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These are the Training Policies (the "Agreement") governing your participation in any Vistelar training event (the “Event”). By registering for an open enrollment class or online on-demand course or purchasing a group class, you agree to these policies, which form a binding legal agreement between Vistelar and the registered participant (“you,' “Participant, or "Registrant") or organization purchasing a group class. If you are registering on behalf of another individual, it is your responsibility to ensure the person participating is aware of these policies and accepts them. By completing the registration on behalf of another individual you are warranting that you have made the Participant aware of these terms and that they have accepted these terms.
1. Terms and Conditions
1.1 Full payment is due upon registering for an online on-demand course and prior to the beginning of an open enrollment class. If payment is not received in advance of an open enrollment class, you may not be allowed to attend the training. Payment terms for a group class are guided by the class Training Agreement.
1.2 Vistelar reserves the right to cancel an open enrollment class for any reason and, if that occurs, a full refund of the amount paid will be made or you will be allowed to register for a future class at no charge.
1.3 You can cancel your attendance in an open enrollment class by sending an email to support@vistelar.com or calling 877-690-8230 x2, with the following terms:
1.4 Cancellation terms for a group class — by either Vistelar or the purchaser — are guided by the class Training Agreement.
1.5 For multi-session open enrollment classes, if one or more sessions are missed, the missed sessions can be made up by attending a future class within six months.
1.6 Refunds will be processed within fifteen (15) business days.
2. Participant Requirements
2.1 Your payment allows for defined attendance at the Event for which you have registered or purchased. Any and all other costs associated with attendance shall be borne solely by you or your organization, and Vistelar shall have no liability for such costs.
2.2 You acknowledge and agree that the Event may be video or audio recorded for quality assurance and training purposes.
2.3 You acknowledge and agree that Vistelar, in its sole discretion, reserves the right to change any and all aspects of the Event, including but not limited to, the Event name, content, length, format, trainers, and venue.
2.4 At the sole discretion of Vistelar, any prospective participant may be excluded from registering for or participating in any Event.
3. Prohibited Conduct
3.1 By registering for an open enrollment class or online on-demand course you agree not to sell, trade, transfer or share your access link and/or code, unless such transfer is granted by Vistelar. If Vistelar determines that you have violated this policy, Vistelar may cancel your access, retain any payments made by you, report you to law enforcement authorities, and ban you from future Events.
3.2 You acknowledge and agree that Vistelar reserves the right to remove you from the Event if Vistelar, in its sole discretion, determines that your participation or behavior creates a disruption or hinders the Event or the enjoyment of the Event by other participants.
3.3 Participants may not record or broadcast audio or video of an Event.
4. Open Enrollment and Online On-Demand Course Registration
4.1 Once you have completed your registration, you will receive your registration confirmation by email. Please ensure that your valid email is entered correctly on the registration form.
4.2 You will receive training information and/or instructional materials electronically at the email address and/or mailing address that you provided on the registration form or Training Agreement. Instructional materials will be deemed accepted by you if Vistelar is not notified of any defects within seven (7) business days.
4.3 You will be added to the Event participant list for notifications of future Events. If you would like to opt out of these notifications, a link is provided in each email to enable you to do so.
5. Intellectual Property
5.1 All intellectual property rights in and to the Event, the Event content, and all materials distributed at or in connection with the Event are owned by Vistelar. You may not use or reproduce or allow anyone to use or reproduce any Event content or materials distributed at or in connection with the Event for any reason without the prior written permission of Vistelar.
5.2 For the avoidance of doubt, nothing in this Agreement shall be deemed to vest in you any legal or beneficial right in or to any trademarks or other intellectual property rights owned or used under license by Vistelar or any of its affiliates; nor does this Agreement grant to you any right or license to any other intellectual property rights of Vistelar or its affiliates, all of which shall at all times remain the exclusive property of Vistelar and its affiliates.
6. Disclaimer of Warranties, Limitation of Liability
6.1 Vistelar gives no warranties in respect of any aspect of the Event or any materials related thereto or offered at the Event and, to the fullest extent possible under the laws governing these policies, disclaims all implied warranties, including but not limited to warranties of fitness for a particular purpose, accuracy, timeliness, and merchantability. The Event is provided on an “as-is” basis. The views, opinions, and positions expressed by the trainers, participants, or sponsors at the Event are theirs alone and do not necessarily reflect the views, opinions, or positions of Vistelar or any employee thereof. Vistelar makes no representations as to accuracy, completeness, timeliness, suitability, or validity of any information presented by trainers, participants, or sponsors at an Event and will not be liable for any errors or omissions in this information or any losses, injuries, or damages arising from its display or use.
6.2 Except as required by law, neither Vistelar nor its affiliates shall be liable for any direct, indirect, special, incidental, or consequential costs, damages, or losses arising directly or indirectly from the Event, including delays in providing training or delivery of instructional materials.
6.3 The maximum aggregate liability of the Event for any claim in any way connected with, or arising from, the Event or this Agreement, whether in contract, tort, or otherwise (including any negligent act or omission), shall be limited to the amount paid by you to Vistelar.
7. Indemnification
7.1 You agree to defend and indemnify Vistelar, its officers, directors, agents, and employees, against any and all claims, of any nature, for liabilities, damages, costs, expenses, and losses (including reasonable attorneys' fees and costs) arising from or relating in any way to your use of the Vistelar intellectual property or instructional materials, any training delivered by any representative of Vistelar, or any training delivered by you or employees of your organization, including, but not limited to, actions relating to bodily injury, property damage or copyright infringement.
8. Miscellaneous
8.1 Vistelar’s failure to exercise any right provided for herein shall not be deemed a waiver of any further rights hereunder. Vistelar shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Vistelar’s reasonable control. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable, or sub-licensable by you except with Vistelar’s prior written consent. A party that substantially prevails in an action brought under this Agreement is entitled to recover from the other party its reasonable attorneys’ fees and costs. Both parties agree that this Agreement (together with the Training Agreement for a group class) is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you acknowledge that you do not have any authority of any kind to bind Vistelar in any respect whatsoever.
8.2 This Agreement shall be interpreted under and governed by Wisconsin law. It may not be amended, modified, extended, or otherwise changed except in writing signed by both parties. Each of the parties to this Agreement represents and warrants to the other that they have the power and authority to contractually bind VISTELAR and Purchaser, respectively, thereunder. No waiver by either party of any term or condition of this Agreement shall be deemed to constitute a waiver of such terms and conditions in the future. A determination by a court of competent jurisdiction that any term or provision of this Agreement is invalid shall not affect the other terms and conditions of this Agreement, which shall remain in full force and effect.