Terms and Conditions for AGItraining.com

Terms and Conditions

1. Introduction:

1.1 Welcome to AGItraining.com. These Terms and Conditions of Use (the “Agreement”) govern your use of the Internet-based training services provided through this site (“Service”). The Service consists of computing and information services and software, information, interactive forums, and other content provided by American Graphics Institute and its affiliates (“AGI”). Terms for our classroom training and live in-person training are independent of these terms, with the exception of the qualifications, refund and rescheduling policy, which are listed in sections 7 and 8 of these terms.

1.2 Your participation in the Service is conditioned upon your acceptance of this Agreement. Please carefully read this Agreement and indicate your acceptance by using the Service, downloading a tutorial, or by purchasing any of our products. AGI reserves the right, in its discretion, to change all or any part of this Agreement at any time. Such changes shall be effective immediately upon publication of the modified Agreement on the Service. Your continued use of the Service following any changes constitutes your binding acceptance of these terms and conditions including any such changes.

1.3 If at any time any part of this Agreement is no longer acceptable to you, you should immediately terminate your use of this Service. Should you decide to terminate use of the service, AGI is not obligated to refund any portion of fees paid or to forgive any fees that remain payable, but it may consider requests for a refund or forgiveness of fees, as applicable, in its sole and absolute discretion. This does not apply to live training courses. The refund policy for live training courses is found under section 8 of these terms, below.

1.4 This Agreement is the entire agreement relating to its subject matter between you and AGI, and it supercedes any prior proposal, representation, or understanding between the parties, unless expressed in a formal contract, which will be interpreted in a manner consistent with this Agreement.

2. Grant of License:

AGI grants you the right to use a standard web browsing program not supplied by AGI (“Browser”) to view the information, software, photographs, audio and video clips, graphics, and other material contained on the Service (collectively, the “Content”) solely for your own individual (non-commercial) use on one personal computer or other device capable of displaying the Content. You may not share your access nor distribute any Content from the Service to others without the prior written permission of AGI.

3. Use of Service Content:

3.1 You acknowledge that the Service and all Content, including this website, the AGI square logo, the American Graphics Institute name are protected by copyright, trademark, registered trademark or other proprietary rights of AGI, or third party licensors. You agree to comply with any additional copyright notices, information, or restrictions applicable to any Content available on or accessed through the Service. American Graphics Institute, Digital Classroom, and all related trademarks, trade names, logos, characters, design, and trade dress are trademarks or registered trademarks of American Graphics Institute or its licensors in the United States and other countries and may not be used without written permission. This website is protected by Copyright owned by American Graphics Institute. The AGI square logo is a registered trademark of American Graphics Institute, LLC. The name "American Graphics Institute" is a registered trademark of American Graphics Institute, LLC. All other trademarks are the property of their respective owners.

3.2 You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in this Agreement. Content consisting of or containing downloadable software may not be reverse engineered unless specifically authorized by its proprietor.

3.3 You may download or copy the Content only for your own individual use as provided herein, and further provided that you maintain all copyright and other notices contained in such Content. You shall not store electronically any portion of any Content, except as may be temporarily stored by your Browser in its ordinary operation. Except as may be expressly permitted by U.S. copyright laws, no copying, storage, redistribution, or publication of any Content is permitted without the express prior written permission of the owners of such Content.

3.4 You grant to AGI the right to edit, copy, publish, distribute, translate, and otherwise use any Content that you place on the Service, in any medium. You represent and warrant that you are authorized to grant all rights set forth in the preceding sentence.

4. Service Rules of Conduct:

You may use the student forum feature of the Service for lawful purposes only. You may not upload to, or distribute or otherwise publish through the Service, any material which (a) is libelous, defamatory, obscene, pornographic, abusive, harassing or threatening, or otherwise objectionable to AGI in their sole and absolute discretion, (b) contains viruses or other contaminating or destructive features, (c) violates the rights of others, such as by infringing any copyright, trademark, patent, or trade secret or violating any right of privacy or publicity, (d) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail, or any form of lottery or gambling, chain letters or marketing/pyramid schemes, or the selling or trading of any merchandise, (e) contains links to sites that violate these Terms of Use, such as pornographic sites, defamatory sites, and so on, or (f) otherwise violates any applicable law. You may not use the Service for any commercial purpose, including advertising or solicitation of funds or goods and services. In addition, you may not use the Service to solicit subscribers to join other online information services that are competitive with the Service. Neither the administrators of nor the moderators of the Service or the student forum are responsible for the privacy practices of any user. Remember that all information that is disclosed in these areas becomes public information and you should exercise caution when deciding to share any of your personal information.

5. Managing Content:

AGI does not review material submitted to the Service by subscribers (“Subscribers’ Content”) and is not responsible for such Subscribers’ Content. However, AGI reserves the right to cancel your access to these areas and/or delete, move, modify, or edit any Subscribers’ Content, including messages posted in any forum that they may determine, in their sole discretion, violates this Agreement. You are and shall remain solely responsible for all Subscribers’ Content posted by you or by any other person using your account.

6. No Endorsement:

6.1 AGI does not represent or endorse the accuracy or reliability of any Subscribers’ Content displayed, uploaded, posted on any message board, or otherwise distributed through the Service. AGI expressly disclaim any liability related to Subscribers’ Content, and you acknowledge that any reliance by you upon such Subscriber Content shall be at your sole risk.

6.2 The Service may contain links to sites on the Internet that are owned and operated by third parties (the “External Sites”). You acknowledge that AGI is not responsible for the availability of, or the content located on or through, any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or External Sites.

7. Subscriber Qualifications:

7.1 If you register for an online class, or as part of your registration process, you will either be given an access key or a user id and password. If you are given an access key, you will select a password and fill in certain information about yourself. You must provide accurate, complete, and current registration information and you agree to provide the Service with any updates to that information promptly after such changes occur.

7.2 Individual subscriptions to the Service are available only to persons who are at least 18 years of age. Your right to use the Service is personal to you and cannot be transferred to any other person.

7.3 You are responsible for all use of your account under any password by any person, whether or not authorized by you, and for ensuring that all use of your account complies with this Agreement.

7.4 You shall be responsible for obtaining communication services, computer equipment, and other products or services necessary to access and use the Service. You shall be responsible for all charges associated with accessing and maintaining a connection to the Service including, but not limited to, charges imposed by an Internet service provider, or your local telephone company.

7.5 In New York, American Graphics Institute provides instruction to employees of persons or organizations which have contracted with American Graphics Institute or another organization to provide such instruction at no cost to the employees. By registering for courses, New York residents, employees, or those under the jurisdiction of New York Education Law are verifying the training is fully paid for by their employer, at no cost to them individually and in compliance with New York Education Law. This does not apply to those who are taking courses at American Graphics Institute for maintenance of required professional licensure, nor does it apply to drawing classes in New York, which may be attended by any individual.

8. Client Information, Fees; Renewal; Refund; Rescheduling:

8.1 Recorded on-demand online training subscriptions and refunds are governed separately under the terms of the DigitalClassroom.com site.

8.2 Your participation is subject to our Privacy Policy.

8.3 Live training courses, including live online training courses, (collectively "Training Course" or "Training Courses") may be cancelled by you, the client, at any time fifteen (15) or more calendar days before the scheduled class for a refund. 

8.4 Training Courses cancelled by you, the client, less than fifteen (15) days before a scheduled class are not refundable, and subject to payment of the complete course fee. Failure to arrive at a scheduled training course is considered to be a cancellation of the course by you. This fee may be waived if a request is made in writing to reschedule or cancel prior to the start of the course.

8.5 Substitutions to regularly scheduled open enrollment course registrations for Training Courses are allowed at no fee by contacting American Graphics Institute at 781-376-6044 before the start of the first day of training.

8.6 You may reschedule regularly scheduled open enrollment Training Courses as long as the request to reschedule is received at least ten (10) business days prior to the class date. Requests to reschedule courses within ten (10) days of a class date are subject to a $150 rescheduling fee.

8.7 Custom and private training sessions may be rescheduled or cancelled by you, the client, ten (10) or more business days before the date of training. You, the client, are responsible for any actual travel fees and costs that may have been incurred to facilitate the custom or private training, including any rescheduling or cancellation fees from airlines or hotels.

8.8 If you are unhappy with a regularly scheduled Training Course, let your instructor know by the lunch break on the first day of the course and you may receive either a refund or be rescheduled for a different course or instructor. After more than 25% of a course has been completed, refunds are not available, but AGI offers the option of retaking the same course at a future date for 12 months after completing the original course at no additional cost.   

8.9 AGI reserves the right to reschedule classes due to low enrollment. Such decisions will be made no later than 5 business days prior to the start of the class.

9. Service and System Availability:

AGI uses reasonable efforts to maximize system availability. AGI shall make a reasonable effort to correct any technical difficulties which may arise with the Service; however, AGI is not responsible for any Service down time. AGI is not responsible for any technical difficulties resulting from the World Wide Web, Internet access, and computer hardware or software.

The AGItraining.com site and the online learning site at Digital Classroom are tested on Mac and Windows computer systems as well as iOS and Android phones and tablets. On the desktop we test using recent versions of Internet Explorer (32 bit), Edge, Firefox, Safari, and Google Chrome. Certain functions within the site may be disabled due to lack of device or browser support. For example, lesson files for following along with a tutorial may require you to log-in using a desktop or notebook computer rather than working from a tablet device. Access to the eBook library from within Internet Explorer requires a 32-bit version of Internet Explorer and the Google Chrome plug-in, which is freely available and installs automatically.

10. Indemnity:

You hereby agree to indemnify, defend, and hold AGI and all of their respective officers, directors, employees, owners, agents, information providers, affiliates, and licensors (collectively, “Representatives”) harmless from and against any and all liability, losses, costs, and expenses (including attorneys’ fees) incurred by them in connection with any claim arising out of any use or alleged use of your account or password by any person, whether or not authorized by you. AGI reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and in such case, you agree to cooperate with their defense of such claim.

11. Termination of Service:

11.1 AGI reserves the right, in their sole discretion, to restrict, suspend, or terminate your access to all or any part of the Service at any time for any reason without prior notice or liability and without any obligation to refund any portion of fees paid.

11.2 AGI may change, suspend, or discontinue all or any aspect of the Service at any time, including the availability of any Service feature, database, or content, without prior notice or liability.

12. Disclaimer of Warrantees; Limitation of Liability:

12.1 THE SERVICE AND THE CONTENT ARE DISTRIBUTED ON AN “AS IS, AS AVAILABLE” BASIS. NONE OF AGI, THIRD PARTY CONTENT PROVIDERS, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE, ANY CONTENT, OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU. NONE OF AGI, NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DOES AGI, ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE OR THE CONTENT.

12.2 NONE OF AGI, ANY THIRD PARTY CONTENT PROVIDER, NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.3 SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF AGI, THIRD PARTY CONTENT PROVIDERS, AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

13. Third Party Rights:

The provisions of paragraphs 3, 4, 10, 12, and 16 are for the benefit of AGI, third party Content providers, and its and their respective employees, agents, and contractors. Each such party will have the right to enforce such provisions directly on its own behalf.

14. Miscellaneous:

This Agreement shall be construed in accordance with the laws of the Commonwealth of Massachusetts, and the parties irrevocably consent to bring any action to enforce this Agreement in the federal or state courts located in Boston, Massachusetts, USA. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. This Agreement may not be amended except in writing signed by both parties and no waiver by either party shall be deemed a waiver of any preceding or subsequent breach or default. The provisions of sections 3, 4, 7, 8, 10, 11, 12, 13, and 16 shall survive any termination of this Agreement, as well as any other provisions which by their terms or sense are intended to survive.

15.International Use:

We make no representation that materials on this website are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

16. Accessibility

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