These terms and conditions (the “Terms”) and the Privacy Policy govern the way in which We supply Services to You.
Please read these Terms and the Privacy Policy carefully before you submit Your purchase to Us. The Privacy Policy may be found at https://www.hydroinc.com/privacy-policy/. These Terms and the Privacy Policy tell you who We are, how We will provide Services to You, how we manage Your data, including personal data, how You and We may change or end the contract, what to do if there is a problem and other important information. All rights not expressly granted in these terms are hereby reserved.
You agree to review these Terms and the Privacy Policy periodically to ensure that you are aware of any amendments to these Terms, which may be made at any time.
To proceed to payment for the Services, You must ACCEPT these Terms and the Privacy Policy. By Your clicking on the “ACCEPT” button You agree You have reviewed these Terms and the Privacy Policy and are unequivocally bound to these Terms and the Privacy Policy. If You do not agree to these Terms and/or the Privacy Policy You must cease to continue this purchase of Services from Us.
Terms and Conditions for the Purchase of
Online and In-Person Classes
These terms and conditions (“Terms”) apply to all Services provided by Hydro University, a division of Hydro Inc. of 834 W. Madison, Chicago, IL 60607, a Delaware corporation (“Hydro University,” “We,” or “Us”) to You.
You may contact Us on hydrouniversity@hydroinc.com and/or (312) 738-3000.
These Terms are in addition to the Privacy Policy and apply to the Your purchase of any Class. The Privacy Policy may be found at https://www.hydroinc.com/privacy-policy/.
If there is any conflict between our Privacy Policy, these Terms, and any Class Specific terms and conditions which might apply to a specific Class then the conflict shall be resolved by applying the following order of priority:
a. Class Specific Terms and Conditions;
b. These Terms and Conditions for the Purchase of online and in-person Classes;
c. Privacy Policy.
1. Definitions
1.1. “Confidential Information” means information provided by one party to the other in written, graphic, recorded, machine readable or other form concerning the business, clients, suppliers, finances and other areas of the other party’s business or products, including, without limitation, the Class Materials, but does not include information in the public domain other than through the default of the party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party.
1.2. “Class” means the delivery by Us of (i) On-demand Classes with quizzes pursuant to which You access and learn Class materials remotely, (ii) On-demand Classes with quizzes including live, subject matter expert support, pursuant to which You access and learn Class materials remotely (iii) Live, online Classes pursuant to which You access and learn Class materials remotely ((including webinars and E-learning series), (iv) In-person, Onsite Classes in a classroom setting which You attend in person, or(v) a blend of course delivery as described on Our Website. Class type (i), (ii), and (iii) are referred herein to as “online” Classes and Class type (iv) is referred to herein as an “in-person” Class.
1.3. “Class Materials” means the Class and all information provided by Us to accompany a Class and provided as part of the Services in all forms received by You.
1.4. “Expenses” means reasonable travel, living, shipping, location, storage, specialized software expenses, or similar expenses that are directly attributable to the Services performed by Us for Classes descried in 1.2(iv), if any.
1.5. “Fees” means the fees paid by You to Us for the Services.
1.6. “Intellectual Property” means copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, technical know-how, studies, analysis, processes, methods, business plans or models (including computer software and preparatory and design materials thereof) rights in or relating to Confidential Information and other intellectual property rights (registered or unregistered) throughout the world.
1.7. “Onsite” means Our location, Your location, or a 3rd party location.
1.8. “Services” means the provision of a Class or Classes together with such other services as agreed from time to time and purchased by You through the Website, in writing, or by telephone.
1.9. “Website” means Hydro University - Hydro, Inc. and Customer Portal (hydroinc.com).
1.10. “You” or “Your” means the individual or entity purchasing the Services.
1.11. “We” or “Us” means Hydro University.
2. General
2.1. We develop, distribute, and maintain the Classes and will provide You with login and/or access information so You may access the Class. We will manage Your access to Classes and provide support to You for accessing Classes where necessary.
2.2. You shall not copy, record, modify, transmit, distribute or in any way utilize the Classes or any other Hydro University Intellectual Property provided other than for Your individual training. Any other purpose is expressly prohibited under these Terms. You shall not provide access to or permit anyone else to view, copy, record, use, modify, transmit, distribute or in any way utilize the Classes or any other Hydro University Intellectual Property.
2.3. We provide the materials ‘as is’ and without any warranties, whether express or implied, except those that cannot be excluded under statute. We do not warrant that the Classes will be error free, including technical inaccuracies.
3. The Services
3.1. A description of the Services together with the date on which the Services will begin, how You will access the Services, and any prerequisites for the Class, if any, are available on our Website. We will provide the Services with reasonable care and skill in accordance with the description set out on the Website.
3.2. We reserve the right to vary or withdraw any of the Services described on the Website without notice.
3.3. We expect You to confirm that the Services You are purchasing will meet Your needs. We do not make any guarantee to You that You will obtain a particular result, professional qualification, or employment opportunity from Your purchase and completion of any of the Services.
4. Ordering Services
4.1. Purchase of the Services shall occur through the Website. Your purchase of in-person, Onsite Classes shall occur through the Website and/or through purchase order.
4.2. To Purchase Services, you must ACCEPT these Terms and Our Privacy Policy. Your clicking on the “ACCEPT” button prior to payment indicates You have reviewed these Terms and the Privacy Policy and you agree to and are unequivocally bound to these Terms and the Privacy Policy. Hydro University reserves the right to cancel or decline Your purchase or any part of Your purchase at any time until it has been confirmed in accordance with Section 4.3, below.
4.3. A legally binding agreement between Hydro University and You shall come into existence when We have received payment in full of the relevant Fees from You in accordance with Section 5 below.
5. Fees, Pricing, and Payment
5.1. Fees for the Services shall be as set out on the Website at the time of purchase and/or as described in a purchase order. We reserve our right to review and change the pricing of any of Our Services. This will not affect Services that have already been purchased by You.
5.2. For in-person, Onsite Classes (Classes described in Section 1.2(iv)), We shall be reimbursed at cost for all Expenses incurred.
5.3. You agree to provide payment for the Services in the stipulated currency and You shall be liable to pay any relevant conversion charges, as well as applicable sales tax in your region. Please note that We must receive Your payment in full before providing you with access to the Classes.
5.4. We use PayPal, a third-party payment provider for payment of Fees. Payment for the Services must be made at the point of purchase. For Classes purchased through a purchase order, We may accept payment by alternate methods.
5.5. Onsite Classes at Your location or a 3rd party location will have additional costs and requirements. Any additional costs and requirements shall be documented in a zero dollar purchase order upon payment for the Class.
5.6. Any fees charged by Your debit or credit card provider in connection with Your purchase of Services are for Your own account and Hydro University shall not be responsible for these.
5.7. You shall be responsible for all costs You incur in connection with Your attendance at any Class.
6. Access to Class Materials
6.1. The date Your access to an online Class commences and/or the timeframe within which the Class will be available to You is described in the Class description. The date Your in-person Class will be held is as described in the Class description.
6.2. We will provide you with reasonable notice of the expiration of Your access to an online Class. However, We do not guarantee that notice of expiration of Your access will be sent and it is Your responsibility to ensure that all Class content has been completed within the allocated time. If You do not think this will be possible, then one (1) extension of time will be available for purchase at an additional Fee.
6.3. Although We use commercially reasonable efforts to ensure that the Services are available 24 hours a day 7 days a week, We cannot promise that access to the Services will be uninterrupted or error free. Your access may be restricted from time to time for reasons beyond Our control. Such reasons include force majeure events, power outages and actions from computer hackers and others acting outside the law. Your access may also be interrupted due to Our software issues, server downtime, programming errors, regular maintenance, and other related reasons. Where this is the case, as Our sole remedy, We will take commercially reasonable steps to restore Your full access within a reasonable period. ‘Commercially reasonable’ in these Terms shall mean reasonable efforts taken in good faith, without an unduly burdensome use or expenditure of time, resources, personnel, or money.
6.4. Our aim is to provide Classes and Class Materials of the highest quality. As such, improvements or changes to the Services or any other materials may occur at any time without prior notification to ensure that they are up to date and accurate.
6.5. Where Your access to the Classes is restricted for any of the above reasons, We may provide you with a free extension of time at our sole discretion.
6.6. Class Extensions. Access to online Classes described in Section 1.2(i) may be extended one time only at 40% of the full Class Fee. The extension period shall be equal to Your original access period (i.e., original access period is 30 days, extension period is 30 days).
7. Cancellation
7.1. Where Services are delivered to You immediately (Classes described in Section 1.2(i)), You shall have the right to cancel Your purchase until you access the Class.
7.2. You may cancel Your purchase of online Classes with a live component (Classes described in Section 1.2(ii) and (iii)), up to 48 hours in advance of the Class, so long as no part of the Services have been provided to You, downloaded, streamed, or otherwise accessed by You.
7.3. You may cancel Your purchase of in-person, Onsite Classes (Classes described in Section 1.2(iv), (i) for a full refund up to 14 days prior to the start date, (ii) for a 50% refund up to 7 days prior to the start date, and (iii) for a 25% refund, up to 48 hours prior to the start date. Unless otherwise agreed between You and Us, there shall be no refund for Classes terminated less than 48 hours prior to the start date. Termination in accordance this Section 7.3 shall not relieve You of the liability for payment of non-refundable Expenses incurred by Us. We shall provide receipts for any such Expenses.
7.4. It is Your responsibility to ensure that You meet the system requirements, including compatible hardware, software, telecommunications equipment and Internet service, prior to purchasing any Services. We are unable to provide refunds where Your access to the Services is inhibited due to insufficient system requirements.
8. Intellectual Property and Grant of License
8.1. All Intellectual Property Rights in the Services, including but not limited to Materials, the content of online and in-person Classes, and the instruction and speeches made by trainers in the Classes described in Clause 1.2(ii), (iii), and (iv) are, and remain, the intellectual property of Hydro University or its licensors, whether adapted, written for or customized for You or not.
8.2. You are expressly prohibited from:
8.2.1. copying, modifying, reproducing, re-publishing, sub-licensing, selling, uploading, broadcasting, posting, transmitting, or distributing any of the Class Materials without prior written permission;
8.2.2. recording on video or audio tape, relaying by videophone or other means the online or in-person Class given;
8.2.3. using the Class Materials in the provision of any other Class or training whether given by Us or any third-party trainer;
8.2.4. removing any copyright or other notice of Hydro University on the Class Materials;
8.2.5. modifying, adapting, merging, translating, disassembling, decompiling, reverse engineering (save to the extent permitted by law) any software forming part of the online Classes; and
8.2.6. providing access to or permitting anyone else to view, copy, record, use, modify, transmit, distribute or in any way utilize the Classes or any other Hydro University Intellectual Property.
8.3. Breach by You of Section 8.2 shall allow Us to immediately terminate these terms and conditions with You, cease to provide You with any Services, including but not limited to access to the online Classes, and pursue any and all remedies available to Us herein and by law.
8.4. In consideration of the Fees paid by You, We grant to You a license to use the Class Materials and the software in respect of the online Class for the sole purpose of completing the Class. THIS LICENSE IS LIMITED, REVOCABLE, NON-EXCLUSIVE, NON-SUBLICENSABLE, NON-TRANSFERABLE, AND IS SUBJECT TO THE RIGHTS AND OBLIGATIONS GRANTED UNDER THESE TERMS.
8.5. For clarity, use of the Services and the grant of license provided by Us under these Terms is personal to You and cannot be transferred or assigned to any other person.
8.6. We shall be entitled to assign these terms and conditions to any other company without prior notice to You.
9. Confidentiality
9.1. Each party shall keep the other party’s Confidential Information strictly confidential and not use it otherwise than for the purposes of this agreement and shall return it on demand and not retain copies of it.
9.2. Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them.
9.3. This Section shall continue notwithstanding termination of these terms and conditions.
10. Termination
10.1. We shall be entitled to terminate these Terms and cease to provide You with any Services with immediate effect if You:
10.1.1. fail to pay Fees when due;
10.1.2. act in an aggressive, bullying, offensive, threatening, or harassing manner towards any employee of Hydro University, any teacher or lecturer who provides in-person Classes or any student who attends any in-person Class;
10.1.3. steal or act in fraudulent or deceitful manner towards Us or our employees or any other students who may be on our premises or attending our in-person Classes;
10.1.4. breach of Section 8 Intellectual Property and Grant of License; or
10.1.5. are otherwise in breach of these terms and conditions.
10.2. On termination Sections 8 (Intellectual Property and Grant of License), 9 (Confidentiality) and 11 (Liability) shall continue notwithstanding such termination.
11. Liability
11.1. Although Hydro University aims to provide the Services to the highest standards of the industry, without error, defects, malfunctions, or corruptions, neither it, nor its trainers accept any liability for
11.1.1. any inaccuracy or misleading information provided in the Class Materials and any reliance by You on any such information, or
11.1.2. for any damage to or loss of data on Your computer system, network or server that results from the download or use of the Services or any materials made available via the Website.
11.2. Except to the extent that they are expressly set out in these terms and conditions, no conditions, warranties or other terms shall apply to the Services and no implied conditions, warranties or other terms apply to the Services (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description).
11.3. The Services may provide links to third-party websites from time to time. We are not responsible in any way for the content of any third-party website or for goods or services provided by the operators of such websites.
11.4. Subject to Section 11.5 below, Hydro University's total liability arising from or in connection with these terms and conditions and in relation to anything which We may have done or not done in connection with these terms and conditions and the delivery of the Service (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Fees received by Us in connection with the relevant Class in relation to which a dispute has arisen.
11.5. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, PROFITS OR REVENUES. THE MAXIMUM LIABILITY OF HEREUNDER SHALL NOT EXCEED ONE HUDRED PERCENT (100%) OF THE CONTRACT PRICE, EXCEPT FOR CLAIMS RESULTING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
11.6. No claim may be brought more than six months after the last date on which the Services concerned have finished or ceased to be provided by Us.
12. Entire Agreement
12.1. These terms and conditions, together with the Privacy Policy and Class Specific Terms and Conditions are the entire agreement between the parties and supersede any prior agreements and arrangements, whether written or oral. You confirm that You have not relied on any representations in entering into these and any other terms and conditions with Us. Nothing in this Section or these Terms shall limit liability for any fraudulent misrepresentation.
13. Force Majeure
13.1. Hydro University shall not be liable to You for any breach of its obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes, delay caused by transport disputes, failure to provide a Class caused by a death in the trainer’s family, illness of the trainer, Government edict or regulation.
14. Law and Jurisdiction
14.1. The Terms herein shall be governed by the laws of the State of Illinois without reference to its conflict of law provisions. The parties hereby submit to the exclusive jurisdiction of, and venue in, the state and federal courts of Cook County, Illinois, for all litigation that may brought in connection with said transaction.
