Terms and Conditions

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, DO NOT USE THIS WEBSITE.

In these Terms of Use, the words “you” and “your” refer to each Site visitor or user, your access to and use of this website, as well as all related websites operated by Bold Zebras, LLC, an Ohio limited liability company d.b.a. “PowerApps911” (the “Company”) (collectively the “Site”) is subject to the following terms and conditions contained herein (“Terms of Use”), the Privacy Policy, which is incorporated into these Terms of Use, and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Use and acknowledge that any other agreements between you and the Company are superseded and are of no force or effect:

Now therefore, in consideration of the Training (defined below) and all related products and/or services to be provided to you by the Company, you hereby agree to the following terms:

  1. Prices & Payment. You shall be invoiced a price for the online training course offered by the Company (the “Training”) and any and all related educational materials provided for use in the Training, which you agree to pay, including applicable taxes, as specified during registration (the “Price”). If the Company agrees to invoice your fees prior to the start of Training (as identified during registration), we may require you to pay an initial invoice before allowing you to attend the Training. The Price, and all other fees, is due at the time of registration. If any amount owed to Company by you is overdue by more than thirty (30) days and the Company brings a legal action to collect, or engages a collection agency to collect on the Company’s behalf, you hereby agree to pay the Company’s costs of collection, including reasonable attorney fees and court costs. If your check is returned for insufficient funds, we reserve the right to charge you a fee up to the maximum amount permitted by law. Fees must be paid in U.S. Dollars. Invoices that are not disputed within 180 days of invoice date are conclusively deemed accurate.
  2. Cancellations by Participant. If you choose to cancel Training you purchased, you must cancel Training at least thirty (30) calendar days prior to the scheduled start date of Training to receive a full refund of paid Training fees. If you do not provide at least thirty (30) days advanced written notice of cancellation and do not attend any classes as required by the Training, you will not receive a refund of any fees paid by you to the Company. Notice of cancellation should be provided to helpnow@powerapps911.com. If you cancel Training to reschedule Training for another session, your paid fees may be applied to the rescheduled Training at the Company’s sole discretion.
  3. Cancellation by the Company. Company reserves the right to cancel or reschedule any Training at any time and for any reason without notice. In the event Company cancels any Training prior to the start date of Training, Company will provide a full refund of prepaid fees. In the event Company cancels training after the start date of Training, Company will either refund a prorated portion of prepaid fees for those days that are cancelled or shall reschedule the portion of the cancelled class. Company will not, in any way, be responsible for any other costs, including loss of transportation or accommodation costs or other damages resulting from cancellation or rescheduling of Training.
  4. Participant Dismissal. You shall, whenever using the Company’s online classroom portal for Training, comply will all policies regarding conduct and security. You may be dismissed from Training if you threaten or harass other participants or the Training instructor or if your behavior, in the opinion the Company, is inappropriate, abusive, or disruptive. In the event you are dismissed from Training, you may not return. If you are dismissed, the Company will not refund any fees paid and will not reschedule the remainder of your Training.
  5. Course Materials. Company retains ownership of all copyright and other intellectual property rights in the course material provided in Training, including any documentation, technical information, and know-how provided in connection with the Training. Any information provided to you as part of the Training shall be held in confidence and may not be disclosed or copied, without the express written permission of the Company. You may not use a recording or copy device in Training without the Company’s express written consent.
  6. Sole User. You may not assign your rights to the account to any other person or entity without the signed, written consent of the Company. Each account registered with the Site is only valid for, and can only be used by, one person and only the person who owns the account. Accounts cannot be shared.  Violation of this will result in the Company disabling the account on the Site.
  7. Programs, Browsers, Equipment and Accessibility. The Company conducts the Training through Microsoft programs and technology. Company makes no warranties with regards to the accessibility or functionality of any Microsoft program and is not liable for any malfunctions or related issues thereof. You are solely responsible for obtaining and maintaining display devices, equipment and software, including without limitation operating system and browser software, that conforms to Company’s specifications in effect, as revised from time to time, in order to connect to, communicate with and use the Training materials provided by Company and to access Company’s website.
  8. Consent to Communications. When you register with the Company and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company. You consent to receive notices electronically by way of transmitting the notice to you by email.
  9. Grant of Ownership Rights. You acknowledge and agree that the Training classes are prerecorded or broadcasted live online through use of a screenshare tool. If you send comments or suggestions to the Company through the Site, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
  10. Company’s Intellectual Property Rights. You agree that the Site itself, as well as all content, videos, training materials, products, services and/or other materials, made available on the Site by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are maintained for your personal use and information by the Company and are the property of the Company and/or its third party providers. You agree that such Company Content shall include all proprietary videos, HTML/CSS, JavaScript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Site, excluding only the materials you provide. Subject to your compliance with these Terms of Use, the Company hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Site solely for your personal purposes. No Company Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Company. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of the Company, as well as other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the content of the Site or any Content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of the Company. All Content, such as text, data, graphics files, videos and sound files, and other materials contained in the Site, are copyrighted unless otherwise noted and are the property of the Company and/or a supplier to the Company. No such materials may be used except as provided in these Terms of Use. All trade names, trademarks, and images and biographical information of people used in the Company Content and contained in the Site, including without limitation the name and trademarks, are either the property of, or used with permission by, the Company. The use of Content by you is strictly prohibited unless specifically permitted by these Terms of Use. Any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of the Company and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of the Company or third party owner.
  11. Your Intellectual Property Rights. The Company respects the copyright, trademark and all other intellectual property rights of others. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site or in any Content in any way, you may notify Company at helpnow@powerapps911.com. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.
  12. Inappropriate Content. The Company has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.
  1. No Warranty. While the Company uses reasonable efforts to include accurate and up-to-date information in the Site, the Company makes no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the content of the Site.
  2. Site Security. The Company shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk. The Company will not intentionally disclose any personally identifying information about you to third parties, except where the Company, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Use. By using the Site, you signify your acceptance of the Company’s Privacy Policy, which can be found here: https://powerapps911.thinkific.com/pages/privacy. If you do not agree with this Privacy Policy, in whole or part, please do not use this Site.
  3. DISCLAIMER. NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS, THE SUITABILITY OF SUCH MATERIALS FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. THE COMPANY LIKEWISE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES THAT YOU WILL EARN ANY MONEY USING THE SITE OR THE COMPANY’S TECHNOLOGY OR SERVICES. YOU ACCEPT ALL RESPONSIBILITY FOR EVALUATING YOUR OWN EARNING POTENTIAL AS WELL AS EXECUTING YOUR OWN BUSINESS AND SERVICES. YOUR EARNING POTENTIAL IS ENTIRELY DEPENDENT ON YOUR OWN PRODUCTS, IDEAS, TECHNIQUES; YOUR EXECUTION OF YOUR BUSINESS PLAN; THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES OFFERED AND UTILIZED; AS WELL AS YOUR FINANCES, YOUR KNOWLEDGE AND YOUR SKILL. SINCE THESE FACTORS DIFFER AMONG ALL INDIVIDUALS, THE COMPANY CANNOT AND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING YOUR SUCCESS OR INCOME LEVEL. THE COMPANY DOES NOT WARRANT THAT USE OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE CONTENT, AND/OR THE MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER. ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.
  4. THIRD PARTY LIABILITY. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER (including, for example, your web service provider service, payment services, your software and/or any updates or upgrades to that software). ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY ALSO RESERVES THE RIGHT TO LIMIT YOUR USE OF THE SITE AND/OR THE CONTENT OR TO TERMINATE YOUR ACCOUNT SHOULD THE COMPANY DETERMINE THAT YOU HAVE VIOLATED THESE TERMS OF USE, OR THAT YOU HAVE VIOLATED ANY OTHER RULES OR CONDITIONS OF THE COMPANY. THE COMPANY RESERVES THE RIGHT TO REFUSE ACCESS TO THE SITE AND/OR THE COMPANY’S CONTENT, PRODUCTS AND/OR SERVICES TO ANYONE IN ITS SOLE DISCRETION. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY MAY, IN ITS SOLE DISCRETION, REFUND THE INITIAL FEE CHARGED FOR ANY USE OF THE SITE AND/OR ANY CONTENT OR A PRO-RATA PORTION THEREOF CONSISTENT WITH THE COMPANY’S REFUND POLICY. THE COMPANY SHALL REFUSE ANY REFUND THIRTY (30) DAYS AFTER YOUR PAYMENT FOR USE OF THE SITE AND/OR ANY CONTENT, EITHER PURSUANT TO THE COMPANY’S CUSTOMER LICENSE AGREEMENT OR OTHERWISE, REGARDLESS OF THE REASON FOR DISRUPTION.
  5. LIMITED LIABILITY. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SITE, THE CONTENT, AND/OR RELATED MATERIALS, THE INABILITY TO USE SERVICES PROVIDED HEREUNDER OR ANY OTHER CAUSE WHATSOEVER WITH RESPECT THERETO, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
  6. Indemnification. You agree to indemnify and hold the Company and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that the Company may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. The Company reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.
  7. Headings. The headings and captions appearing herein have been inserted for the purposes of convenience and ready reference only and do not purport to and shall not be deemed to define, limit or extend the scope or intent of the provisions to which they appertain. 
  8. Form. Where the context so admits, words and expressions appearing in the singular herein may be interpreted in the plural, and vice versa.
  9. Waiver. No waiver of any provision hereunder shall be effective unless made in writing and signed by the waiving party, nor shall any such waiver, if made, constitute a waiver of any subsequent breach of the same or of any other provision hereunder.
  10. Fees and Expenses. If either party institutes an action to enforce the agreements hereunder or any of its terms, the prevailing party shall also be entitled to recover all of its costs, expenses and reasonable attorneys' fees.
  11. Company’s Affiliates. The provisions of these Terms of Use are for the benefit of the Company, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
  12. Governing Law. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Ohio, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the state and federal courts sitting in Hamilton County, Ohio. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
  13. Amendments. These Terms of Use may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use to which you are bound.

 

Contact Information

Bold Zebras, LLC welcomes your questions or comments regarding these Terms and Conditions. Please direct any questions to Bold Zebras, LLC to:


Bold Zebras, LLC

3116 W Montgomery Rd STE C #294

Maineville, Ohio 45039


Email Address: helpnow@powerapps911.com


Telephone number:

513.900.1301