Terms of Purchase

MyFedTrainer - Terms of Purchase 

The following Terms of Purchase (“Terms”) are entered into by and between you (“Purchaser”, “you”, or “your”) and MyFedTrainer LLC (“MyFedTrainer”, “Seller”, “we” or “us”). These terms control your use of all purchases made on the MyFedTrainer Website www.myfedtrainer.com (“Website”). 

1. Acceptance of Terms

By making a purchase on the Website, you accept and agree to follow and be bound by these Terms (whether on behalf of yourself as an individual or a legal entity that you represent). Purchasers who do not agree with these Terms are strictly prohibited from accessing the Website and completing any purchase with MyFedTrainer, whether on the Website or otherwise. 

THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE AND DO NOT COMPLETE YOUR PURCHASE.

2. Incorporated by Reference: The MyFedTrainer Privacy Policy and Website Terms of Use are hereby incorporated into these Terms. By agreeing to these Terms, you certify that you have read and agree to the MyFed Trainer Privacy Policy and Website Terms of Use. 

3. Definitions 

1. Products: Products refers to all training, templates, or content offered or produced by MyFedTrainer, whether as part of a stand-alone Product or part of a group of Products. 

2. Services: Services is a type of Product that is largely dependent on the effort of an individual or team to deliver the desired results. Training, consulting, and technical assistance Services are included in this definition. 

3. Product Description: The Product Description, as referred to in these Terms, encompasses all of the information presented on the Product or Service Page of the Seller's website, which provides details, specifications, features, licensing terms, and pricing of the product or service to be purchased by the Purchaser. 

4. Confirmation Email: Upon the Purchaser's successful completion of the purchase, the Seller will send a Confirmation Email to the email address provided by the Purchaser during the ordering process. This Confirmation Email will contain a detailed summary of the purchased product or service, including a copy of the Product Description as it appeared on the website at the time of purchase.

5. Registered Members: Registered Members refer to individuals, businesses, or authorized representatives who have completed the registration process on the Seller's website and thereby gained access to the Website Portal. Registered Members have the privilege of logging into the Website Portal, where they can access various features and information related to their purchases, which may include, but are not limited to, their order history, invoices, and a copy of the Product Description as it appeared on the website at the time of their purchase. Registered Members may or may not be the same individual or entity as the Purchaser under these Terms. However, these Terms still apply to all Purchasers and Registered Members.  

6. Website Portal: The Website Portal, as referenced in these Terms, is an online platform maintained by the Seller, accessible to Registered Members. The Website Portal allows Registered Members to log in and access information related to their purchases, including but not limited to order history, invoices, and a copy of the Product Description as it appeared on the Website at the time of purchase.

7. Attribution: Attribution means acknowledging MyFedTrainer as the contributor with rights in the derivative content under these Terms. This can be done through the inclusion of words, graphics, and logos. 

8. Educational, Non-Commercial Use: Educational, Non-commercial Use means any use where a fee is not charged, and the use is not the sale of the Products and/or Services, including derivative content, and the use is not intended to produce a profit. Non-commercial use means you cannot sell MyFedTrainer Products and/or Services directly to any organization nor assign any rights to a client for MyFedTrainer Products and/or Services, including derivative content. 

9. External Use: External Use means for the use of Products and/or Services, including derivative content by third parties which have been authorized by the Registered Member to use the Products and/or Services for Educational, Non-commercial use and for which the Registered Member has acquired and paid for the right to use the Products and/or Services for External Use. 

10. Internal Use: Internal Use means the use of employees or contractual workers for one organization who has been authorized by the Registered Member to use the Products and/or Services in their work and for which the Registered Member has acquired and paid for the right to use the Products and/or Services in this manner. 

2. Purchase Agreement: By making a purchase through the Seller's website, the Purchaser acknowledges and agrees to the following:

1. Product Description Acknowledgment: The Purchaser acknowledges that they have read, understood, and accepted the Product Description as displayed on the Seller's website at the time of purchase. The Product Description is an integral part of these Terms. If you have any questions or uncertainties regarding the Product Description DO NOT proceed with making a purchase on the Website. Please contact us for more information regarding the Product Description before completing your purchase. 

2. Email Confirmation: The Purchaser further acknowledges that they will receive a Confirmation Email containing the Product Description after their purchase. If the Purchaser does not receive an Email Confirmation after their purchase, they must notify the Seller within seven business days. Failure of the Purchaser to notify the Seller that they did not receive a Confirmation Email within the allotted time frame may result in the Purchaser waiving all rights granted under these Terms. 

3. Registered Member: The Purchaser further acknowledges that they must become a Registered Member in order to access the Website Portal and Products and/or Service they have purchased. 

4. Website Portal Access: The Purchaser acknowledges that upon becoming a member, they will have access to the Website Portal where the Product Description will be available.

3. Price and Payment: 

1. Posted Price: The Purchaser agrees to pay the total purchase price as specified on the Website's checkout page. 

2. Price and Product Description Changes: The Seller reserves the right to change prices or modify the Product Description, but such changes will not affect orders already placed.

3. Payment: You represent and warrant that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii), you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the charges incurred, including any surcharge we may incur due to such dishonored payment. You understand that if you fail to make timely payment, we reserve the right to suspend your Registered Member account until payment is made. If payment is not made within forty-five (45) days of the due date, we may even terminate your Registered Member account which will disable your access to the Website Portal and subsequently your use of all Products and/or Services.

4. Returns and Refunds: The Seller typically does not offer refunds for purchases under these Terms. However, under certain circumstances and subject to the Seller’s sole discretion, they may refund your payment. All refund requests must be made within thirty (30) days of your purchase and be made in writing by emailing the Seller at support@myfedtrainer.com. Please include the reason for your refund request in the email. Refunds are not guaranteed. 

5. Permitted and Prohibited Uses: Your Product Description will provide detailed information on how you can and can not use the Products and/or Services you purchase from the Website. 

1. Educational, Non-Commercial Use: Unless otherwise explicitly stated in your Product Description, Products and/or Services purchased from the Website are to be used for Educational, Non-Commercial Use only. Reproduct and resale are strictly prohibited and may be considered copyright infringement. 

2. Internal Use Only: Unless otherwise explicitly stated in your Product Description, Products and/or Services purchased from the Website are to be used for Internal Use only. Purchases may not reproduce, publish, display, distribute, sell, sublicense, transfer, rent, lease, broadcast, file share, load, disclose, or otherwise make available the Products and/or Services, or any part thereof, to any third party. 

3. Alterations: Unless otherwise explicitly stated in your Product Description, Products and/or Services may not be reverse engineered, disassembled, decompiled, or otherwise made to derive source code from the Products and/or Services, Website, or any part thereof. 

4. Derivative Works: Unless otherwise explicitly stated in your Product Description, you may not modify, translate, adapt, alter, merger, or create derivative works (as defined under the United States copyright laws), remove any proprietary notice, labels, trademarks, or services marks on any of your purchased Products, Services, and/or Website. 

5. Display: Except as explicitly permitted in writing by the Seller, you are prohibited from use or displaying your Products and/or Services in a way that would give the impression the content was created by you or a person other than the copyright holder, including claiming ownership of or exclusive rights to the Products and/or Services. Use the Content in a way that is obscene, immoral, infringing, defamatory, or libelous in nature, or that would be reasonably likely to bring any person or property reflected in the Product and/or Services in a bad light or in a way they may find offensive is strictly prohibited. 

6. Attribution: If you purchase a Product or Service that allows External Use, you will be required to provide Attribution to MyFedTrainer on all documents. Details regarding Attribution can be found inside the Website Portal in the MyFedTrainer Brand Guidelines. Failure to adhere to the MyFedTrainer Brand Guidelines will result in immediate revocation of your license. If you have questions regarding required Attribution, please contact us at support@myfedtrainer.com. 

6. Our Relationship with You: MyFedTrainer’s relationship to you is at all times that of a client and/or independent contractor. These Terms in no way creates any agency, partnership, joint venture, employee-employer, franchisor-franchisee relationship, or work-for-hire agreement between you and MyFedTrainer. 

7. Our Intellectual Property: Our Website may contain our service marks or trademarks, as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of the purchased Products and/or Services does not constitute any right or license for you to use our service marks or trademarks without the prior written permission of MyFedTrainer. 

Our content, as found on our Website and within the Seller’s Products and/or Services, is protected under the United States and International copyrights. The copying, redistribution, use, or publication by you of any such content, is strictly prohibited. Your use of our Website, Products, and/or Services does not grant you any ownership rights to the Website, Products, and/or Services. 

Prohibited Uses of MyFedTrainer Website, Products, and/or Services, as described in these Terms and in the Product Description may be considered trademark and/or copyright infringement and will be thoroughly investigated to ensure compliance with these Terms. 

8. Age Restriction: You certify by agreeing to these Terms that you are at least 18 years of age and you are legally able to enter into a contract. Individuals under the age of 18 or otherwise unable to legally enter a contract are prohibited from accessing the Website and receiving Products and/or Services from MyFedTrainer.

9. Protecting Your Password: When you complete the registration process to become a Registered Member, you will receive a password that will allow you to access the Website Portal. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to immediately notify us of any authorized use of your password or any other breach of security. You agree that MyFedTrainer cannot and will not be liable for any loss or damage arising from your failure to comply with password security, as discussed herein.

10. No Professional Advice: MyFedTrainer does not provide legal, accounting, tax, financial, or other professional advice of any kind (“Professional Advice''). Any information provided on this Website and/or within our Products and/or Services should not be considered Professional Advice. All of the Seller’s Products and/or Services are for informational and educational purposes only and similarly, not to be considered as Professional Advice. If you are in need of Professional Advice, we highly suggest you seek independent legal, accounting, tax, and financial advice from licensed professionals in your jurisdiction. 

11. Legal Compliance: You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website, Products, and/or Services purchased and/or provided therein.

12. Unlawful Activity: We reserve the right to investigate complaints or reported violations of these Terms and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

13. Advertisers and Sponsors Disclaimer: Our Website may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on our Website is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy, or problem in advertiser or sponsor materials. THE INCLUSION OF THIRD-PARTY ADVERTISEMENTS DOES NOT CONSTITUTE AN ENDORSEMENT, GUARANTEE, WARRANTY, OR RECOMMENDATION BY MFT, AND WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT ANY PRODUCTS AND/OR SERVICES CONTAINED THEREIN.

14. Warranty Disclaimer: Our Website, Products, and/or Services may be temporarily unavailable from time to time for maintenance or other reasons. MyFedTrainer assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorized access to, or alteration of, Registered Member communications. MyFedTrainer is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or any combination thereof, including injury or damage to a Registered Member or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with our Website and/or Content, including without limitation any software provided through our Website and/or Content. Under no circumstances will MyFedTrainer be responsible for any loss or damage, including any loss or damage or personal injury or death, resulting from anyone’s use of our Website, Products, and/or Services, or for any interactions between users of our Website, Products and/or Services, whether online or offline.

15. Provided As-Is: ALL CONTENT FROM OR THROUGH OUR WEBSITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS, ” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE, PRODUCTS AND/OR SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS. MYFEDTRAINER, INCLUDING ALL OUR AFFILIATES, HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE OR CONTENT. MYFITTRAINER CAN NOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF OUR WEBSITE OR CONTENT, INCLUDING, BUT NOT LIMITED TO, RELATED SOFTWARE. MYFEDTRAINER DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT OR ANY SOFTWARE FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE OR THAT ANY SUCH ITEMS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT AND RELATED SOFTWARE IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR WEBSITE OR CONTENT AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE, AS WELL AS ALL OF OUR AFFILIATES, ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND MFT. OUR WEBSITE, PRODUCTS AND/OR SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE, PRODUCTS, AND/OR SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

16. Use of Information: We reserve the right, and you authorize us, to the use and assignment of all of your information regarding your use of our Website, Products, and/or Services in any manner consistent with our Privacy Policy. All remarks, suggestions, ideas, graphics, or other information communicated by you to us (“Submission”) is considered assigned to us and is, as such, considered our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including, without limitation, product, service, or advertising ideas), and will not incur any liability as a result of any similarities that may appear in our Website, Products, and/or Services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purposes whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

17. Assignment: The rights and obligations created under these Terms may not be assigned to any other party. Registered Members may not assign or transfer their membership to another individual or entity. 

18. No Guarantees: We cannot legally guarantee results. Past results are not indicative of future results.

19. Arbitration: Any legal controversy or legal claim arising out of or relating to these Terms, Website, Products, and/or Services, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, website operations, intellectual property, and our Products and/or Services, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Olney, Maryland, United States, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or us may seek any interim or preliminary relief from a court of competent jurisdiction in the State of Maryland, the United States, necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs.

20. Headings: The sections in these Terms are included for your convenience and are not to affect the interpretation of these Terms. 

21. Severability: If any portion of these Terms is held to be unenforceable or contrary to law, such portions shall be construed in accordance with applicable law, to accomplish the objectives in these Terms, to the fullest extent allowed by law. Remaining section headings shall remain in full force and effect. In the event that one or more of the provisions of this agreement are found unenforceable, illegal, or invalid, the other provisions of this agreement shall not be affected.

22. Entire Agreement: These Terms supersede any prior or contemporaneous communications, representations or agreements between MyFedTrainer and you or your business and affiliates. 

23. Effective Date: These Terms are effective when you complete your purchase on our Website, whether or not your payment processes. 

24. Contact: If you have questions about these Terms of Purchase, please email support@myfedtrainer.com before completing your purchase.