Services. Labtopia agrees to provide the training identified in the course title and course description for the fees stated in the course pricing.
Compensation. For the training services rendered by Labtopia and its subcontractors, the Client shall pay to Labtopia the course fees outlined in the course description. Payment for the training services is due prior to accessing course content.
Postponement. The client will have access to paid course content for the designated amount of time listed in the course description. The postponement or the reschedule of access to the purchased content is on a case by case basis and is at the discretion of Labtopia.
Independent Contractor. The parties acknowledge that Labtopia is an independent contractor hereunder.
Confidentiality. Through the course of delivering the trainings, Labtopia, including its agents and subcontractors, may receive information from the client that is of a confidential nature. This information consists, without limitation, of intellectual property consisting of but not limited to business practices, technology, equipment, materials, construction, processes, methods and designs, confidential documentation, customers, price lists, marketing and strategic planning information. Labtopia agrees and warrants that it will not use any confidential information outside the scope of services performed on behalf of the client, and that it will protect and return to the Client all copies of confidential or secret information and any related materials in its possession, in any format including but not limited to electronic or hardcopy formats. Labtopia agrees and warrants that it will not disclose any secret or confidential information to a third party, or use the information for its own benefit in derogation of the Client.
Proprietary Rights to Training Content. All services provided under this agreement and all materials, products, inventions, works, and deliverables developed or prepared by Labtopia under this Agreement are the property of Labtopia and all title and interest therein shall vest in Labtopia. These rights include patent rights, copyright, derivative rights, trade secrets, and trademarks. All intellectual property owned by Client shall belong to Client.
Indemnity. The Client agrees to indemnify and hold Labtopia and their respective officers, directors, employees, subcontractors, servants or agents (collectively the “Indemnified Parties”) harmless from and against all costs, claims, losses, fines, penalties or demands of whatever nature, including injuries or damages to persons or property, which may arise out of or in any way relate to the training services or the carrying out of its duties pursuant to this Agreement, including but not limited to, reasonable attorneys’ fees. This section shall survive the term of this Agreement.
Warranties and Representatives. THE CLIENT ACKNOWLEDGES THAT LABTOPIA HAS NOT MADE ANY EXPRESS WARRANTIES OF ANY NATURE OR KIND WHATSOEVER CONCERNING THE TRAINING SERVICES PROVIDED BY LABTOPIA. LABTOPIA MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED CONCERNING THE QUALITY AND SCOPE OF ITS TRAINING SERVICES.
Interpretation. Terms of Use are made under and shall be governed, interpreted and construed in Accordance with the laws of the State of Texas.
