Help CenterWelcome to the swampschool.org (“Site”). Our mission is to provide the best wetland training on the planet. By visiting and using the Site, and the services which we provide through the Site (“Services”), you agree to accept these Terms of Use (“TOU”). Please read them carefully, and if you disagree with the TOU in any way, then do not use this Site or any of the Services which it provides. The Swamp School, LLC reserves the right to post changes to the TOU on this Site at any time. If we make any material changes to this TOU, we will post the updated TOU here, along with its effective date, and notify you by email or by means of a notice on the Site. If any TOU changes are not acceptable, you must stop your use of this Site.
The terms “Swamp School” and “we” hereinafter refer to The Swamp School LLC, a North Carolina Limited Liability Company. “User” or “you” refer to each visitor to this Site.
“Student” refers to any individual enrolled in any live or online course or program offered by Swamp School, whether the Service was purchased personally or on a student’s behalf.
“Services” refers to all educational content provided by Swamp School directly or indirectly through this site. Services include, but are not limited to certification programs; courses (either online on in-person); field workshops; or webinars.
If you purchase any Services offered through the Site, you may also be subject to additional terms and conditions applicable to the purchase and use of such Services. These terms and conditions are contained in the Consumer and Student Information Guide posted below.
The Site
We do not guarantee that access to or use of this Site or any Services will be uninterrupted or error free, and Swamp School shall not be liable for any feature not being accessible or for any unavailability of its Site and Services. The Site and its features may be expanded, limited or modified at any time by Swamp School to meet the needs of its Users, or for technical or other reasons, without advance notice or reason. We may also in our sole discretion, and at any time, discontinue providing, temporarily or permanently, any or all of the Site or Services, without notice. To access some of the content or features of the Site or its Services, you may need to enhance or update the hardware or software in your computer systems. Swamp School has no responsibility for any failure to access the Site or any Services, partially or fully, whether due to your system, the Internet network or any other cause.
Third Party Content
Swamp School does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Swamp School service or any hyperlinked website or service, and Swamp School will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
If you are dissatisfied with the training material or this web site, or any portion thereof, your exclusive remedy will be to cease using the Site.
License to Use Site Content
We grant you a limited personal use license to access, display, download, format and print portions of this Site content solely for your own personal non-commercial use, provided that the content is not modified, and all proprietary notices are kept intact. You may not reproduce, publish, translate, merge, sell, rent, distribute the content, or create a derivative work of the content on any other website or as part of any educational, training or reference materials. You may not frame or utilize framing techniques to enclose any content on this Site.
Please note that, if you purchase Services, including courses, that purchase may be subject to specific license rights provided for in the Consumer and Student Guide posted below.
Minors
We do not provide information or Services to minors, and if you are under 18, and at least 13 years of age, you may only use this Site and Services with the active involvement of a parent, guardian or other supervising adult. You may not use this Site if you are under 13 years of age.
No Legal Advice
Site content and Services are intended for general educational purposes. Nothing contained on the Site or Services shall be deemed to constitute legal, engineering or other professional advice.
Proprietary Rights
The Site and its content are protected by copyright, trademark, and other proprietary laws. See our Copyright Notice.
DISCLAIMER OF WARRANTIES
The Site and Service are to the maximum extent permitted by applicable law, provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from The Swamp School, LLC or through the service will create any warranty not expressly stated herein. Without limiting the foregoing, Swamp School, and its licensors do not warrant that the content is accurate, reliable or correct; that the service will meet your requirements; that the service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the service.
EXCLUSION OF CONSEQUENTIAL DAMAGES
To the maximum extent permitted by applicable law, in no event shall Swamp School, its affiliates, agents, directors, employees, suppliers or licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, this service.
Under no circumstances will Swamp School be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the service or your account or the information contained therein.
To the maximum extent permitted by applicable law, Swamp School assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; and/or (vii) user content or the defamatory, offensive, or illegal conduct of any third party. In no event shall Swamp School, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to Swamp School hereunder.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if The Swamp School, LLC has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
EXCLUSION OF LIMITATIONS AND DISCLAIMERS
BECAUSE SOME JURISDICTIONS, SUCH AS NEW JERSEY, RESTRICT OR DO NOT ALLOW THE DISCLAIMER OF WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, Swamp school’s LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Assignment
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Swamp School without restriction and without notice to you. Any attempted transfer or assignment in violation hereof shall be null and void.
Governing Law
Governing Law. You agree that: (i) the Site and Services shall be deemed solely based in North Carolina; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over The Swamp School, LLC, either specific or general, in jurisdictions other than North Carolina. This Agreement shall be governed by the internal substantive laws of the State of North Carolina, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
Jurisdiction
You agree to submit to the personal jurisdiction of a state court located in Wake County, North Carolina or the United States District Court for the Eastern District of North Carolina for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below.
Alternate Dispute Resolution
In the unlikely event that Swamp School has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any Swamp School claim for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, Claims), by binding arbitration by the American Arbitration Association (AAA), or any other alternative dispute resolution service mutually agreed upon by the parties, in the city of Raleigh, North Carolina under the commercial rules then in effect for the AAA, except as provided herein. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorney’s fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing The Swamp School, LLC from seeking injunctive or other equitable relief from the courts as necessary to protect any of The Swamp School, LLCs proprietary interests. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND THE SWAMP SCHOOL, LLC ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Notices
Swamp School may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Swamp School in our sole discretion. Swamp School reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Swamp School is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We recommend that you add support@swampschool.org to your email address book to help ensure you receive email notifications from us.
Entire Agreement/Severability
These TOU, together with any amendments and any additional agreements you may enter into with Swamp School in connection with any Services, shall constitute the entire agreement between you and Swamp School. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
No Waiver
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and The Swamp School, LLC’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.