibility for your use. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Service and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the Service’s content or the content of any websites or mobile applications linked to the Service and we will assume no liability or responsibility for any of the followings: (1) errors, mistakes or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the Service, (5) any bugs, viruses, trojan horses or the like, which may be transmitted to or through the Service by any third-party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the services. We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the Service, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any Third-Party Providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

Limitations of Liability

In no event will Doubt Out Training or our employees, agents, representatives, assigns or any other person or entity affiliated with Doubt Out Training be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including, but not limited to, lost profit, lost revenue, loss of data, or other damages arising from your use of the Service, even if we have been advised of the possibility of such damages, notwithstanding anything to the contrary contained in the Terms as set forth herein, our liability to you for any cause whatsoever and regardless of the form of the action will, at all times, be limited to the lesser of the amount paid, if any, by you, to us, or other adequate amount agreed on by the Parties. Certain United States and International laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers and limitations may not apply, and you may have additional rights.

Indemnification

You agree to defend, indemnify and hold harmless Doubt Out Training and its subsidiaries, affiliates, and all of its respective employees, officers, agents, representatives, partners, and any other person or entity affiliated or associated with Doubt Out Training, from and against any loss, damage, liability, claim or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Service; (2) breach of these Terms; (3) any breach of your representations and warranties set forth in these Terms; (4) your violation of the rights of a third party including, but not limited to, intellectual property rights; or (5) any overt harmful act toward any user of the Service with whom you connected via the Service. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

User Data

We will maintain data that you transmit to the Service for the purpose of managing the performance of the Service, as well as data relating to your use of the Service, and as otherwise provided in the Privacy Policy. Although we will take all commercially acceptable steps to backup this data, you are solely responsible for all the data that you transmit or that relates to any activity you have undertaken using the Service. You agree that we shall have no liability to you for any loss or corruption of such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Electronic Communications, Transactions, and Signatures

Visiting the Service, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on the Service, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELEIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITITATED OR COMPLETED BY US OR VIA THE SERVICE. You hereby waive any rights or requirements under any Federal or State statutes, regulations, rules, ordinances, or other laws in the State of Illinois or any other jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210, or (916) 445-1254.

Miscellaneous

These Terms and any policies or operating rules posted by Doubt Out Training on the Service or in respect to the Service constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any reason beyond our control. If any provision or part of a provision of these Terms is determined to be unlawful and unenforceable and/or void, that provision or part of the provision is deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and Doubt Out Training as a result of these Terms or use of the Service. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.

Contact

In order to resolve a complaint or claim regarding the Service, or to receive further information regarding use of the Service, please contact Doubt Out Training via the channels provided for on the Website.