PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES.

Welcome to Ursin Aquatic Pool Academy, a service of Ursin Aquatic Solutions, LLC., a Florida corporation (“Ursin Aquatic Pool Academy” ‘we,’ ‘us,’ or ‘our’). Through our website located at ursinaquaticsolutions.com (the “Site”), Ursin Aquatic Pool Academy provides a platform for educational courses, exam preparation seminars, and informational workbooks (the “Services”). These Terms and Conditions (the “Terms”) set forth the legally binding terms and conditions applicable to all users of the Site and Services. Please read through the Terms prior to making your purchase. If you are unsure about any section of these Terms, please get in touch with us at 850.666.9107 so we can assist you.

Acceptance of Terms:

By registering and/or using the Site in any manner, including but not limited to visiting or browsing the Site or Services, you agree to comply with and be legally bound by all of the terms and conditions contained in the Terms. The Terms incorporate our Privacy Policy by reference, which contains information and notices concerning Ursin Aquatic Pool Academy’s collection and use of your personal and non-personal information and data. Please carefully read these Terms and our Privacy Policy before using the Services. If you do not agree with any or all of the provisions set forth in these Terms, you are not authorized to obtain information from or otherwise use the Site or Services. Failure to use the Services in accordance with these Terms may subject you to civil and criminal penalties. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

Changes & Cancellations for In-Person Courses:

All In-Person Courses (in-house & scheduled) are subject to a 25% administration fee if written notice is given at least 5 business days in advance to CPO@ursinaquaticsolutions.com. You may only receive a refund if written notice is given at least 5 business days in advance. Attendee substitutions are permitted and must be emailed to CPO@ursinaquaticsolutions.com to be processed. In the event that Ursin Aquatic Pool Academy cancels a class, you will receive a 100% refund, or you can choose to apply your registration fees to another class provided by Ursin Aquatic Pool Academy event. By submitting payment, you agree to these Terms.

Changes & Cancellations for Live Webinar Courses:

All sales are final; refunds are not issued for Live Webinar Courses.

Changes & Cancellations for Online Anytime/On-Demand Training:

All sales are final; refunds are not issued for Online Anytime or On-Demand training courses.

Changes & Cancellations For All Courses:

Ursin Aquatic Pool Academy and its service providers reserve the right to postpone or cancel courses prior to the scheduled course date. In the event that Ursin Aquatic Pool Academy cancels an event, you will be notified and can receive a 100% refund, or you can choose to apply your registration fees to another Ursin Aquatic Pool Academy event. Ursin Aquatic Pool Academy reserves the right to change instructors at its sole discretion without providing notice to you. No section of these Terms will be affected by a change of instructor, nor will refunds be granted in the event of a change of instructor. In the event that a course or product is listed at an incorrect price due to typographical or technical error or error in pricing information received from our suppliers, Ursin Aquatic Pool Academy shall have the right to refuse or cancel any orders placed for course or products listed at the incorrect price.

Credit Card Disputes & Bounced Checks:

In the event of a bounced check, credit card dispute, or a chargeback, a $25 fee will be owed to Ursin Aquatic Solutions, LLC. and by agreeing to these terms, you agree to authorize Ursin Aquatic Pool Academy to invoice you and/or charge your account information on file (via ACH or credit card) to settle this $25 fee.

Third-Party Information & Services:

You may be able to access, review, display, or use third-party services, resources, content, or information (“Third-Party Materials”) through the Site. Such Third-Party Materials may also include links to other websites, services, or resources on the Internet, and other Third-Party Materials may also contain links to the Site. By way of an example and not as a limitation, as part of the Site, Ursin Aquatic Pool Academy will permit you to access information and services from businesses and entities that are not owned or operated by Ursin Aquatic Pool Academy. In such instances, Ursin Aquatic Pool Academy acts only as the link between you and such businesses. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the services or information received from or provided to such businesses are covered by their customer agreements, terms, and policies, which are solely between you and such businesses and entities. Ursin Aquatic Pool Academy makes no representations or warranties of any kind, express or implied, regarding the services or information received from such third parties, and the fact that Ursin Aquatic Pool Academy makes such information and services available should not be construed as an endorsement of the business or entities, or the services and information they provide. Your ability to access or link to Third-Party Materials or third-party services (including, but not limited to, SNSs) does not imply any endorsement by Ursin Aquatic Pool Academy of Third-Party Materials or any such third-party services. By using the Site, you are directing the Site to present you with the Third-Party Materials that you have selected. When you access third-party websites, you do so at your own risk, and you acknowledge that content displayed through any such website is the sole responsibility of the entity that makes it available. Third-party materials and websites are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, availability, accuracy, legality, appropriateness, or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by, or any association with, Ursin Aquatic Pool Academy. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such information or services available on or through any such website or resource.

Travel, Lodging, and Other Expenses:

Ursin Aquatic Pool Academy and its service providers reserve the right to postpone or cancel courses prior to the scheduled course date. Ursin Aquatic Pool Academy must postpone courses when student registration does not reach the minimum required amount. In the event of a postponed course, we will provide you with alternative dates to transfer into. If you must book your travel arrangements (i.e., airline travel) more than one (1) week prior to the class start, please get in touch with Ursin Aquatic Pool Academy to ensure that the course has met minimum registration requirements prior to making your travel arrangements.

Tardiness, Early Departures, and In-Class Certification Examination Assistance:

Planned tardiness or early departures must be communicated to Ursin Aquatic Pool Academy prior to the course start date and time. If you arrive after the posted course start time, it is at the instructor’s discretion to deny or grant entry to the class, and you may be subject to a 25% rescheduling fee or may be required to forfeit the training fees in its entirety. For classes that require certification examinations, the instructor may read the examination questions and answers to students, but under no circumstances can the instructor write the answers on behalf of any student. This service is provided at the discretion of the instructor and is ultimately mandated by the certifying body (i.e., Pool & Hot Tub Alliance (PHTA), local States, etc.) and is not under the direct control of Ursin Aquatic Pool Academy. All decisions made in class by the instructor with regards to this policy are final, and any student that cannot complete the certification exam is not eligible for a refund. Students are encouraged to call and inquire about any writing or comprehension disabilities prior to purchasing a course, as this is the only way to guarantee a student’s situation can be accommodated.

Disclaimers:

YOU EXPRESSLY AGREE THAT USE OF THE SITE, SERVICES, AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. THE SERVICES AND ANY CONTENT (IF APPLICABLE) PROVIDED THEREIN ARE PROVIDED “AS IS, ” “AS AVAILABLE” AND ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, TO THE EXTENT PERMISSIBLE BY LAW.

URSIN AQUATIC POOL ACADEMY AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, AND PARTNERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES AND CONTENT IS SOLELY AT YOUR OWN RISK. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL LIABILITY OF URSIN AQUATIC POOL ACADEMY, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS AND SUPPLIERS HOWSOEVER ARISING FOR ANY LOSS SUFFERED AS A RESULT OF YOUR USE THE SERVICES IS EXPRESSLY EXCLUDED, SAVE THAT, IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT LIABILITY OF URSIN AQUATIC POOL ACADEMY, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS (AS APPLICABLE) HAS ARISEN, THE TOTAL OF SUCH LIABILITY SHALL BE LIMITED TO THE LESSER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO URSIN AQUATIC POOL ACADEMY IN CONNECTION WITH THE SERVICES IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE OR LIABILITY OR (ii) IN AGGREGATE TO ONE HUNDRED US DOLLARS ($100.00).

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL URSIN AQUATIC POOL ACADEMY, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS (AS APPLICABLE), BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY OR OTHERWISE (AND WHETHER OR NOT URSIN AQUATIC POOL ACADEMY, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HAD PRIOR KNOWLEDGE OF THE CIRCUMSTANCES GIVING RISE TO SUCH LOSS OR DAMAGE) WITH RESPECT TO THE SITE AND SERVICE:

• INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES;

• LOSS OF ACTUAL OR ANTICIPATED PROFITS;

• LOSS OF REVENUE;

• LOSS OF GOODWILL;

• LOSS OF DATA;

• LOSS OF ANTICIPATED SAVINGS;

• WASTED EXPENDITURE; OR

• COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES.

NOTHING IN THESE TERMS SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, CHARITY FOOTPRINTS’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Indemnification:

You agree to defend, indemnify and hold Ursin Aquatic Pool Academy, and its affiliates, and each of its and their respective officers, directors, agents, co-branders, other partners, and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys’ and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise), or investigation made by any third-party (each a “Claim”) due to or arising out of: your participation in a Ursin Aquatic Pool Academy course or workshop or skill learned or explained in a Ursin Aquatic Pool Academy course or workshop; the courses listed on this Site; your violation of the Terms or this Privacy Policy; your negligence with regards to any procedure taught or explained in Ursin Aquatic Pool Academy workshop; any and all fines or other penalties related to your own actions; your use of the PHTA Certification Classes Manual on any and all construction projects; and/or your violation of any rights of another. Ursin Aquatic Pool Academy shall provide notice to you of any such Claim, provided that the failure or delay by Ursin Aquatic Pool Academy in providing such notice shall not limit your obligations hereunder. Ursin Aquatic Pool Academy reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section, and in such case, you agree to cooperate with all reasonable requests in assisting Ursin Aquatic Pool Academy’s defense of such matter.

Integration and Severability:

These Terms apply to all current features and to new features that are added to the existing Service. These Terms and the Privacy Policy are the entire agreement between you and Ursin Aquatic Pool Academy with respect to the Service and use of the Site and Services and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Ursin Aquatic Pool Academy (including, but not limited to, any prior versions of the Terms).

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. The failure of Ursin Aquatic Pool Academy to enforce any right or provisions of these Terms will not be deemed a waiver of such right or provision. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Governing Law and Jurisdiction:

You and Ursin Aquatic Pool Academy agree that any cause of action arising out of or related to these Terms or the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

These Terms will be interpreted in accordance with the laws of the State of Florida and the United States of America, without regard to its conflict of law provisions. All claims, legal proceedings, or litigation arising in connection with the Services will be brought solely in Leon County, Florida, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If you are accepting these Terms on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction, or venue clauses above, then those clauses do not apply to you, but instead, these Terms and any action related to it will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Florida (excluding choice of law).

Miscellaneous:

We will not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation (including “line-noise” interference). These Terms are personal to you and are not assignable, transferable, or sub-licensable by you except with Ursin Aquatic Pool Academy’s prior written consent. Ursin Aquatic Pool Academy may assign, transfer, or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms, and neither party has any authority of any kind to bind the other in any respect.