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TERMS OF USE & PRIVACY STATEMENT

TERMS OF USE

BDS Marketing, Inc. ("we" "our" or "us" as the context requires) has partnered with the World Alliance for Retail Excellence and Standards to create an online educational and training certification website, www.NARMScertifyU.com (the "Website"), in order to enable users to participate in the Learning Management System (the "Program") offered by us in cooperation with World Alliance for Retail Excellence and Standards, and to complete online courses at their convenience, obtain online certification once a course has been completed successfully, and use such online certification(s) to enhance their marketability, their ability to obtain professional engagements, positions, and employment, as well as enhancing their appeal in online listings, whether on the World Alliance for Retail Excellence and Standards website, or on any listing where the user chooses to list the certification information. 

Your Account

Once you follow the simple instructions to create an online account on the Website, providing the information required below (in the Privacy Statement), you will be in a position to take online courses or modules that can be used to enhance your appeal to employers and others who seek to employ trained professionals. 

We reserve the right to close any account in our sole discretion if we believe that the account is being used improperly or that you have engaged in any activity that is fraudulent, illegal, defamatory, anticompetitive or unfair. 

Online Courses/Modules

The available courses and modules are found on the Website, and are subject to addition, removal and modification at any time. The fees to take each module also will be listed on the Website, and such fees are subject to modification at any time, provided that once you have paid for a given course or module, the cost to you will not increase. If you have paid for a course, you can receive certification for that course, even if we remove the course from the online course catalog. 

Course Certification

Once you successfully complete a given course or module, you will be sent an online certificate of completion for your use, and a copy of the certificate will be forwarded to World Alliance for Retail Excellence and Standards, which will include the certificate with your World Alliance for Retail Excellence and Standards job or professional listing if you have an active account with World Alliance for Retail Excellence and Standards. 

Price and Payment

Our courses/modules are priced reasonably. Once you purchase a course or module, there will be no refunds, whether or not you complete the course or pass the course and receive certification. It is up to you to complete the course, although we may send you alerts if you have not completed a course that you have purchased. Therefore, we suggest that you carefully consider what courses you wish to purchase in order to seek certification, and that you complete any courses that you purchase. 

We do not take your payment. When you select the courses or modules you wish to purchase and put them into your online shopping cart, you are then linked securely to a third party online payment agent with which we have contracted, and you are no longer on the Website. On the pay site, you are subject to the Terms of Use and Privacy Policy of such site. We do not receive any of your payment or credit information. 

Ownership

We (and any licensors) own all intellectual property rights, including without limitation all copyright, in all of the text, graphics, photographs and any other content that appears on the Website, and in the courses and modules that we offer to you. You own all rights in the data that you provide to us. 

Your Data

You hereby represent and warrant to us that all information, data and personal information that you provide to us is true and accurate in all respects, and will be updated by you should there be any changes. You may update your data by using editing your account information accessible through the Website. 

Security

We take commercially reasonable precautions to protect the personal information that you provide to us, consistent with other online training organizations. However, we do not collect, store or see any financial information that you provide, which is submitted to a third party payment processor, and is subject to their security policies. 

Disclaimer

THIS WEBSITE AND ALL INFORMATION, SERVICES AND COURSES MADE AVAILABLE TO YOU THROUGH IT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATIONS OR WARRANTIES OTHER THAN THOSE EXPRESSLY SET FORTH IN THESE TERMS OF USE. NEITHER WE NOR NARMS NOR ANY OF OUR AGENTS, AFFILIATES OR LICENSORS WARRANT THE ACCURACY OR COMPLETENESS OF ANY INFORMATION, SERVICES MATERIALS OR COURSES PROVIDED ON OR THROUGH THIS WEBSITE, OR THAT ANY ONLINE SERVICES OR COURSES WILL BE ERROR-FREE OR CONTINUOUSLY AVAILABLE OR FREE OF ALL HARMFUL COMPONENTS. IN ADDITION, WE EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE CANNOT ENSURE THAT YOU WILL SECURE EMPLOYMENT OR JOBS BECAUSE YOU HAVE PURCHASED AND TAKEN ONLINE MODULES OR COURSES, OR THAT YOU WILL PASS AN ONLINE COURSE AND RECEIVE CERTIFICATION SIMPLY BECAUSE YOU HAVE PURCHASED IT. 

UNDER NO CIRCUMSTANCES WILL WE (BDS Marketing, Inc.) OR NARMS OR OUR AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OF THIS WEBSITE OR ANY INFORMATION, SERVICES OR MATERIALS OFFERED ON OR THROUGH THE WEBSITE, SUCH AS ONLINE COURSES OR MODULES, INCLUDING WITHOUT LIMITATION SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ALL CASES, THE MAXIMUM LIABILITY OF US AND WORLD ALLIANCE FOR RETAIL EXCELLENCE AND STANDARDS, INCLUDING OUR AFFILIATES, AGENTS AND LICENSORS, SHALL NOT EXCEED THE AMOUNTS YOU HAVE PAID TO US IN RELATION TO THE SERVICES GOVERNED BY THESE TERMS OF USE DURING THE SIX (6) MONTHS PRECEDING THE CLAIM HAVING ARISEN. Because some jurisdictions limit the limitation or exclusion of certain categories of damages, these limitations may not apply to you, but in such jurisdictions, the limitation or exclusion of liability shall be to the maximum extent permitted by applicable law. 

Governing Law /Arbitration

This Terms of Use and Privacy Statement ("Terms") shall be governed, construed and enforced in accordance with the laws of the state of California, without reference to its conflict of laws principles. The application of Uniform Computer Information Transactions Act (UCITA is expressly excluded. Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Irvine or Newport Beach, California, before a single arbitrator with expertise in the e-commerce industry. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures, and the arbitrator shall apply the laws applicable in the State of California. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitrator shall, in the award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys’ fees of the prevailing party. Each party hereto expressly consents to the personal jurisdiction of, and venue in, such courts and service of process being effected upon it by registered mail and sent (if to us) to our most recent address, and (if to you) to the most recent address you have indicated in your account information. If any legal action is undertaken pursuant to this clause, the prevailing party shall be entitled to reasonable attorneys’ fees and costs in addition to any other relief to which that party may be entitled. 

PRIVACY STATEMENT

We believe that your privacy is very important. This Statement outlines the types of personally identifiable or personal information (called "personal information" in this Statement) that we will collect from you in order to participate in the Program, and how we will use and when we might disclose that personal information. This Statement only governs our online collection of personal information. Your continued use of the Website, and submission of information to us, constitutes your consent to this Privacy Statement. If you do not agree to this Privacy Statement, please do not use this Website. 

Data and Personal Information that we collect

We collect the following personal information from Website users who create a user account on the Website and choose to submit such information to us: your name, your email address, your physical address and your telephone numbers. We also ask you if you have a World Alliance for Retail Excellence and Standards account. In addition, we ask for optional demographic information, including without limitation: we ask you to indicate which age range you fall within, gender, race, years of experience and positions held, but we make clear that providing us with any of this demographic information is entirely optional. We do not collect any personal information from you simply by virtue of your visiting our Website; we only collect it if you choose to submit it to us. 

We may collect such information as your computer’s IP address when you visit the Website, and other usage information, by virtue of your visiting the Website, whether or not you submit personal information to us. 

We do not collect any credit card or sensitive financial information from you; instead, should you opt to proceed to checkout and pay us, you will be linked to the site of a secure online payment agent (such as Paypal), and any information you provide to such payment agent, whether credit card information or account information, shall be governed entirely by the privacy policy that applies to that webpage/site, and not by this Privacy Statement. We will not receive any such information from you or from the payment agent. 

Use of the Personal Information that we collect

When you submit personal information to us, we collect that information and provide it to our personnel as needed and also to World Alliance for Retail Excellence and Standards. We also share all course and certification information with World Alliance for Retail Excellence and Standards. 

We may use any personal or contact information you provide us to contact you regarding other products and services we or World Alliance for Retail Excellence and Standards may offer, whether or not related to the Program, including without limitation promotions, special deals and new courses, or any news or developments regarding the Program, our company, World Alliance for Retail Excellence and Standards or our participating vendors, retailers or partners. Each time we send you advertising or marketing materials, we will provide you with the opportunity to opt-out of receiving such materials in the future. You may also opt-out of receiving such materials at any time in accordance with the instructions provided in this Statement. 

Our servers, which may be hosted by one or more third parties or collocation facilities, will store this personal information, and may record such usage data as the URLs of the websites from which you came to the Website and to which you went from the Website, your IP address, what type of browser you use and the date and time of your Website visit(s). Usage data may be used by us for administrative, analytical, research, optimization and other purposes, and this data in aggregated, anonymized form may be shared with third parties who provide such analytical and/or optimization services. 

In the event that we use third parties to assist us in processing your personal information, we require that they comply with this Privacy Statement and otherwise protect your personal information. We will not sell, rent or lease your personal information to any third party, although we reserve the right to sell, assign or transfer it to a third party in connection with a sale by us of related assets or a merger or other change in control affecting us. 

We may also disclose the personal or other information collected if required by law or court or administrative order, or to comply with legal process, if the information relates to actual or threatened harmful conduct, to investigate and/or take action against illegal activity, suspected abuse or unauthorized use of the Website, to protect the property or safety of others, or in the event of the sale or other transfer of ownership of the Website, our properties or of us. 

Your Rights

We ask that you keep the personal information that you provide to us current and that you correct any information you have provided us by contacting us at customerservice@NARMScertifyU.com or by mail to BDS Marketing, Inc., 10 Holland, Irvine, CA 92618.

If you wish to opt out of further communications from us, or you do not want us to provide your personal information to third parties, contact us at customerservice@NARMScertifyU.com and tell us that you opt out of our provision of personal information to third parties. 

It is entirely your choice whether or not you provide personal information to us. 

Choosing a Personal Password

When you create an online account for yourself on the Website, you need to select a user ID and personal password that you will remember. You are solely responsible for maintaining the secrecy of your passwords or any account information. If you forget your password, please click on the "Forgot Password" link on the sign-on screen, and instructions will be sent to your email account which will allow you to reset your password. 

Although we cannot guarantee against any loss, misuse, unauthorized disclosure, alteration, or destruction of data, we take reasonable precautions commensurate with the nature of your information and data to prevent such unfortunate occurrences. We cannot ensure or warrant the security of any information you transmit to us by email and you do so at your own risk. 

Third Party Websites

This Website contains links to other websites and web pages. We want you to understand that when you click on such links, which will transport you to third party websites, you are no longer subject to this Privacy Statement, but are instead subject to terms of use and privacy policies that apply to such third party website(s). Please review them carefully. We disclaim all liability related to such third party websites. For the purpose of this clause, even the World Alliance for Retail Excellence and Standards website is a third party website. 

No Minors/Children

The Website is not intended for the use of children or minors, even though it contains no adult materials. We do not knowingly collect or use any personal information from minors. No information should be submitted to us or the Website by visitors who are younger than 18 years old, or by minors in general. 

Changes

We reserve the right to change this Privacy Statement at any time, and to collect information, and personal information, in addition to the information described in this Statement. Therefore, please review this Privacy Statement from time to time as it may change. Your continued use of the Website after such change constitutes your acceptance of any such change(s), and if you do not accept any changes, you may choose not to use the Website or opt out by sending us an appropriate notice. 

Legal Disclaimer

This Website operates AS-IS, and we do not represent or warrant that the Website will be available at all times, or that your use of the Website will be uninterrupted or error-free. We are not responsible for your ability to access this Website, or for matters beyond our control. This Privacy Statement is governed by California law, excluding its provisions on choice of law. This Website is intended for the use of North American entities and individuals and runs on US-based servers, and we make no attempt to comply with the privacy (or security) policies of any country other than the United States. Notwithstanding the foregoing, we do are very careful with the personal information you provide, and will not transfer it to third parties except in the limited circumstances indicated in this Statement without your consent. We will use commercially reasonable efforts to protect your personal information, but cannot assure that it will not be inadvertently disclosed.

 

Copyright © 2014 BDS Marketing, Inc