The following constitute the terms and conditions to which purchaser agree when enrolling themselves or others into Tools for the Trenches, LLC (T4T) training sessions (“Terms & Conditions”). If you are agreeing to these Terms & Conditions not as an individual but on behalf of your company or other legal entity then, “Customer” or “you” or “your” shall refer to such entity and its affiliates, and you represent that you have the authority to bind such entity and its affiliates to these Terms & Conditions and you are binding your company to these Terms & Conditions. Tools for the Trenches, LLC (as defined in Section 8.1 below) and you shall each be referred to as a “Party” and together as the “Parties” in this Agreement. If you do not have such authority, or if you do not agree with these Terms & Conditions, you must not accept these Terms & Conditions and may not use the documentation, whether printed are available online, provided by Tools for the Trenches, LLC in relation with the training (“Training Material”). Tools for the Trenches, LLC reserves the right to review and update these Terms & conditions periodically at its sole discretion. BY ACCEPTING THIS AGREEMENT BY EXECUTING AN ORDER THAT REFERENCES THIS AGREEMENT, OR BY USING OR ACCESSING T4T TRAINING MATERIAL, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. 1. Standard e-learning training can be ordered on the Tools for the Trenches, LLC website. When you order an online subscription, your submission represents an offer to Tools for the Trenches, LLC to schedule your enrollees onto the Tools for the Trenches, LLC Manufacturing Supervisor Training. On submission of the elearning program you will receive a confirmation email of your enrollment. 2. PAYMENT A one-time fee for all Concepts in Manufacturing Leadership courses or a onemonth subscription fee will be paid at the point of subscription and monthly charge thereafter for the T4T Premium Membership via secure online payment process. Payment must be received prior to the start of training. A receipt will be sent to the purchaser by email confirming payment. Stripe or PayPal will receive the information needed to verify and authorize your payment card and to process your order and is under strict legal and contractual obligations not to disclose this information to third parties. Please note that if you, the purchaser, do not provide accurate details or if your credit card company does not authorize payment, your submission will be deemed void. Tools for the Trenches, LLC will not accept any liability for costs incurred because of applications deemed void in this manner. Sales taxes, if any, may be charged at the applicable rate depending on the product and/or customer. 3. YOUR OBLIGATIONS Purchaser may not allow anyone else to access the Tools for the Trenches, LLC courses, via sharing login access log-in details. Appropriate login credentials are student specific and will be established during enrollment for each student. Tools for the Trenches, LLC reserves the right to remove anyone enrolled in the course if online comments are deemed inappropriate by Tools for the Trenches, LLC. In these circumstances, Tools for the Trenches, LLC will neither refund any fees nor reimburse any other costs. However the subscription will be cancelled and future monthly charges will be stopped. 4. LIMITATION OF LIABILITY Tools for the Trenches, LLC does not accept responsibility for anyone acting as a result of information in, or views expressed on, its training courses including course materials. Opinions expressed are those of individual trainers and not necessarily those of Tools for the Trenches, LLC. Participants should take the employers advice when dealing with specific work-related situations. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Tools for the trenches, LLC SHALL NOT BE LIABLE FOR ANY LOSS OF USE, LOST OR INACCURATE DATA, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, COSTS OF DELAY OR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) STRICT LIABILITY OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TOOLS FOR THE TRENCHES, LLC AGGREGATE LIABILITY TO THE OTHER SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO T4T FOR THE TRAINING. 5. WARRANTY AND DISCLAIMER Tools for the Trenches, LLC ensures that all our training services are delivered diligently and in a good, workmanlike, timely and professional manner consistent with industry standards. Tools for the Trenches, LLC shall provide such trainers to present the training course as it, in its sole discretion, deems fit and Tools for the Trenches, LLC shall be entitled at any time to substitute any trainer with any other person who, in Tools for the Trenches, LLC’s sole discretion, it deems suitably qualified to present the relevant course. Tools for the Trenches, LLC does not warrant that the provision of any content online will always be available or be uninterrupted, timely or error free, that defects will be corrected or that such content is secure or free from bugs, viruses, errors and omissions. 6. INDEMNIFICATION Both Parties agree to defend, indemnify, and hold harmless the other Party and its directors, officers and employees from and against any demands, damages or liabilities including reasonable attorney's fees) arising from a third-party claim that the indemnifying Party caused bodily injury (including death) or damaged real or tangible personal property. 7. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS All Training Material is owned by Tools for Trenches, LLC. All intellectual property rights in all Training Material available, including the design, graphics and text of all printed materials and the audio of all webinars and podcasts, are owned by Tools for the Trenches, LLC. When you are given access to the Training Material, you are granted a non-exclusive, non-transferable, revocable access to use the Training Material. No Training Material may be copied, reproduced, uploaded, posted, displayed or linked to in any way, in whole or in part, without Tools for the Trenches' prior permission. Session notes may be printed solely for the students’ reference and/or factory team discussions. Any other such use is strictly prohibited and will constitute an infringement of Tools for the Trenches intellectual property rights. To provide a continuous check on the consistency and quality of training delivery, at times, students will be asked to submit feedback either through the site or via email. This feedback will be reviewed in detail and will be used to make continuous improvements to class content and delivery and may be used as promotional content in Tools for the Trenches materials, such as website(s) and literature. 8. CANCELLATION AND TRANSFER o 8.1. Cancellation by customer. Tools for the Trenches, LLC enrollment can be cancelled at any time and payment fees for memberships will be stopped at the end of the month provided one week’s notice is provided before the monthly fee is processed. Concepts in Manufacturing Leadership courses are non-refundable once a course has been started by the student. Otherwise, course credits may be offered to the purchaser by Tools for the Trenches, LLC. Once enrolled in T4T Premium Membership product, that month’s fee is non- refundable however the fee for the next month and all future months, will not be charged. If a payment fee is processed one week or more after a cancellation, Tools for the Trenches, LLC will refund the payment. o 8.2 Transfer Requests. Transferring subscriptions is easy and comes without a fee within the boundary of the purchaser’s total subscription headcount and student course completion is less than 50%. To transfer one subscriber’s account to another, email Tools for the Trenches, LLC and include company name, the exiting student’s name and email address and the new student’s name and email address. Transfers will occur within a week of any requests unless otherwise communicated. o 8.2. Cancellation and Topic Repeats by Tools for the Trenches, LLC. Tools for the Trenches, LLC reserves the right to repeat a training topic within the T4T Premium Membership course during a one-year period. Additionally, Tools for the Trenches, LLC reserves the right to occasionally delay training for trainer emergency situations. Prorated refunds will be considered If training sessions are delayed by Tools for the Trenches, LLC due to any Force Majeure Event as defined in Section 10.5, the Customer is entitled to payment suspension whereas charges will be suspended until the Force Majeure Event has stabilized as deemed by Tools for the Trenches, LLC and/or government officials. 9. CONFIDENTIALITY Except as otherwise set forth in these Terms & Conditions, each party may disclose to the other party certain confidential information under these Terms & Conditions. Each party agrees that all code, inventions, know-how, business, technical and financial information or any information specifically designated as confidential or that could be understood to be confidential or proprietary by a reasonable person disclosed to such party (“Receiving Party”) by the disclosing party (“Disclosing Party”) constitute the confidential property of the Disclosing Party (“Confidential Information”) Any Tools for the Trenches, LLC technology, any commercial terms (including pricing) of these Terms &Conditions and any performance information relating to the products shall be deemed Confidential Information of Tools for the Trenches, LLC without any marking or further designation. Except as expressly authorized herein, the Receiving Party will use (and will ensure that its employees, Affiliates, agents, contractors and any approved third parties use) reasonable efforts (which shall be no less than the efforts used to protect its own confidential information of a similar nature) to prevent the disclosure of any Disclosing Party's Confidential Information for any purpose other than providing the training contemplated by these Terms & Conditions unless authorized by the Disclosing Party. The Receiving Party's nondisclosure obligation shall not apply to information which the Receiving Party can document: (i) was rightfully in its possession or known to it prior to receipt of the Confidential Information; (ii) is or has become public knowledge through no fault of the Receiving Party; (iii) is rightfully obtained by the Receiving Party from a third party without breach of any confidentiality obligation; or (iv) is independently developed by employees of the Receiving Party who had no access to such information. The Receiving Party may also disclose Confidential Information if so, required pursuant to a regulation, law or court order (but only to the minimum extent required to comply with such regulation or order and with advance notice to the Disclosing Party). 10. MISCELLANEOUS o 10.1. Jurisdiction over any lawsuit will reside locally for Tools for the Trenches, LLC (Honey Brook, PA) o 10.2 Dispute resolution: arbitration. In the event of any controversy or claim arising out of or relating to these Terms & Conditions, the parties hereto shall consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a solution satisfactory to both parties. o 10.3 Contact. Please contact Tools for the Trenches, LLC via their website for any other training questions or requests by email. o 10.4 Privacy Policy. All information provided by you under these Terms & Conditions will be treated as confidential information. o 10.5 Force majeure. Neither party shall be liable to the other for any delay or failure to perform any obligation under these Terms & Conditions (except for a failure to pay fees) if the delay or failure is due to unforeseen events which are beyond the reasonable control of such party, such as a strike, blockade, war, act of terrorism, riot, natural disaster, failure or diminishment of power or telecommunications or data networks or services, or refusal of a license by a government agency each a Force Majeure Event o 10.6 Entire Agreement and severability. This Agreement is the entire agreement between you and Tools for the Trenches, LLC relating to the training and supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the training or any other subject matter covered by these Terms & Conditions. If any provision of these Terms & Conditions is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.