Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "User") and EDWartens, the Training Division of Wartens ("EDWartens," "we," "us," or "our"), governing your access to and use of the website located at edwartens.com/us and all related services, content, and materials (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use our Services.

We reserve the right to modify these Terms at any time. Changes will be effective when posted on this page with an updated "Last updated" date. Your continued use of the Services after any changes constitutes acceptance of the revised Terms.

2. Eligibility

You must be at least 16 years of age to use our Services. By using our Services, you represent and warrant that you meet this age requirement and that you have the legal capacity to enter into these Terms.

If you are using the Services on behalf of an organisation, you represent and warrant that you have the authority to bind that organisation to these Terms, and references to "you" shall include that organisation.

3. Use of the Website & Services

You agree to use our Services only for lawful purposes and in accordance with these Terms. You shall not:

• Use the Services in any way that violates any applicable federal, state, local, or international law or regulation.
• Transmit any material that is defamatory, obscene, fraudulent, harmful, or otherwise objectionable.
• Attempt to gain unauthorised access to any part of the Services, other accounts, computer systems, or networks connected to our servers.
• Use any automated system, including bots, scrapers, or spiders, to access the Services without our express written permission.
• Interfere with or disrupt the integrity or performance of the Services or the data contained therein.
• Reproduce, distribute, modify, create derivative works of, publicly display, or exploit any content from the Services without prior written consent.

We reserve the right to suspend or terminate your access to the Services at any time, without notice, for conduct that we determine, in our sole discretion, violates these Terms or is harmful to other users, us, or third parties.

4. User Accounts

Certain features of our Services may require you to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorised use of your account.

We reserve the right to disable any user account at any time if, in our opinion, you have failed to comply with any provision of these Terms.

5. Intellectual Property Rights

All content, features, and functionality of the Services -- including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, course materials, training content, and the design, selection, and arrangement thereof -- are the exclusive property of EDWartens, Wartens, or our licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

The EDWartens name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Wartens or its affiliates. You may not use such marks without our prior written permission.

No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by EDWartens.

6. Course Enrolment & Payments

When you enrol in a training course or programme through our Services, you agree to pay all applicable fees as described at the time of purchase. All fees are quoted in United States Dollars (USD) unless otherwise stated and are non-refundable except as expressly set out in our refund policy or as required by applicable law.

We reserve the right to change our pricing at any time. Any price changes will not affect orders already confirmed at the time of the change.

Payment processing is handled by third-party payment processors. Your use of such payment services is subject to their respective terms and privacy policies.

7. Disclaimers

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

EDWartens does not warrant that the Services will be uninterrupted, timely, secure, or error-free, that the results obtained from use of the Services will be accurate or reliable, or that any defects will be corrected.

The training content provided through our Services is for educational purposes only and does not constitute professional advice. You should seek independent professional advice before acting on any information obtained through our courses.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EDWARTENS, WARTENS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES.

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO EDWARTENS IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS (US $100.00).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such cases, our liability will be limited to the maximum extent permitted by law.

9. Indemnification

You agree to indemnify, defend, and hold harmless EDWartens, Wartens, and their respective officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with your access to or use of the Services, your violation of these Terms, or your infringement of any intellectual property or other rights of any third party.

10. Governing Law & Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Any legal suit, action, or proceeding arising out of or related to these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware, in each case located in Kent County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

11. Dispute Resolution

Before filing any legal action, you agree to first attempt to resolve any dispute informally by contacting us at us@wartens.com. We will attempt to resolve the dispute through good-faith negotiation within thirty (30) days.

If the dispute is not resolved through informal negotiation, either party may pursue formal proceedings as described in the Governing Law section above. You agree that any claims will be brought solely in your individual capacity and not as a plaintiff or class member in any purported class or representative action.

12. Severability

If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, it shall be severed from these Terms. The remaining provisions shall continue in full force and effect.

13. Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices or policies published by us on the Services, constitute the entire agreement between you and EDWartens with respect to the subject matter hereof and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written, between you and EDWartens.

14. Contact Us

If you have any questions about these Terms of Service, please contact us:

• EDWartens (Training Division of Wartens)
• 1121 Forrest Ave, Dover, DE 19904, United States
• Email: us@wartens.com
• Phone: +1 484 414 5620