These Terms and Conditions shall constitute the entire agreement (the “Agreement” or “Terms and Conditions”) between Atlantic Training (“AT”, “we” or “us”) and you with respect to the subject matter hereof. These Terms and Conditions are controlling and supersede any prior or contemporaneous agreements, understandings or representations, oral or written, relating to the subject matter hereof. These Terms and Conditions govern in the event of any conflict between these Terms and Conditions and any provision offered by you, the terms of which, whether conflicting, supplemental or otherwise, are hereby expressly rejected.
Payment Terms, Orders, Quotes. Any quotation we provide will be valid for the duration stated in the quotation. If no duration is stated, the quotation will be valid for 7 days. If we agree to extend credit terms to you, you agree to pay invoices net 30 days following the date of delivery unless we have agreed to another term. Delay in delivery, misdelivery, improper delivery or nondelivery of any installment shall in no way affect your obligation to accept and pay for remaining installments upon delivery. Any amount not paid in full within 30 days from date of invoice will be subject to a service charge of 1½% per month on the unpaid balance, until paid in full. Where payment is made by credit card, such payment is subject to the approval of the financial institution issuing the credit card and we will not be liable in any way if such financial institution refuses to accept or honor the credit card for any reason. All pricing and charges are in US Dollars.
Shipping. Atlantic only ships orders on Tuesday’s. Should Atlantic be closed on a Tuesday due to a Holiday or Emergency, your shipment will ship the following week at the latest. Atlantic does not offer expedited shipments at this time. Should the buyer have a request for guarantee shipment or any other form of expedited shipment please contact our office to ensure proper delivery. Atlantic does not offer Saturday delivery online nor delivery to a P.O. Box so please contact us for further information.
Customers with shipping addresses outside of the U.S. are solely responsible for all duties, import taxes and brokerage fees. These are not included in the cost of shipping or handling of your order. Customs, duties, and taxes vary widely from country to country; please check with your local customs agency for details on estimated costs. Customs, duty, and taxes are non-refundable: so if you refuse a shipment because of unexpected import fees, the cost of the original shipping, any brokerage/customs/duty/taxes, and any return shipping charges will not be refunded.
Cancellation or Default by You. This Agreement may not be canceled, in whole or in part, except with our prior written consent. If we determine your credit is impaired, or if you fail to pay any amount when due, under this Agreement or any other agreement, or if, at any time, you indicate an intention to refuse to perform, we may at our option require full or partial payment in advance of shipment or production or terminate this Agreement as regards further shipments, and, thereupon all of your obligations with respect to shipments previously made shall become immediately due and payable. In the event of such termination, you will remain liable for any and all loss or damage sustained due to your default.
Return Policy. DVDs and Video products in saleable condition may be returned with original packaging slip within 14 days of shipment for a Full Refund (less any freight charges accrued). In order to return an item please fill our return authorization form to receive a Return Authorization # (RA#) and an address as to where the programs will need to be sent. There WILL be a restocking charge applied of 20% for all orders received between 14-30 days. After 30-day all sales are Final. Freight to and from the customer's location must also be prepaid. All Written & Downloadable materials are non-refundable.
Force Majeure. We shall not be liable for any loss, damage, delays, changes in shipment schedules or failure to deliver caused by any event beyond its control, including, without limitation, accident, fire, actual or threatened strike or riot, explosion, mechanical breakdown (including technological or information systems), plant shutdown, unavailability of or interference with necessary transportation, any raw material or power shortage, compliance with any law, regulation or order, acts of God or public enemy, prior orders from others, or limitations on our or our suppliers’ products or marketing activities or any other cause or contingency beyond our control.
Limitation on Warranty and Remedies. Unless otherwise stated on the Invoice, we warrant to you that any Product will be free from defects in materials and/or workmanship for a period of one (1) year from the date of shipment. During the warranty period, we will, at our option: (i) repair the Product, or (ii) replace the Product with a comparable Product. Any replacement parts or Products will be new or serviceably used, comparable in function and performance to the original part or Product, and warranted for the remainder of the original warranty. If applicable, an additional limited warranty statement will be included with each product shipped to you. We reserve the right to modify this warranty statement at any time, in our sole discretion. We will honor any such warranty only upon receipt of payment in full for the product to be warranted. You represent that you have used your own independent skill and expertise in connection with the selection and use of the Products purchased pursuant to this Agreement, and that it will independently determine the suitability for each use for which it is purchased. THIS LIMITED WARRANTY DOES NOT COVER, AND SHALL AUTOMATICALLY BECOME NULL AND VOID, FOR THE FOLLOWING REASONS: ABUSE, MISUSE, ACCIDENT OR PROBLEMS WITH ELECTRICAL POWER; IMPROPER STORAGE, INSTALLATION, APPLICATION OR MAINTENANCE; FAILURE TO NOTIFY US OF A CLAIMED COVERED DEFECT WHEN AND AS REQUIRED BY THIS AGREEMENT; OR FAILURE TO USE THE PRODUCTS IN ACCORDANCE WITH OUR SPECIFICATIONS AND STANDARD OPERATIONAL GUIDELINES. THIS WARRANTY IS EXCLUSIVE, AND EXCEPT AS EXPRESSLY SET OUT IN THIS AGREEMENT, WE MAKE NO OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ANY EVENT, YOUR SOLE REMEDY SHALL BE A CREDIT FOR THE COST OF SUCH PRODUCTS OR, AT OUR OPTION, REPLACEMENT OF SUCH PRODUCTS. WE SHALL UNDER NO CIRCUMSTANCES, WHETHER FOR A FAILURE OF ITS LIMITED REMEDY OR OTHERWISE, BE LIABLE TO YOU OR OTHERWISE FOR SPECIAL, INCIDENTAL, DIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES. NO WAIVER, ALTERATION, ADDITION OR MODIFICATION OF THE FOREGOING CONDITIONS SHALL BE VALID UNLESS MADE IN WRITING AND SIGNED BY AN OFFICER OF Atlantic Training.
Limitation of Actions. Any action for breach of this Agreement, other than for non-payment, must be commenced within one year of the date of shipment, or due date of delivery in the event of non-delivery, of the particular shipment upon which such claim is based. Your remedies set forth in this Agreement are exclusive and our total liability for damages to you or any third party shall be limited to the purchase price of the particular shipment with respect to which such damages are claimed.
Products. Our policy is one of on-going product update and revision. We may revise and discontinue products at any time. We will ship Products that have the functionality and performance of the Products ordered, but changes between what is shipped and what is described in a specification sheet or quotation is possible. The parts and assemblies used in building our products are selected from new and equivalent-to-new parts and assemblies in accordance with industry practices. Spare parts may be new or reconditioned.
Third Party Products. Third party products may carry different return and warranty policies than our products. Third party products may be returned in accordance with the third party program's return policy in effect on the date of invoice. Any warranty and technical support provided on a third party product is provided by the original manufacturer, not by us. The warranties and technical support may vary from product to product.
Software License and Warranty. Title to any software installed with the Products remains with the applicable licensor(s). All software is subject to the applicable license agreement which is included with the Product(s). You agree to be bound by the license agreement once the software is opened, the package is opened or its seal is broken. Warranty for any software shall be in accordance with the license agreement. We do not warrant any software under this Agreement.
Not For Resale; Resellers. If you are not an authorized Atlantic reseller, you agree and represent that you are buying for your own internal use and not for resale. If you are an authorized Atlantic reseller, these terms and conditions apply to the sales of the Products insofar as they are consistent with the terms and conditions of the separate reseller agreement signed with us. In the event there is any inconsistency between the terms and conditions of the separate reseller agreement and these terms and conditions, the separate reseller agreement applies.
Export Control. Products obtained under these terms and conditions are subject to export laws and regulations of the United States of America.
Our Remedies. In the event you default on any of your obligations, we have all rights and remedies available under law or equity, including but not limited to, the right of immediate sale or recovery of the Products, without notice or liability. Furthermore, you will pay any attorneys’ fees we incur in enforcing these Terms and Conditions.
Indemnification. You shall indemnify and hold us harmless from and against any and all claims, actions, suits, proceedings, costs, demands, damages and liabilities of any nature, relating to or in any way arising out of the delivery, rejection, installation, possession, use, operation, control or disposition of the Products.
Governing Law; Venue. This Agreement shall be governed by and construed in accordance with the laws of the state of Delaware, U.S.A, excluding conflict or choice of law provisions, and you agree to submit to the jurisdiction and venue of the courts of New Castle County, Delaware.
Amendment. This Agreement can only be amended by a writing signed by an officer of Atlantic Training and specifically stating that it is an amendment.
Ownership. The products and the contents of this Site, including without limitation, the text, site design, logos, graphics, icons and images, videos, software, coding and other content comprising the Site, as well as the selection, assembly and arrangement thereof, are protected by U.S. and international copyright laws. USB and DVD are both copyrighted products and shall not be removed from their devices. The USB devices we sell will be permanently damaged if the files are attempted to be taken off of the device. Replacement will be at the customer's expense for both product and shipping. Should you wish to put something directly on your network or device, please call 800-975-7640 to speak about the options we offer. In addition, the entirety of this Site is a work owned by Atlantic training. All rights reserved.
You acknowledge and agree that all proprietary rights of all content found on this domain, shall remain the property of Atlantic Training.
Any other questions please contact us
Who we are:
This Policy is written in the English language. We do not guarantee the accuracy of any translated versions of this Policy. If any translated versions of this Policy conflict with the English language version, the English language version of this Policy shall control.
Your rights to your information:
● You have the right to know why an organization collects, uses or discloses your information.
● You have the right to expect an organization to handle your information reasonably and to not use it for any other purpose other than the one to which you consented.
● You have the right to know who in an organization is responsible for protecting your information. You have the right to expect an organization to protect your information from unauthorized disclosure.
● You have the right to inspect the information an organization holds about you and make sure it is accurate, complete and current.
● You have the right to confidentially complain to an organization about how it handles your information.
Information We Collect:
We collect the following personal information about you:
● Contact information such as name, e-mail address, phone number, billing information, information you input into open text fields
● You also have the option of adding a display name, job title and other details to your profile information to be displayed in our services
● Information about your business such as a company name, industry, company size, company contact information
● Content information about you that may include viewed content and training interactions
● Contact information provided when seeking technical support, including summary of problem and attachments that may be helpful in resolving an issue
● Information about you when you visit and interact with our website and training portal. This may include the links you click on, the file attachments you download, frequently used search terms
● Device information including your connection type and settings, information about your operating system, browser type, IP address, URLs of referring/exit pages
In some cases another end-user (such as an administrator or training manager) may create an account on your behalf and may provide your information, including Personal Information (most commonly when your company requests that you use our service). We collect information under the direction of our Customers and often have no direct relationship with the individuals whose Personal Information we process. If you are an employee of one of our Customers and would no longer like us to process your information, please contact your employer or training manager.
How We Use Your Information:
● To provide and improve our domains, services, features and content
● To administer your use of our domains
● To better understand your needs and interests
● To fulfill requests you may make
● To provide or offer software updates and product announcements
● To provide you with further information and offers from us
Disclaimer for Information:
Atlantic attempts to provide accurate information on our website, but it assumes no responsibility for accuracy. Atlantic may change the information on the site, or the products or services mentioned, at any time without notice. Content on our site is provided "as is" and Atlantic disclaims all warranties, express or implied. This includes but is not limited to implied warranties of merchantability, or fitness for a particular purpose. It also includes any express or implied warranties arising from any course of dealing, usage or trade practice.
Limitation of Liability:
Atlantic is not liable for any direct, indirect, special, incidental or consequential damages arising out of the use of material on our site. This includes but is not limited to the loss of data or loss of profit, even if Atlantic was advised of the possibility of such damages.
Cookies and WebHooks:
We may use web beacons and cookies to help us manage, monitor, and optimize our Service and measure the effectiveness of our advertising, communications, and use of the Service.
We will use WebHooks to monitor the behavior of the user visiting the domains or receiving the email.
Cookies and web beacons used by us will not be linked to your personal information.
How We Protect Your Personal Information:
Security is one of the top priorities here at Atlantic. We follow most industry standards to protect personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we do not guarantee absolute security. We are not responsible for the unauthorized acts of others and we assume no liability for any disclosure of information due to errors in transmission, unauthorized third party access or other acts of third parties, or acts or omissions beyond our reasonable control.
Atlantic cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of Atlantic, to protect the safety of the public or any person, or to prevent or stop any activity we may consider to be, or to pose a risk of being, illegal, unethical, inappropriate or legally actionable.
All employees and associates who are granted access to your personal information understand the need to keep this information protected and confidential. They know they are to use the information only for the purposes intended.
Atlantic owns the code, databases, all rights to the domains, and all of the user data populated in the domains. Atlantic may delete and remove data inside of the domains for any reason without informing the users.
Your Choice for Privacy:
You may withdraw your consent at any time (subject to legal or contractual obligations and on providing us reasonable notice) by communicating to us in writing. Please be aware that withdrawing your consent may result in loss of service without a refund.