Terms & Conditions
LCMS: EWN will provide access to the EWN cloud-based Learning and Content Management System and database services that provides authorized users with permission based access to perform online training and testing activities, organize, assign and manage training and evaluation requirements for individuals, manage individual user profiles and permissions, and access to comprehensive record keeping and reporting functions.
OQ: For Companies subscribing to EWN’s OQ content library, EWN will provide unlimited access for each subscribed member to the full EWN library of existing and new standardized training and evaluation content related to Operator Qualification (approximately 300 computer based training courses with evaluations).
OSHA: For Companies subscribing to EWN’s OSHA content library, EWN will provide access for each subscribed member to the full EWN library of existing and new standardized training and evaluation content related to OSHA (approximately 70 computer based training courses with evaluations).
Term: The term of this agreement (the “term”) will begin on the date of this Agreement and will remain in full force and effect for twelve (12) months. The Term of this Agreement may be extended with the consent of the Parties.
Payment: Payment is due upon execution of this agreement. Payment obligations are non-cancellable and fees paid are non-refundable.
Access: Fees rendered are for access to EWN’s LCMS system and not actual usage. System will be made available for use via world wide web, except during scheduled upgrade and maintenance service windows which are typically scheduled during late night hours and/or on weekends. Companies subscribing to OQ and/or OSHA content library who fail to utilize content or system features during the subscription term will not be entitled to a refund.
New or Additional Services: If Company orders new or additional Services/Products, (e.g. additional users, eCARDS), Service Provider shall invoice Company at the time of the authorized new or additional service order and prior to the provision of those said Services. Support: EWN offers unlimited phone and email support. Support is available from 7:00 a.m. to 5:30 p.m. Central Time on Monday through Friday, except Nationally recognized holidays. EWN Support may be reached toll free at 855-396-5267 or by email at email@example.com.
Copyright & Limitations on Use of Material: The Material is protected by United States and international copyright laws, ALL RIGHTS RESERVED. As between Company and EWN, the Material is owned by EWN, a Texas Corporation, and/or is licensed to ENERGY worldnet, Inc. by the original copyright holder (collectively referred to hereinafter as “we”, “us” and “our”). You may use the Material only for the limited purposes of training and evaluating your employees and/or developing and implementing safety programs for your organization. Any other use of the Material, including without limitation, any transfer or attempted transfer of the Material, or rights in the same, to any third-party, without our express prior written permission, is strictly prohibited. You may not publicly display any material or permit any third party under your control to do so. Any public display of the Material could cause us irreparable harm, and is a material breach of these Terms. You therefore consent to the immediate issuance of an injunction, without the requirement that we post a bond or undertaking, requiring you to remove any and all Material from public display. If you publish the material on any electronic database or internal website, access to such database or internal website shall be restricted to those persons who have explicitly agreed in writing to be bound by these Terms. You may not use the Material for any purpose that is unlawful or illegal. Notwithstanding any provision to the contrary contained herein, the Company will have no ownership interest in any background or other underlying proprietary information of EWN.
Disclaimer of Warranty: EWN, its principles and partners, makes no warranty or representation of any kind or character that products and services provided to Company pursuant to this Agreement including, without limitation, deliverable, will be accepted by an oil and gas operator and/or satisfy any known or anticipated state or United States Government requirement, or any other governmental rule, regulation or requirement. Company has the responsibility to ensure the appropriateness of use of the Material for their operations. The Company expressly agrees that Materials are provided “as is” and “as available” and that use of the Material is at its sole discretion and risk.
Limitation of Liability: In no event shall EWN’s total liability to you for all damages (except as required by applicable law) exceed the lesser amount actually paid by you to EWN during the preceding twelve months or of the current service period prior to the incident. The above limitation will apply whether an action is in contract, strict liability or tort and regardless of the theory of liability. However, the above limitation will not limit Client’s payment obligation.
Changes to Agreement: EWN reserves the right to update, revise, supplement, and otherwise modify these Terms and Conditions from time to time. Any such changes will be effective immediately and incorporated into this Agreement. Users are encouraged to review the most current version of the Terms and Conditions posted on EWN’s website on a periodic basis for changes. Your continued use of the platform following the posting of any changes constitutes your acceptance of those changes.
Governing Law; Venue: This Agreement will be governed by Laws of the State of Texas, without regard to its conflicts of law rules. Any dispute or proceeding between the Parties arising out of this Agreement must be commenced and maintained exclusively in the state or federal courts having jurisdiction over Tarrant County, Texas, and each Party submits itself unconditionally and irrevocably to the personal jurisdiction of such courts. EACH PARTY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY SUIT, ACTION, CLAIM OR PROCEEDING RELATING TO THE AGREEMENT.