1. These Standard Training Terms of Service (“TOS”) apply to the standard web-based, on-site, and asynchronous training services* offered by Tobii Dynavox, provided to the client as the standard web-based or onsite training purchaser (“Client”). Tobii Dynavox does not accept any terms incorporated by Client that are in addition to, contrary to or which deviate from these TOS. By purchasing standard web based and/or onsite training (“Order”) Client accepts and agrees to these “TOS,” and Client agrees its use of the means of access (“Onsite, Live web-based training through an online meeting platform or asynchronous learning through a learning management system) and any information (“Training Products”) will be governed by these TOS.
2. As used herein, (i) “Services” means the web-based and onsite training services to be supplied by Tobii Dynavox to Client, including, without limitation, the permitted uses of the Training Portal and Training Products, and (ii) “Intellectual Property” means discoveries, innovations, inventions, methods, works of authorship and the copyrights therein, design rights, trademarks, patents, trade secrets and know-how, including, without limitation, the Training Portal and all Training Products, as further defined below.
3. Fees: Client shall be responsible for payment fees for Services. Client’s obligation to pay fees is absolute and unconditional, and the fees will be non-refundable. Fees will not be subject to any abatement, reduction, set-off, defense, counterclaim, interruption, deferment, or recoupment for any reason whatsoever.
4. Taxes: Client will pay all applicable federal, state, and local sales, use and excise taxes and all similar taxes attributable to Client’s use of the Services.
5. Cancellation/No-Show Policy:
(i) Tobii Dynavox will allow one live learning event cancellation/rescheduling (virtual or in-person) without penalty provided at least 48 hours’ notice is given by Client prior to the scheduled event. However, Client shall be responsible for and shall reimburse any nonrefundable costs and expenses, including travel expenses, incurred as a result of cancellation/rescheduling. If the event is not rescheduled prior to expiration of the Order, the services will be deemed delivered by Tobii Dynavox and no refund
or compensation will be issued to Client.
(ii) An event that is scheduled where there are no attendees (after a 15-minute waiting period) and no Force Majeure event (described in 12 below) will be considered a cancellation without notice and treated as if the event had occurred as scheduled.
(iii) If Tobii Dynavox must cancel Services more than 30 days prior to when the event is scheduled, Tobii Dynavox, in its sole discretion, may: 1) reschedule the Service to another date within 12 months' time with a minimum of six weeks lead time, OR 2) provide a full refund.
(iv) If Tobii Dynavox must cancel Services fewer than 30 days prior to when the event is scheduled, Tobii Dynavox, in its sole discretion, may: 1) offer a live virtual training in replacement of the canceled in-person Service (with 2 weeks lead time and within 12
months of the event date), OR 2) reschedule the in-person Service at no additional cost (within 12 months of the original event date), OR 3) provide a full refund.