Terms of Service
This Terms and Services Agreement (this "Agreement") is made and entered into as of April 22, 2025 (the "Effective Date") by and between Joint Apprenticeship Training Committee's ("Company") and the user accessing and using the Company's website located at https://www.tidewaterjatc80.com/ (the "Website") (each, a "User" and collectively, the "Users").
ARTICLE I. WEBSITE SERVICES
1.1. Services. Company hereby grants each User a limited, non-exclusive, non-transferable, and revocable license to access and use the Website and the services, features, and content available through the Website (collectively, the "Services") solely for the User's personal, non-commercial use, subject to the terms and conditions of this Agreement.
1.2. Modifications. Company reserves the right, in its sole discretion, to modify, discontinue, or terminate the Website or any portion of the Services at any time without notice. Company may also impose limits on certain features, restrict access to parts of the Website, or require a User to register for or pay a fee to access certain Services.
1.3. User Conduct. Users agree to use the Website and Services only for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of, the Website or Services by any other User. Users shall not engage in any conduct that is prohibited by applicable Virginia laws or regulations governing the operation of commercial websites. Without limiting the foregoing, Users shall not:
(a) Upload, post, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or otherwise objectionable;
(b) Impersonate any person or entity, or falsely state or otherwise misrepresent their affiliation with a person or entity;
(c) Upload, post, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
(d) Upload, post, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
(e) Upload, post, or otherwise transmit any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;
(f) Interfere with or disrupt the Website, Services, or servers or networks connected to the Website or Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website or Services;
(g) Violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, and any regulations having the force of law;
(h) "Stalk" or otherwise harass another User or collect or store personal data about other Users;
(i) Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals.
ARTICLE II. INTELLECTUAL PROPERTY
2.1. Ownership. The Website, including all content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
2.2. Limited License. Subject to the terms of this Agreement, Company grants each User a limited, non-exclusive, non-transferable, and revocable license to use the Website and the Services for their personal, non-commercial use. Users may not copy, modify, create derivative works of, publicly display or perform, reverse engineer, or otherwise exploit any part of the Website or Services, except as expressly provided in this Agreement.
2.3. Intellectual Property Infringement. Company respects the intellectual property rights of others and expects Users to do the same. Company reserves the right to remove or disable access to any content that appears to violate third-party intellectual property rights. If a User believes that their work has been copied in a way that constitutes copyright infringement, they should provide Company's copyright agent with the following information:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) A description of the copyrighted work that has been infringed;
(c) A description of where the material that the User claims is infringing is located on the Website;
(d) The User's address, telephone number, and email address;
(e) A statement by the User that they have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(f) A statement by the User, made under penalty of perjury, that the above information in their notice is accurate and that they are the copyright owner or authorized to act on the copyright owner's behalf.
ARTICLE III. USER ACCOUNTS
3.1. Registration. Certain Services may require Users to register and create an account ("User Account"). Users agree to provide accurate, current, and complete information about themselves as prompted by the registration form for the User Account ("Registration Data") and to maintain and update their Registration Data to keep it accurate, current, and complete.
3.2. Security. Users are responsible for maintaining the confidentiality of their User Account login information, including their username and password, and for all activities that occur under their User Account. Users agree to immediately notify Company of any unauthorized use of their User Account or any other breach of security.
3.3. Termination of User Accounts. Company reserves the right to suspend or terminate a User's access to all or part of the Website and Services, with or without notice, for any reason, including if Company reasonably believes that the User has violated or acted inconsistently with the letter or spirit of this Agreement.
ARTICLE IV. DISCLAIMERS AND LIMITATIONS OF LIABILITY
4.1. Disclaimer of Warranties. THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
4.2. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE OR SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE OR SERVICES; (C) ANY CONTENT OBTAINED FROM THE WEBSITE OR SERVICES; OR (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL COMPANY'S TOTAL LIABILITY TO ANY USER FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE WEBSITE, OR THE SERVICES EXCEED THE GREATER OF $100 OR THE AMOUNT PAID BY THE USER TO COMPANY, IF ANY, IN THE PAST SIX MONTHS FOR USE OF THE WEBSITE OR SERVICES.
ARTICLE V. INDEMNIFICATION
Users agree to defend, indemnify, and hold harmless Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
(a) The User's violation of this Agreement or use of the Website or Services;
(b) The User's violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right;
(c) Any claim that the User's content caused damage to a third party;
(d) Any misrepresentation made by the User in connection with their use of the Website or Services;
(e) The User's failure to comply with any applicable laws, rules, or regulations in connection with their use of the Website or Services;
(f) Any dispute between the User and any other user of the Website or Services.
Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate with Company in asserting any available defenses.
ARTICLE VI. GOVERNING LAW AND DISPUTE RESOLUTION
6.1. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without giving effect to any choice or conflict of law provision or rule.
6.2. Arbitration. Any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Norfolk, Virginia before one arbitrator. The arbitration shall be administered by the American Arbitration Association ("AAA") pursuant to its Commercial Arbitration Rules and Mediation Procedures. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
6.3. Class Action Waiver. THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
ARTICLE VII. DATA PRIVACY AND SECURITY
7.1. Privacy Policy. Company's collection, use, and protection of User data is governed by the Company's Privacy Policy, which is incorporated herein by reference and can be found at https://www.tidewaterjatc80.com/index.php?Itemid=122. By using the Website and Services, Users consent to the data practices described in the Privacy Policy.
7.2. Data Security. Company implements reasonable security measures to protect User data from unauthorized access, disclosure, alteration, or destruction. However, no method of transmission over the Internet or method of electronic storage is 100% secure. Therefore, while Company strives to use commercially acceptable means to protect User data, Company cannot guarantee its absolute security.
7.3. Data Breach Notification. In the event of a data breach affecting User personal information, Company will notify affected Users in accordance with applicable laws and regulations.
ARTICLE VIII. TERMINATION AND POST-TERMINATION OBLIGATIONS
8.1. Termination by Company. Company may terminate this Agreement and a User's access to the Website and Services at any time, with or without cause, and with or without notice.
8.2. Termination by User. Users may terminate this Agreement at any time by discontinuing use of the Website and Services and closing their User Account, if applicable.
8.3. Effect of Termination. Upon termination of this Agreement for any reason:
(a) The User's right to access and use the Website and Services will immediately cease;
(b) The User must immediately cease all use of the Website and Services;
(c) The User must delete or destroy any copies of the Website content in their possession;
(d) Company may, but is not obligated to, delete any of the User's content stored on Company's servers.
8.4. Survival. The following provisions will survive termination of this Agreement: Articles II (Intellectual Property), IV (Disclaimers and Limitations of Liability), V (Indemnification), VI (Governing Law and Dispute Resolution), and any other provision that, by its nature, should survive termination.
ARTICLE IX. MISCELLANEOUS
9.1. Entire Agreement. This Agreement, together with the Privacy Policy and any other legal notices published by Company on the Website, constitutes the entire agreement between the User and Company regarding the Website and Services and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website and Services.
9.2. Severability. If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
9.3. Waiver and Amendments. No waiver of any term or right in this Agreement shall be effective unless in writing and signed by an authorized representative of the waiving party. This Agreement may only be amended by a written agreement executed by both parties.
9.4. Assignment. Users may not assign or transfer this Agreement or any of their rights or obligations hereunder, without the prior written consent of Company. Company may assign this Agreement or any of its rights or obligations hereunder without restriction.
9.5. Notices. All notices required or permitted to be given hereunder shall be in writing and shall be delivered to the parties at the addresses set forth below or to such other address as either party may designate by written notice to the other. Notices to Company shall be sent to 5315 Henneman Drive Norfolk, VA 23513. Notices to Users shall be sent to the email address provided in their User Account or by posting a notice on the Website.
9.6. Force Majeure. Company shall not be liable for any failure or delay in the performance of its obligations under this Agreement that is due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
9.7. No Third-Party Beneficiaries. This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.
9.8. Headings. The headings in this Agreement are for reference only and shall not affect the interpretation of this Agreement.
9.9. Electronic Communications. The communications between Users and Company use electronic means. For contractual purposes, Users (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides electronically satisfy any legal requirement that such communications would satisfy if they were in writing.
IN WITNESS WHEREOF, the parties have executed this Terms and Services Agreement as of the Effective Date.
COMPANY:
Tidewater Electrical Industry-JATC
By: Meghan Hurt
Title: Training Director
Address: 5315 Henneman Drive Norfolk, VA 23513
USER:
By using the Website and Services, the User acknowledges that they have read, understood, and agree to be bound by the terms and conditions of this Agreement.