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Purchase Agreement

1. Parties

This purchase agreement is between you (the "purchaser" or "student") and Educate 360, LLC, an Indiana company, dba Watermark Learning. You may contact us at: 1241 Cumberland Ave STE A West Lafayette, IN 47906-1304, tel. +1-877-202-5959.

2. Copyright Ownership and License

Educate 360, LLC owns copyrights for proprietary instructional materials that may be provided to you as part of your training. You are vested with a personal use license for the instructional materials for the sole purpose of our training of you in the curriculum for the course(s) that you purchase from us. Please note that your course may be recorded. No personally identifiable information -- including your name, image, or likeness -- will be visible, disclosed or shared with anyone viewing the recording of the course. You hereby assign to Educate 360 the copyright in your recorded dialog with the instructor in the course that you attend.

3. Registration and Payment

a. Purchases are refundable only within 24 hours of the time you made your purchase, after which all purchases are non-refundable. Purchases of digital content are refundable only within the first 24 hours and only if the digital content has not been accessed or downloaded.

b. Watermark Learning offers a generous and flexible reschedule policy for its In-Person and Virtual (Live Online) courses. If you are unable to travel to the course for which you are registered, the course may be delivered to you Virtually on your scheduled course date. If your schedule does not allow you to attend your course In-Person or Virtually on your scheduled date, you may transfer your course registration to a future date on which the course is being offered, provided you notify us of your request at least seven (7) days prior to the start date of your scheduled course. Watermark Learning does not limit the number of times you can reschedule your course. Your course registration, however, must be used within 1 year of the purchase date, after which the full tuition will be forfeited.

c. In the event a public emergency prevents the running of an In-Person course in your scheduled location, we will provide you the opportunity to attend the course Virtually (Live Online).

d. Purchases of course vouchers are non-refundable. Course vouchers must be used within 1 year of the purchase date or the full tuition will be forfeited

e. If you disrupt a course session, we reserve the right to remove you from the course. In the event you are removed from a course, you will have no right to a refund.

f. Failure to attend an In-Person or Virtual Online course for which you are registered without written notification prior to the start date of the course will be considered a ‘no show’ and will result in forfeiture of the full tuition fee.

g. All transfer, cancellation, and refund requests must be made in writing via email to [email protected] or via fax to 408-521-3770. In the event that we elect in our discretion to refund a course fee paid by you, the refunded amount will be credited to the credit card that you used for the purchase or a check will be mailed to the your billing address within fourteen (14) calendar days after the request is approved.

4. Watermark Gun and Weapon Policy

For in-person classes held in Minnesota, and as required by Minnesota state law, we need to inform you that Watermark Learning prohibits all persons who enter the premises from carrying a handgun, firearm, knife, or other prohibited weapon of any kind regardless of whether the person is licensed to carry the weapon or not.

5. Disclaimers

a. WATERMARK LEARNING DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. OUR PRODUCTS AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.

b. WATERARK LEARNING DOES NOT GUARANTEE OR WARRANT YOUR ELIGIBILITY TO SIT FOR ANY CERTIFICATION EXAM. EXAM PREPARATION COURSES ARE DESIGNED TO HELP YOU PASS CERTIFICATION EXAMS. ELIGIBILITY REQUIREMENTS TO SIT FOR PROFESSIONAL CERTIFICATION EXAMS ARE SET BY THE THIRD-PARTY CERTIFYING BODIES. ELIGIBILITY DECISIONS ARE AT THE SOLE DISCRETION OF THOSE CERTIFYING BODIES. AS SUCH, WE MAKE NO GUARANTEE AS TO YOUR ELIGIBILITY TO SIT FOR THE CERTIFICATION EXAMS. YOU AGREE NOT TO HOLD WATERMARK LEARNING RESPONSIBLE FOR YOUR ELIGIBILITY TO SIT FOR A CERTIFICATION EXAM. YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO RECOURSE AGAINST WATERMARK LEARNING IF YOUR ARE DENIED PERMISSION BY THE CERTIFYING BODY TO SIT FOR THE CERTIFICATION EXAM. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SOME EXCLUSIONS MAY NOT APPLY TO YOU.

6. Limitation of Liability

a. In no event shall we be liable to you for indirect, special, punitive, incidental, reliance, exemplary, or consequential damages (whether loss of profits, loss of expected savings, or otherwise). In no circumstance shall our total liability to you exceed the amounts paid by you to Watermark Learning for course enrollment.

b. The foregoing limitations of liability and disclaimers apply regardless of the form of the action, whether sounding in contract, warranty, strict liability, negligence, or other tort. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, our liability in such jurisdictions shall be limited to the extent permitted by law.

7. Governing Law; Exclusive Venue

a. This Agreement and your use of our website and services are governed by and construed in accordance with the substantive law (and not the law of conflicts) of the State of Indiana.

b. You expressly agree that all lawsuits arising under or in connection with your purchases from us, our instructional services, and our relationship with you shall be filed exclusively in the state of federal courts in Tippecanoe County, Indiana. You submit to the exclusive jurisdiction of state and federal courts in Tippecanoe County, Indiana, with respect to any dispute with Educate 360, LLC. dba Watermark Learning. You waive any defense or argument claiming that the state or federal courts in Tippecanoe County, Indiana do not represent the preferred venue, lack personal jurisdiction, or are inconvenient or otherwise unsuitable based on the doctrine of forum non conveniens.