Last updated May 28, 2026
We are Asphalt Paving Mastery LLC, doing business as Asphalt Paving Mastery ("Company," "we," "us," "our").
We operate the website http://asphaltpavingmastery.com (the "Site"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").
Asphalt Paving Mastery is the comprehensive online training program for hot-mix asphalt operations, delivered as a device-based subscription service. Built for paving contractors, milling companies, plant operators, and quality control firms, the curriculum spans safety, materials, equipment, field execution, quality verification, and emerging technologies including three-dimensional machine control. Every module is grounded in field experience, supported by authoritative industry references (FHWA, AASHTO, NAPA, Asphalt Institute), and designed to produce the operational competence today's specifications increasingly demand.
You can contact us by phone at (407) 687-0267, email at Support@AsphaltPavingMastery.com, or by mail to 2222 Ocoee Apopka Rd Suite 106 #249, Ocoee, FL 34761, United States.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you" or "Subscriber"), and Asphalt Paving Mastery LLC, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We will provide you with prior notice of any scheduled changes to the Services you are using. The modified Legal Terms will become effective upon posting or notifying you by email at the address associated with your account. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.
The Services are intended exclusively for adult professional users who are at least 18 years of age. By using the Services, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into this agreement on your own behalf or on behalf of the entity you represent.
We recommend that you print a copy of these Legal Terms for your records.
Our Services
Intellectual Property Rights
User Representations
Account Registration
Subscription Tiers and Device Limits
Premium Modules
Purchases, Payment, and Renewal
Cancellation and Refunds
Course Access and Completion Records
Acceptable Use and Prohibited Activities
Enterprise Subscriptions
User Submissions
Services Management
Privacy Policy
Term and Termination
Modifications and Interruptions
Governing Law
Dispute Resolution
Corrections
Disclaimer
Limitations of Liability
Indemnification
User Data
Electronic Communications, Transactions, and Signatures
California Users and Residents
Miscellaneous
Contact Us
The Services are provided as a subscription-based online training platform. Access to course content is delivered through a tiered subscription model, with each tier authorizing a specific number of devices (as defined in Section 5) to access the curriculum. The Services do not include individual student enrollment, individual progress tracking, individual assessment records, or individual certifications for workers viewing course content through shared devices on standard subscription tiers.
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
We are the owner or the licensee of all intellectual property rights in our Services, including all course content, video lessons, audio recordings, narration, written materials, technical diagrams, illustrations, animations, assessments, quizzes, reference materials, source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, slogans, taglines, and logos contained therein (the "Marks").
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.
The Content and Marks are provided in or through the Services "AS IS" for your internal business use only, strictly in accordance with the subscription tier you have purchased and the device limits associated with that tier.
Subject to your compliance with these Legal Terms and your payment of all applicable subscription fees, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable license to:
Access and stream the Services on the number of authorized devices permitted by your subscription tier; and
Download reference materials, checklists, workbooks, and downloadable resources that are specifically designated as downloadable, solely for internal business use within your organization.
This license is granted solely for your internal business use as a subscriber. Video lessons, audio narration, animations, and core course content are made available for online streaming only and may not be downloaded, copied, recorded, captured, screen-recorded, screen-shared outside the authorized device, retransmitted, broadcast, or otherwise reproduced.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, sublicensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: Support@AsphaltPavingMastery.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
By using the Services, you represent and warrant that:
All registration information you submit will be true, accurate, current, and complete;
You will maintain the accuracy of such information and promptly update such registration information as necessary;
You have the legal capacity and you agree to comply with these Legal Terms;
You are at least 18 years of age;
If you are subscribing on behalf of an entity, you have the authority to bind that entity to these Legal Terms;
You will not access the Services through automated or non-human means, whether through a bot, script, or otherwise;
You will not use the Services for any illegal or unauthorized purpose;
Your use of the Services will not violate any applicable law or regulation;
You will comply with the device limits, premium module restrictions, and acceptable use provisions of these Legal Terms;
You will not permit access to the Services by individuals or entities outside your organization.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
To access the Services, you must register an account with us through our third-party platform provider. You agree to keep your account credentials confidential and will be responsible for all use of your account and credentials. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
The account holder is responsible for all activity that occurs through the account, including activity by employees, contractors, or any other individuals who access the Services through the Subscriber's authorized devices. The Subscriber is responsible for maintaining the security of account credentials and for ensuring that all use of the Services through their account complies with these Legal Terms.
The Services are made available exclusively through paid subscriptions. Each subscription authorizes access to the Services on a specified number of devices, as set forth in the subscription tier purchased.
For purposes of these Legal Terms, a "Device" means a single hardware unit (such as a desktop computer, laptop, tablet, mobile phone, or smart television) used to access the Services through the Subscriber's account. Each Device counts toward the Subscriber's device limit regardless of how many individuals view course content on that Device.
The standard subscription tiers and their associated device limits are:
Independent: Access on one (1) Device. Includes the core curriculum.
Regional: Access on up to five (5) Devices. Includes the core curriculum.
National: Access on up to nine (9) Devices. Includes the core curriculum and all Premium Modules.
Enterprise: Access on ten (10) or more Devices, with the specific number of Devices, pricing, payment terms, and additional service provisions determined by a separately executed Enterprise Subscription Agreement between Asphalt Paving Mastery LLC and the Subscriber. See Section 11.
We reserve the right to add, modify, rename, or discontinue subscription tiers at any time. Changes to subscription tiers will not affect the Subscriber's current tier during the active billing period.
Subscribers may not exceed the number of Devices authorized by their subscription tier. We reserve the right to enforce device limits through technical means, including but not limited to limiting the number of concurrent streams, requiring re-authentication on additional Devices, or blocking access from unauthorized Devices.
If a Subscriber wishes to authorize additional Devices beyond their current tier limit, the Subscriber must upgrade to a higher tier or, in the case of Enterprise subscribers, amend the Enterprise Subscription Agreement.
Subscribers may reassign Device access from one hardware unit to another within their subscription tier. Reassignment is intended for legitimate operational purposes such as replacing broken or retired equipment and is not intended to circumvent device limits through rapid rotation of access among many hardware units. We reserve the right to limit the frequency of Device reassignments and to suspend accounts engaged in patterns suggesting circumvention of device limits.
Important: The Independent, Regional, and National subscription tiers are designed for organizational use on shared Devices. These tiers do not provide individual student enrollment, individual progress tracking, individual assessment records, individual completion certificates, or any other per-worker records. The Subscriber is solely responsible for documenting which of their employees or personnel have viewed which course content. Individual worker training records, if required for regulatory compliance, must be maintained separately by the Subscriber. Enterprise subscribers may negotiate custom training-record provisions in their Enterprise Subscription Agreement.
Certain modules of the curriculum are designated as "Premium Modules." Premium Modules cover advanced or specialty topics, and access to Premium Modules is restricted to specific subscription tiers.
As of the last updated date of these Legal Terms, Premium Modules are included only with the National tier and Enterprise subscriptions. The Independent and Regional tiers do not include access to Premium Modules.
We reserve the right to designate any module or course as a Premium Module, to change which modules are designated as Premium Modules, and to add or remove modules from the Premium Modules designation at any time and in our sole discretion. Subscribers will be notified of material changes to Premium Module designations affecting their active subscription.
Premium Module access is included with the National tier subscription at no additional cost. Independent and Regional Subscribers who wish to access Premium Modules must upgrade to the National tier.
Premium Modules may, at our discretion, also be made available for purchase as standalone subscriptions or one-time purchases separate from the main curriculum. Standalone Premium Module access shall be governed by these Legal Terms and any additional terms specifically applicable to such standalone access at the time of purchase.
We accept the following forms of payment: Visa, Mastercard, American Express, Discover, and, for qualifying Enterprise subscribers, ACH bank transfer or check. We do not accept PayPal at this time. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment method expiration date, so that we can complete your transactions and contact you as needed.
Sales tax may be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars.
You agree to pay all charges at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per organization, or per order. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, distributors, or competitors.
Subscriptions are billed on a recurring basis. Your subscription will continue and automatically renew at the then-current subscription rate unless canceled in accordance with these Legal Terms. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable subscription. The length of your billing cycle will depend on the type of subscription plan you choose when you subscribe to the Services.
You will receive notice of subscription renewal in advance of each renewal date in accordance with applicable law. You may cancel your subscription at any time before the next renewal date to avoid being charged for the next billing cycle.
We may, from time to time, make changes to subscription fees and will communicate any price changes to you in accordance with applicable law and reasonable notice requirements. Price changes will not affect the current billing cycle but will apply to subsequent renewals. If you do not agree to a price change, your sole and exclusive remedy is to cancel your subscription before the price change takes effect.
You can cancel your subscription at any time by logging into your account or contacting us at Support@AsphaltPavingMastery.com. Your cancellation will take effect at the end of the current paid billing period, and you will continue to have access to the Services through the end of that billing period. No partial-period or pro-rated refunds will be issued upon cancellation, except as expressly provided below or as required by applicable law.
For Independent, Regional, and National subscriptions, the following refund policy applies:
Seven-day refund window for unused subscriptions: A refund of the initial subscription payment is available within seven (7) days of the initial subscription start date, provided that no lesson content has been accessed beyond the introduction or preview materials on any authorized Device.
No refunds after content access: Once any lesson content has been accessed beyond introductory or preview materials on any authorized Device associated with the subscription, the subscription becomes non-refundable for that billing period.
No refunds on renewal payments: Subscription renewal payments are non-refundable except as required by applicable law. Cancellation prevents future billing but does not entitle the Subscriber to a refund of the current billing period.
How to request a refund: Refund requests must be submitted in writing to Support@AsphaltPavingMastery.comwithin the seven-day window.
Refund processing: Approved refunds will be processed within five (5) to ten (10) business days to the original payment method.
Refund terms for Enterprise subscriptions are governed by the specific Enterprise Subscription Agreement, master license agreement, or order form executed between Asphalt Paving Mastery LLC and the Enterprise Subscriber. Unless otherwise specified in such agreement, Enterprise subscriptions are non-refundable after the subscription term has commenced.
Nothing in these Legal Terms is intended to limit or waive any refund rights you may have under applicable consumer protection law. If applicable law requires us to provide a refund or refund right beyond what is described in this Section, we will comply with that law.
Access to course content is provided during the active term of a paid subscription. Access terminates upon cancellation, non-renewal, suspension, or termination of the subscription.
Course access requires an active internet connection and a compatible web browser or mobile application. We reserve the right to modify technical requirements with reasonable notice. We do not guarantee compatibility with all devices, operating systems, or browser versions.
The Independent, Regional, and National subscription tiers do not provide individual completion certificates, individual transcripts, or individual training records for workers viewing course content through shared Devices. The Subscriber organization is solely responsible for documenting which of its personnel have viewed which content, if such documentation is required for the Subscriber's internal recordkeeping or regulatory compliance.
If we, in our sole discretion, choose to make organizational-level usage reports, viewing summaries, or other documentation available to Subscribers through the platform, such documentation is provided for informational purposes only and does not constitute certified training records of any kind.
Enterprise subscribers may negotiate custom completion documentation provisions, including per-employee training records, organizational reporting, and other documentation features, as part of their Enterprise Subscription Agreement.
Important: Any documentation provided by us, including organizational usage reports or any completion documentation provided to Enterprise subscribers, documents only that course content was streamed through the Subscriber's account. Such documentation is not an OSHA-issued credential, is not an OSHA Outreach Training card, does not constitute proof of OSHA-required training under any specific regulatory standard, and is not a substitute for any certification, qualification, or licensure required by federal, state, or local law. See our Disclaimer for complete information regarding the nature and limitations of any documentation we provide.
Course content may be updated periodically as industry standards evolve, regulatory requirements change, or improvements are identified. Subscribers with active subscriptions will have access to the most current version of the curriculum included in their tier. We do not guarantee that any specific lesson, module, video, or piece of content will remain available indefinitely or in unchanged form.
The Services are licensed for the Subscriber's internal business use within the device limits of the subscription tier purchased. The Subscriber acknowledges that misuse of the Services causes us substantial commercial harm and may constitute copyright infringement and breach of contract.
As a user of the Services, you agree NOT to:
Download, record, screen capture, screen record, screenshot, photograph, transcribe, or otherwise reproduce video content, audio narration, animations, assessments, or any other Content for any purpose other than the limited streaming use specifically authorized by your subscription tier;
Broadcast, retransmit, or publicly display Content to any audience that exceeds the legitimate use of the authorized Devices, including but not limited to broadcasting Content via projectors, large-format displays, video conferencing platforms, or live-streaming services to viewers outside the Subscriber's workforce;
Use any automated tools, browser extensions, scripts, software, or third-party services to download, extract, capture, or copy Content;
Circumvent, disable, or interfere with security, digital rights management, watermarking, encryption, or access-control features of the Services;
Remove, alter, or obscure any copyright, trademark, watermark, or proprietary notice in or on the Content;
Decompile, disassemble, reverse engineer, or attempt to derive the source code of the Services, except to the extent expressly permitted by applicable law.
Exceed the number of authorized Devices for your subscription tier;
Share account credentials with any party outside your organization;
Allow any third party — including subcontractors, consultants, independent operators, or business partners not employed by the Subscriber — to access the Services through your account, except as expressly authorized in writing by us or under an applicable Enterprise Subscription Agreement;
Use the Services to train, instruct, or develop personnel of organizations other than the Subscriber's own organization;
Rotate Devices in a pattern intended to circumvent device limits;
Misrepresent the identity, location, or affiliation of any user accessing the Services through your account.
Resell, redistribute, sublicense, rent, lease, lend, or otherwise transfer access to the Services or any Content;
Use the Services as part of any effort to compete with us, to develop competing training products or services, or to extract Content for inclusion in any other product or service;
Use the Services to advertise or offer to sell goods or services to other Subscribers or end users;
Use a buying agent, purchasing agent, or third party to circumvent any restrictions on the Services;
Represent any documentation provided by us as a credential, certification, or license issued by any party other than Asphalt Paving Mastery LLC.
Falsify, alter, or fabricate any documentation associated with the Services, including any organizational reports, viewing summaries, or completion documentation;
Represent any documentation issued by us as a regulatory credential or as proof of compliance with any law, regulation, or industry standard, except to the limited extent that such documentation accurately documents the streaming of specific course content;
Use the Services or any documentation derived from the Services to misrepresent training status, qualifications, certifications, or compliance posture to any third party.
Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
Disparage, tarnish, or otherwise harm us and/or the Services in a manner that is defamatory or otherwise unlawful;
Use any information obtained from the Services in order to harass, abuse, or harm another person;
Make improper use of our support services or submit false reports of abuse or misconduct;
Use the Services in a manner inconsistent with any applicable laws or regulations;
Engage in unauthorized framing of or linking to the Services;
Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material that interferes with the Services or any party's use of the Services;
Engage in any automated use of the Services, such as using scripts, bots, data mining, robots, or similar data gathering and extraction tools;
Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services;
Harass, annoy, intimidate, or threaten any of our employees, agents, or service providers;
Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services;
Copy or adapt the Services' software, including but not limited to PHP, HTML, JavaScript, or other code.
Any violation of this Section is a material breach of these Legal Terms and may result in immediate suspension or termination of your account without refund, in addition to any other legal remedies available to us, including injunctive relief and recovery of damages.
Subscribers requiring access on ten (10) or more Devices, or requiring custom terms not provided by the standard subscription tiers, may enter into an Enterprise Subscription Agreement with us. Enterprise Subscription Agreements may include, but are not limited to, custom Device counts, negotiated pricing, custom payment terms (including ACH or check payment), service-level commitments, custom training documentation features, dedicated onboarding, and other custom provisions.
Where conflicts exist between an Enterprise Subscription Agreement and these Legal Terms, the Enterprise Subscription Agreement shall control with respect to the matters specifically addressed therein. All other terms of these Legal Terms remain in full force and effect.
Enterprise Subscribers may designate one or more individuals to serve as administrators with responsibility for managing the Enterprise Subscriber's account. Administrators are responsible for ensuring that all use of the Services under the Enterprise Subscriber's account complies with these Legal Terms and the applicable Enterprise Subscription Agreement.
We reserve the right, upon reasonable advance notice and during normal business hours, to audit Enterprise Subscriber accounts to verify compliance with Device limits and other material terms of the Enterprise Subscription Agreement. Audits may include verification of the number of active Devices compared to authorized Devices and compliance with prohibitions on unauthorized access or content reproduction.
Enterprise Subscribers found to be exceeding their authorized Device count or otherwise materially breaching their Enterprise Subscription Agreement or these Legal Terms shall be required to either expand their authorized Device count through an amendment to the Enterprise Subscription Agreement or have access for excess Devices terminated, in addition to any other remedies available to us.
By directly sending us any question, comment, suggestion, idea, feedback, testimonial, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
We reserve the right, but not the obligation, to:
Monitor the Services for violations of these Legal Terms;
Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities;
In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) access to the Services or any portion thereof;
In our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable any user account or access where we believe such action is necessary to protect our rights, our Services, or our users;
Otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
We care about data privacy and security. Please review our Privacy Policy at http://asphaltpavingmastery.com/privacy-policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms.
Please be advised that the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.
The Services are designed exclusively for adult professional users (18 years of age or older). We do not knowingly accept, request, or solicit information from individuals under 18 years of age and do not knowingly market to individuals under 18 years of age.
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES OR DEVICES), TO ANY PERSON OR ORGANIZATION FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, the name of any third party, or the name of any affiliated entity, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Termination of an Enterprise Subscription Agreement is governed by the terms of that agreement.
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. The Services are hosted on third-party infrastructure, and service availability depends in part on the availability of these third-party services.
We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Florida applicable to agreements made and to be entirely performed within the State of Florida, without regard to its conflict of law principles.
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules.
The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in the State of Florida, United States. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Orange County, Florida, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms.
In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than two (2) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law:
No arbitration shall be joined with any other proceeding;
There is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures;
There is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations or binding arbitration:
Any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party;
Any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, unauthorized use, or breach of the device limits set forth in Section 5;
Any claim for injunctive relief;
Any disputes that may be brought in small claims court within the jurisdictional limits of such court.
If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
Your use of the Services is subject to our Disclaimer, which is incorporated into these Legal Terms by reference and which contains important information regarding the nature and limitations of our training content, including disclaimers related to OSHA training, equipment manufacturers, industry standards, state-specific variations, and other matters specific to the asphalt paving industry. The Disclaimer is available at http://asphaltpavingmastery.com/disclaimer.
THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.
We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Services, any hyperlinked website, or any website or mobile application featured in any banner or other content, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFIT, LOST REVENUE, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) THE AMOUNT PAID BY YOU TO US DURING THE TWELVE (12) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING, OR (B) ONE HUNDRED DOLLARS ($100.00 USD).
The above limitations of liability do not apply to:
Liability arising from our gross negligence or willful misconduct;
Liability that cannot be excluded under applicable law;
Our indemnification obligations, if any, as expressly set forth in a separately negotiated agreement;
Death or personal injury caused by our negligence;
Fraud or fraudulent misrepresentation.
Certain US state laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of:
Your use of the Services;
Your breach of these Legal Terms, including but not limited to breach of device limits, unauthorized reproduction or broadcast of Content, or unauthorized account sharing;
Any breach of your representations and warranties set forth in these Legal Terms;
Your violation of the rights of a third party, including but not limited to intellectual property rights;
Any overt harmful act toward any other user of the Services with whom you connected via the Services;
Your misrepresentation of any documentation derived from the Services as a certification, credential, or regulatory compliance instrument;
The acts or omissions of any individual accessing the Services through your account, whether or not authorized by you;
Any injury, damage, or loss arising from work performed by any individual purportedly trained through the Services or your representation that any individual has been trained through the Services.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Subscribers may request access to or copies of account-level usage data as described in our Privacy Policy. Workers viewing content through shared Devices are not enrolled students and have no individual training records maintained by us on the standard subscription tiers.
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
These Legal Terms, together with our Privacy Policy, Cookie Policy, Acceptable Use Policy, Accessibility Statement, and Disclaimer, and any policies or operating rules posted by us on the Services or in respect to the Services, constitute the entire agreement and understanding between you and us with respect to the matters addressed herein. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
For Enterprise Subscribers with separately negotiated Enterprise Subscription Agreements, the terms of those agreements shall control in the event of any conflict with these Legal Terms with respect to the specific matters addressed in those agreements.
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
Asphalt Paving Mastery LLC
2222 Ocoee Apopka Rd Suite 106 #249
Ocoee, FL 34761
United States
Email: Support@AsphaltPavingMastery.com
Phone: (407) 687-0267
Acknowledgment. By using our Services, you acknowledge that you have read these Legal Terms, understand them, and agree to be bound by them. You further acknowledge that these Legal Terms are intended to be enforceable to the fullest extent permitted by applicable law.