Minnesota Youth Intervention Programs Association’s Online Professional Development Trainings Terms and Conditions for Participation and Use

Welcome to the Minnesota Youth Intervention Programs Association’s (hereinafter referred to as “YIPA”) Online Professional Development Trainings. We hope that this training will assist you in achieving positive results in your efforts with youth. This document constitutes the Terms and Conditions for Participation in and Use of the Online Professional Development Trainings (hereinafter “Terms and Conditions”).

In order to participate in and use the Online Professional Development Trainings you must agree to these Terms and Conditions and must demonstrate your acceptance by clicking the “accept box” below.

You agree that YIPA may modify these Terms and Conditions, at any time, with or without notice.

1. CONTENTS OF THE ONLINE PROFESSIONAL DEVELOPMENT TRAININGS.

Unless specified otherwise in these Terms and Conditions, the contents of the Online Professional Development Trainings are protected by various laws, including but not limited to copyright, trademark, privacy and contract laws and are the property of YIPA. Unless specified otherwise in these Terms and Conditions, you may not modify, copy, publish, display, transmit, transfer, share, adapt, use for any purpose beyond that of your own training or education or otherwise exploit any training, education or information received through the Online Professional Development Trainings without YIPA’s written consent.

2. ONLINE PROFESSIONAL DEVELOPMENT TRAININGS PARTICIPANTS AND USERS.

You are permitted to participate in and use for your own training or education purposes the Online Professional Development Trainings only if: (1) you pay for the Online Professional Development Trainings , (2) are over the age of 18 at the time of payment, participation and use, (3) agree to these Terms and Conditions by accepting them and (4) have received an email directly from YIPA authorizing and permitting your participation in and use of the Online Professional Development Trainings and providing information as to how to access the different modules in the Online Professional Development Trainings.

YIPA only permits those who have paid for the Online Professional Development Trainings, are over the age of 18 years of age, and agree to these Terms and Conditions to participate in and use the Online Professional Development Trainings and have received an email directly from YIPA authorizing and permitting your participation and use in the Online Professional Development Trainings and providing information as to how to access the different modules in the Online Professional Development Trainings.

You must not share, allow, authorize, permit or otherwise make accessible (intentionally or unintentionally, voluntarily or involuntarily) participation in or use of the Online Professional Development Trainings to anyone (other than yourself) who is not in his/her or its own right permitted to participate in or use the Online Professional Development Trainings. If YIPA determines that you have shared, allowed, authorized, permitted or otherwise made accessible participation in or use of the Online Professional Development Trainings to anyone (other than yourself) who is not in his/her or its own right permitted to participate in or use Online Professional Development Trainings then YIPA may, at any time, without further notice to you or anyone else and without consent from you or anyone else, terminate, cancel, suspend, discontinue or shut-off either both, or either of, yours and any other’s participation in and use of the Online Professional Development Trainings . Furthermore, in the event this happens, YIPA will not refund your payment (or any portion thereof) and you expressly agree by accepting these Terms and Conditions that YIPA does not have to refund your payment (or any portion thereof) and you waive any claim for a refund of your payment (or any portion thereof).

3. ONLINE PROFESSIONAL DEVELOPMENT TRAININGS PARTICIPANT’S ASSUMPTION OF RISKS.

You understand and agree that by participating in and using the Online Professional Development Trainings you assume any and all risks related to the training, education or information received through the Online Professional Development Trainings. You also understand and agree that your authorized participation in and use of the Online Professional Development Trainings or the training education or information received through the Online Professional Development Trainings may not address, satisfy or meet your needs and requirements at any given time or place.

4. DISCLAIMER OF WARRANTIES, GUARANTIES, PROMISES AND REPRESENTATIONS.

YOUR PARTICPATION IN AND USE OF THE CERTIFICATION PROGAM IS "AS IS" WITH NO WARRANTY OF ANY KIND. ALL TRAINING, EDUCATION OR INFORMATION OBTAINED THROUGH THE ONLINE PROFESSIONAL DEVELOPMENT TRAININGS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YIPA DISCLAIMS ALL PROMISES, GUARANTIES, REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE IN NO EVENT WILL YIPA BE LIABLE FOR ANY DAMAGES, (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY. IN THE EVENT THAT DAMAGES MAY NOT BE DISCLAIMED HEREUNDER, FOR WHATEVER REASON, THE TOTAL AMOUNT OF DAMAGES THAT MAY BE AWARDED HEREUNDER IS FIFTY DOLLARS ($50.00).

FURTHER, YIPA DOES NOT GUARANTY, WARRANTY, PROMISE OR REPRESENT, EITHER EXPRESS OR IMPLIED, THAT: (1) THE ONLINE PROFESSIONAL DEVELOPMENT TRAININGS OR ITS CONTENTS ARE ACCURATE OR CORRECT; (2) THE LINKS IN THE ONLINE PROFESSIONAL DEVELOPMENT TRAININGS OR THEIR CONTENT ARE ACCURATE OR CORRECT; (3) AT ANY GIVEN TIME OR UPON REQUEST THE ONLINE PROFESSIONAL DEVELOPMENT TRAININGS OR ITS CONTENT WILL BE AVAILABLE FOR PARTICIPATION OR USE; (4) THE ONLINE PROFESSIONAL DEVELOPMENT TRAININGS WILL FUNCTION PROPERLY OR WITHOUT ERROR OR (5) THE ONLINE PROFESSIONAL DEVELOPMENT TRAININGS WILL OPERATE WITHOUT INTERRUPTIONS.

5. DEFENSE, INDEMINFICATION AND HOLD HARMLESS.

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS YIPA, AND ITS DIRECTORS, OFFICERS, BOARD MEMBERS, EMPLOYEES, VOLUNTEERS, AFFILIATES, AND BUSINESS PARTNERS, FROM AND AGAINST ANY RIGHT, SUIT, ACTION, CLAIM, DEMAND, OR DISAGREEMENT, INCLUDING FOR REASONABLE ATTORNEY'S FEES OR COSTS, MADE BY ANY THIRD PARTY DUE TO, RELATED TO, CONCERNING OR ARISING OUT OF: (1) YOUR PARTICIPATION IN OR USE OF THE ONLINE PROFESSIONAL DEVELOPMENT TRAININGS ; (2) ANY THREATENING, LIBELOUS, DEFAMATORY, SLANDEROUS, OBSCENE, HARASSING OR OFFENSIVE MATERIAL MADE BY YOU OR CONTAINED IN ANY OF YOUR COMMUNICATIONS, WRITTEN OR ORAL; (3) YOUR RELIANCE ON OR USE OF THE TRAINING, EDUCATION OR INFORMATION RECEIVED THROUGH THE ONLINE PROFESSIONAL DEVELOPMENT TRAININGS ; (4) YOUR UNAUTHORIZED MODIFICATION, COPYING, PUBLISHING, DISPLAYING, TRAMSMITTING, TRANSFERRING, SHARING, ADAPTING, USING FOR ANY PURPOSE BEYOND THAT OF YOUR OWN TRAINING OR EDUCATION OR EXPLOITATION OF ANY INFORMATION OBTAINED FROM THE ONLINE PROFESSIONAL DEVELOPMENT TRAININGS ; OR (5) YOUR VIOLATION OF, BREACH OF OR FAILURE TO FOLLOW THESE TERMS AND CONDITIONS.

6. MISCELLANEOUS TERMS.

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Minnesota, without reference to its conflict of laws rules.

As a condition of the participation in and use of the Online Professional Development Trainings , you agree to submit to the sole and exclusive jurisdiction of the courts located within Ramsey County, Minnesota to resolve any action, claim, right, suit, demand, dispute or disagreement related to, arising out of or concerning your participation in and use of the Online Professional Development Trainings , any training, education or information received through the Online Professional Development Trainings or these Terms and Conditions, and therefore waive any objection or defense, including that of personal jurisdiction or inconvenient forum, you may have to such jurisdiction or venue.

If any provision of these Terms and Conditions is found to be invalid or unenforceable that provision shall be enforced to the maximum extent possible and all other provisions of these Terms and Conditions shall remain in full force and effect. Any failure of YIPA to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right.

Nothing in these Terms and Conditions shall be construed as creating or constituting a partnership, joint venture or agency relationship between you and YIPA.

These Terms and Conditions may only be modified in a written agreement signed by you and YIPA, or by YIPA by its posting on-line of the modified Terms and Conditions to the Online Professional Development Trainings. YIPA has the right to immediately terminate, cancel, suspend, discontinue or shut-off your participation and use of the Online Professional Development Trainings without further notice to you or consent from you.

These Terms and Conditions constitute the complete and exclusive statement of the Terms and Conditions for the Online Professional Development Trainings.

You acknowledge that these Terms and Conditions are reasonable.

7. Online Professional Development Trainings.

You acknowledge that you have read these Terms and Conditions carefully and understand and accept the obligations that it imposes upon you without reservation and will fully and faithfully comply with such provisions. You acknowledge that you accept these Terms and Conditions voluntarily and freely.