Windowtinting.com Video Training Courses

TERMS OF USE

Last updated November 13, 2024

We are Windowtinting, Inc., DBA Windowtinting.com (hereinafter "Company," "we," "us," "our", "ours"), a corporation registered in California, United States. Our contact information is the main phone number of: 1-800-580-7953, email address of: [email protected], and postal mailing address of: 1675 Pioneer Way #C, El Cajon, CA 92020-2625, United States.

We operate the Main Website shown here: https://www.windowtinting.com/ and any URL Extensions, Sub Domains or Other Web Pages of the Main Site (collectively, the "Site"), as well as any other related things that refer or link to this Terms of Use (collectively, the "Legal Terms"). 

We mostly provide a hands-on training and on-line video training for an Automotive Tinting Course, Residential/Commercial Tinting Course, Paint Protection Film (PPF) Course, and a related Business Management Course (collectively, the "Services").

These Legal Terms constitute a legally binding agreement made between the User (hereinafter "you", “your”, “yours”), whether personally or on behalf of an entity, and Windowtinting, Inc., concerning your access to the Site and use of the Services. You agree that by accessing the Site and Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND SERVICES; IN TURN, YOU MUST DISCONTINUE USE IMMEDIATELY.

When applicable, and solely deemed by us, we will make an effort to provide you with prior notice of any scheduled changes and updates to the Services you are using. The modified Legal Terms will become effective upon posting or notifying you from [email protected], as stated in the email message. By continuing to use the Services after the effective date, or Last Update, of any changes, you agree to be bound by the modified terms.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services; however, in this event, we request you have a person that is 18 years of age or older, such as a parent or legal guardian, create an account on our Site. We recommend that you print a copy of these Legal Terms for your records.

TABLE OF CONTENTS

1. OUR SERVICES

2. INTELLECTUAL PROPERTY RIGHTS

3. USER REPRESENTATIONS

4. USER REGISTRATION

5. PRODUCTS

6. PURCHASES AND PAYMENT

7. REFUNDS POLICY

8. PROHIBITED ACTIVITIES

9. USER GENERATED CONTRIBUTIONS

10. CONTRIBUTION LICENSE

11. GUIDELINES FOR REVIEWS

12. SERVICES MANAGEMENT

13. PRIVACY POLICY

14. TERM AND TERMINATION

15. MODIFICATIONS AND INTERRUPTIONS

16. GOVERNING LAW

17. DISPUTE RESOLUTION

18. CORRECTIONS

19. DISCLAIMERS

20. LIMITATIONS OF LIABILITY

21. INDEMNIFICATION

22. USER DATA

23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

24. CALIFORNIA USERS AND RESIDENTS

25. MISCELLANEOUS

26. COPYRIGHT PROTECTED

27. USE RESTRICTIONS LEADING TO PENALTIES AND/OR PROSECUTION

28. INDIVIDUAL RESULTS

29. LAWS AND RESTRICTIONS

30. CONTACT US

1. OUR SERVICES

The information provided when using the Services 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 Services from 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 Services are not tailored to comply with industry-specific regulations, such as: Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc. Therefore, if your interactions would be subjected to such laws, you may not use the Services. In addition, you may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including, but not limited to all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (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 treaties in the United States and around the world. The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" in section #8 below, we grant you a non-exclusive, non-transferable, revocable license to:

• access the Services; and
• download, or print, one copy of ONLY supporting PDF files, NOT VIDEOS, for that you have properly been given permission to and is intended solely for your personal, non-commercial use, which is never to be provided to anyone else in anyway.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services 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 purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: [email protected]. IF we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, 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 not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately. In addition, such an act(s) will be considered an infringement, or violation, and you may be liable for Civil and Criminal charges with the FBI and/or INTERPOL leading to penalties and/or prosecution.

Your submissions

Please review this section, and the "PROHIBITED ACTIVITIES" in section #8 below, carefully prior to using our Services to understand the rights you give us.

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such 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 acknowledgment or compensation to you.

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

• confirm that you have read and agree with our "PROHIBITED ACTIVITIES" in section #8 below and will not post, send, publish, upload, or transmit through the Services 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.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, 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 Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services 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 Services (or any portion thereof).

4. USER REGISTRATION

You may be required to register to use the Services. 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.

5. PRODUCTS AND SERVICES

All Products and Services are subject to availability. We reserve the right to discontinue any Products and Services at any time for any reason. Prices for all Products and Services are subject to change at any time.

6. PURCHASES AND PAYMENT

We accept the following forms of payment:

-  Visa

-  Mastercard

-  American Express

-  Discover

-  PayPal

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. 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, or prices, 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 Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by anyone, such as; dealers, resellers, or distributors.

7. REFUNDS POLICY

All sales are final for ANY Purchase, including but not limited to, ANY Special Discount and NO REFUND(S) will be issued at any time; unless otherwise as noted on any Pre-Order offer page(s) that is solely granted and approved by us. 

For further explanation, please know due to the nature of our Services, or On-Line Video Training Course and/or Content, once you make a purchase, this information is made immediately available and visible to you. Therefore, all sales will be final. However, some exception(s) may be granted in extreme cases. In that event, please contact us for further details, and trust in the fact we will make every effort to help you.

In the event of an approved refund from us, you understand and agree it could take on an average of 5 to10 business days (more or less), for the processing companies to credit the authorized funds, deemed by us, back to your original payment method, and that this action is out of our control.

In addition, the Service and/or video production should not be compared to a cinema level quality, or any quality level of expectation for that matter. That said, our apologies in advance, that the auto-focus, in minor sporadic areas of some videos, was trying to self-adjust slightly for very brief moments and was out of our control; however, we felt this did not take away from the training and you are welcome to request a sample just prior to purchase, if needed. In any case, your personal dissatisfaction will not merit a refund in any way at any time.

Also, our Services on the Site may, or may not include, but not limited to: offers, training, supplies, referrals, sources or anything of the sort, in which you assume would or should have been provided. In turn, we cannot be responsible for anyone’s presumptions of their choice for purchases; therefore, we advise you to contact us at any time prior to purchase in order to get clarification, if needed, towards anything you wish to be known, or believe something should have been included. In any case, this will not be grounds for a refund in anyway at any time.

8. PROHIBITED ACTIVITIES

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

As a user of the Services, you agree NOT TO:

• Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
• Use any information obtained from the Services in order to harass, abuse, or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Services in a manner inconsistent with any applicable laws or regulations.
• Engage in unauthorized framing of or linking to the Services.
• Upload or transmit (or attempt to upload or to 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 Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or 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 use the username of another user.
• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
• Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
• Harass, annoy, intimidate, or threaten us, or any of our employees, or agents engaged in providing any portion of the Services to you.
• Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
• Copy or adapt the Services' 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 Services.
• 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 Services, or use or launch any unauthorized script or other software.
• Use a buying agent or purchasing agent to make purchases on the Services.
• Make any unauthorized use of the Services, 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 the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or enterprise.
• Use the Services to advertise or offer to sell goods and services.
• Sell, share in anyway, or otherwise transfer your profile.
• Use or allow, no more than three (3) Internet Protocol (IP) Addresses and/or devices to access the Content and Services from your account.

9. USER GENERATED CONTRIBUTIONS

The Services does not offer users to automatically submit or post content on the Site; however, 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 Services, including but not limited to: text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). You agree that Contributions may be viewable by other users of the Services on our Site, or through third-party websites, and may or may not qualify as displayable by us at our sole discretion. As such, any Contributions you transmit may be treated in accordance with the Services' and Privacy Policy; as noted in the Table of Contents section #13 below (“Privacy Policy”). In turn, when you create or make available any Contributions to us, 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 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, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal 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 person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal 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, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
• 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 law, 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 handicap.
• Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.

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

10. CONTRIBUTION LICENSE

You agree that we may access, store, process, and use any information and personal data of your choices (including settings) that you provide us in accordance with these Legal Terms and the Privacy Policy. By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions, and you retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions; unless it is conflicting with these Legal Terms, Services and the Privacy Policy, which will be deemed at the sole discretion of us. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

11. GUIDELINES FOR REVIEWS

We may provide you areas on the Services to leave reviews or ratings that is in accordance with the Contributions. In addition, when posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the 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.

In turn, we may accept, reject, or remove reviews at our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. You understand and agree, reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any other Users, 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 to us a 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 a review that is at our sole discretion and reasonable by us.

12. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal 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 Services 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 Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

13. PRIVACY POLICY

We care about data privacy and security. As such, please review our Privacy Policy shown here: https://videotraining.windowtinting.com/pages/privacy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United States. If you access the Services 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 Services, you are transferring your data to us and the United States, and you expressly consent to have your data transferred to us and processed in the United States.

14. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect BEFORE, DURING and AFTER you use the Services at any time; unless otherwise noted in writing. 

WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING OR REFUNDS IN ANYWAY, IN OUR SOLE DISCRETION.

If we terminate or suspend you and/or your account for any reason, you are prohibited from registering and creating a new account under your name, a 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, and injunctive redress; which you may be liable for Civil and Criminal charges with the FBI and/or INTERPOL leading to penalties and/or prosecution.

15. 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 and we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services 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 Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

16. GOVERNING LAW

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of not only the State of California, but worldwide and applicable to these Legal Terms, without regard to its conflict of law principles. 

17. DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the aspects of negotiations, such as; formal court costs of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought on by either you or us (individually, a "Party" and collectively, the "Parties"), then the Parties agree to attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days from the first official notice to each other, before initiating arbitration. 

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the American Arbitration Association (AAA) website, shown here: https://www.adr.org/. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in San Diego, California at a time and location or process, deemed solely at our discretion. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in San Diego, California, 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 from these Legal Terms.

In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

18. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including but not limited to; descriptions, pricing, availability, and various other information, etc. (collectively “Corrections”). We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice, and we will not be responsible nor liable for these Corrections; however, we will make every effort to fix these Corrections in a timely manner.

19. DISCLAIMERS

GENERAL DISCLAIMERS

ALL INFORMATION ON THE SITE OR SERVICE IS PROVIDED IN GOOD FAITH, HOWEVER, THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES 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 SERVICES' CONTENT, OR THE CONTENT OF THE SITE, OR MOBILE APPLICATIONS LINKED TO THE SITE OR SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (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 SERVICES, (3) ANY UNAUTHORIZED ACCESS TO THE SITE, 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 SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES 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 THE SITE, OR ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE OR SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR SERVICES, 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. 

PROFESSIONAL DISCLAIMERS

THE SITE CANNOT AND DOES NOT CONTAIN LEGAL ADVICE. THE LEGAL INFORMATION IS PROVIDED FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND IS NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE. ACCORDINGLY, BEFORE TAKING ANY ACTIONS BASED UPON SUCH INFORMATION, WE ENCOURAGE YOU TO CONSULT WITH THE APPROPRIATE PROFESSIONALS. WE DO NOT PROVIDE ANY KIND OF LEGAL ADVICE. THE USE OR RELIANCE OF ANY INFORMATION CONTAINED ON THE SITE IS SOLELY AT YOUR OWN RISK.OF LEGAL ADVICE. THE USE OR RELIANCE OF ANY INFORMATION CONTAINED ON THE SITE IS SOLELY AT YOUR OWN RISK.

TESTIMONIALS DISCLAIMERS

THE SITE MAY CONTAIN TESTIMONIALS BY USERS OF OUR PRODUCTS AND/OR SERVICES. THESE TESTIMONIALS ARE INTENDED TO REFLECT THE REAL-LIFE EXPERIENCES AND OPINIONS OF SUCH USERS. HOWEVER, THE EXPERIENCES ARE PERSONAL TO THOSE PARTICULAR USERS, AND MAY NOT NECESSARILY BE REPRESENTATIVE OF ALL USERS OF OUR PRODUCTS AND/OR SERVICES. WE DO NOT CLAIM, AND YOU SHOULD NOT ASSUME, THAT ALL USERS WILL HAVE THE SAME EXPERIENCES. YOUR INDIVIDUAL RESULTS MAY VARY. THE TESTIMONIALS ON THE SITE MAY BE SUBMITTED IN VARIOUS FORMS SUCH AS TEXT, AUDIO AND/OR VIDEO, AND ARE TYPICALLY REVIEWED BY US BEFORE BEING POSTED. THEY APPEAR ON THE SITE MAINLY VERBATIM, AS GIVEN BY THE USERS; EXCEPT FOR THE OCCASIONAL CORRECTION OF GRAMMAR OR TYPING ERRORS. SOME TESTIMONIALS MAY HAVE BEEN SHORTENED FOR THE SAKE OF BREVITY WHERE THE FULL TESTIMONIAL MAY CONTAIN EXTRANEOUS INFORMATION NOT RELEVANT TO THE GENERAL PUBLIC. THE VIEWS AND OPINIONS CONTAINED IN THE TESTIMONIALS BELONG SOLELY TO THE INDIVIDUAL USER AND DO NOT REFLECT OUR VIEWS AND OPINIONS. WE ARE NOT AFFILIATED WITH USERS WHO PROVIDE TESTIMONIALS, AND USERS ARE NOT PAID OR OTHERWISE COMPENSATED FOR THEIR TESTIMONIALS.

PREVIOUS STUDENT DISCLAIMERS

IF YOU, OR ANYONE YOU KNOW, HAD BEEN A PREVIOUSLY REGISTERED STUDENT(S) OF OURS PRIOR TO APRIL 2021, THEN ANY OF OUR SERVICES/CONTENT (I.E., VIDEOS) WILL NOT BE FREE; HOWEVER, SOME DISCOUNTS MAY APPLY. IN THAT EVENT, YOU WOULD NEED TO CONTACT US FOR MORE DETAILS.

20. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE, OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $600.00 USD. CERTAIN US STATE LAWS 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 OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

21. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, 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 Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal 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 other user of the Services with whom you connected via the Services. 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 our reasonable awareness.

22. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we may perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting or using, the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, 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 DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any 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.

24. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, shown here: https://www.dca.ca.gov/ or in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254. IF this address, phone number, or department is not current or accurate at the time of inquiry, you will be responsible to locate this source or an alternate means for a resolution. IF you are outside of California, or the USA, then please contact us for further information regarding this possible action.  

25. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal 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 cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal 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 Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

26. COPYRIGHT PROTECTED

This Service and Content is protected under U.S. Federal Copyright Laws by the Copyright Act of 1976, Title 17 and U.S. Registered Trademarks, along with being globally protected in other countries under The Berne Convention Implementation Act of 1988, and recognizes Windowtinting, Inc. DBA Windowtinting.com as the sole intellectual property owner.

27. USE RESTRICTIONS LEADING TO PENALTIES AND/OR PROSECUTION

You may NOT, under any circumstances, share, sell, steal, reproduce, distribute, upload/post on the internet, etc., this Content in any way. Such act(s) will be an infringement/violation and you may be liable for Civil and Criminal charges with the FBI and/or INTERPOL leading to penalties and/or prosecution.

28. INDIVIDUAL RESULTS

We will not be responsible for how You personally perform using the Service or the Content and all individual results may vary with no guarantees. This Service and Content may contain unintentional inappropriate language and/or gestures that some could find offensive; therefore, viewer discretion is advised.

The training shown will have techniques and tips that may not be suitable for everyone to perform; in turn, individual results may vary. Therefore, we are not responsible for your personal choices and safety in executing the training. In addition, you are strongly urged to exercise common sense when performing the training, Service or Content. If you have any hesitations in performing the training, or questions about the techniques and tips, you can contact us for possible alternative suggestions or support.

29. LAWS AND RESTRICTIONS

You are herby notified and required to always comply with any laws and restrictions for this Service and Content with those related industries in all areas, such as: local, state, county, reginal, provinces, territories and/or country, etc.

We will not be responsible for your personal choice of materials, supplies or products in any way with regards to the training, Services or Content and you must comply with any laws that govern your personal choices, decisions and actions.

30. CONTACT US

If you find anything contained within this document, such as, website address, postal address, or any general information to be inaccurate, please feel free to reach out to us immediately for a quick resolve. Also, in order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

Windowtinting, Inc.

1675 Pioneer Way #C

El Cajon, CA 92020-2625

United States

Phone: 1-800-580-7953

Fax: 1-619-334-2309

[email protected]