Terms and Conditions | Foreshore Training

Effective Date: Jul 19, 2023

Welcome to Foreshore Training LLC ("Foreshore Training," "we," "our," or "us"). By accessing or using any content, materials, resources, or services (collectively, "Resources") provided by Foreshore Training, you agree to be bound by the following Terms of Use and Copyright Agreement ("Agreement"). Please read this Agreement carefully before accessing or using our Resources.

1. License and Use

1.1. Foreshore Training grants you a limited, non-exclusive, non-transferable license to access and use the Resources solely for your personal, non-commercial purposes, subject to the terms and conditions of this Agreement.

1.2. The license is for a single use only, meaning you may not share, distribute, sublicense, sell, or otherwise make the Resources available to others, unless explicitly approved in writing by Foreshore Training.

1.3. Any unauthorized use of the Resources beyond the scope of this license is strictly prohibited and may result in the termination of your access to the Resources.

2. Copyright and Ownership

2.1. All Resources provided by Foreshore Training, including but not limited to content, materials, documents, designs, graphics, videos, and any other related materials, are protected by copyright laws and international treaties.

2.2. Foreshore Training retains full and exclusive ownership of all intellectual property rights, including copyrights, in and to the Resources. This Agreement does not transfer any ownership rights to you.

2.3. You may not modify, reproduce, distribute, publish, display, perform, transmit, create derivative works from, or in any way exploit any of the Resources, in whole or in part, without the prior written consent of Foreshore Training.

2.4. Any use of the Resources not expressly permitted by this Agreement is a breach of the terms and may violate copyright, trademark, and other laws.

3. No Claim of Ownership

You agree not to claim or assert any right or title in the Resources or any portion thereof. All intellectual property rights and ownership remain vested in Foreshore Training.

4. Non-Transferability and Non-Commercial Use

4.1. You may not transfer, sublicense, lease, rent, or otherwise assign your rights or obligations under this Agreement to any third party.

4.2. You may not use the Resources, in whole or in part, for commercial purposes or in connection with any business activities without obtaining explicit written permission from Foreshore Training.

5. Non-Exclusivity

This Agreement does not create an exclusive relationship between you and Foreshore Training. We reserve the right to provide our Resources to other individuals or entities, and you acknowledge that others may have access to the same Resources.

6. Prohibited Actions

6.1. You may not claim or imply that the Resources provided by Foreshore Training are your original work or attempt to misrepresent the origin of the Resources.

6.2. You may not distribute or share the Resources, whether for free or for consideration, without prior written consent from Foreshore Training.

7. Disclaimer of Warranties

The Resources are provided "as is," without warranty of any kind, whether express or implied. Foreshore Training disclaims any warranties, including but not limited to, fitness for a particular purpose, merchantability, non-infringement, and accuracy.

8. Limitation of Liability

8.1. Foreshore Training shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages arising out of or in connection with the use or inability to use the Resources.

8.2. Foreshore Training's total liability for any claim related to the Resources or this Agreement shall not exceed the amount paid, if any, by you to Foreshore Training for accessing the Resources.

9. Termination

Foreshore Training may terminate this Agreement and your access to the Resources at any time, with or without cause or notice.

10. Governing Law, Jurisdiction, and Dispute Resolution

10.1. Governing Law: This Agreement and any dispute or claim arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with the laws of the State of New York, United States of America, without regard to its conflict of laws principles.

10.2. Jurisdiction: Any legal action or proceeding arising under this Agreement shall be brought exclusively in the state or federal courts located in the State of New York, United States. By accessing or using the Resources, you consent to the exclusive jurisdiction and venue of such courts.

10.3. Alternative Dispute Resolution: To expedite resolution and reduce the cost of any dispute, controversy, or claim arising out of or relating to this Agreement, including but not limited to issues of its formation, enforceability, performance, or breach (each, a "Dispute"), both you and Foreshore Training agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating any arbitration or court proceeding.

10.4. Arbitration: If the informal negotiation does not resolve the Dispute within the specified time, either party may initiate binding arbitration. All Disputes that are not resolved through informal negotiation shall be resolved exclusively through final and binding arbitration conducted by a neutral arbitrator in accordance with the American Arbitration Association (AAA) rules and procedures. The arbitration shall take place in the State of New York, United States. The arbitrator's decision shall be final and binding on both parties, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

10.5. Class Action Waiver: You and Foreshore Training agree that any arbitration or legal proceeding shall be conducted solely on an individual basis and not as a class, consolidated, or representative action. There will be no right or authority for any Dispute to be brought, heard, or arbitrated as a class or collective action or in any other proceeding in which any party acts or proposes to act in a representative capacity.

10.6. Exceptions: Notwithstanding the above arbitration provisions, both you and Foreshore Training retain the right to pursue injunctive or equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

By accessing or using the Resources, you acknowledge that you have read, understood, and agreed to the updated section #10 and the dispute resolution provisions. If you do not agree with any part of this Agreement, you must not access or use the Resources provided by Foreshore Training LLC.

If you have any questions or concerns regarding this Agreement, please contact us at admin@foreshoretraining.com

Foreshore Training LLC

Mt. Kisco NY, 10549

07/19/23