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Terms and Conditions

PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS AS THIS WILL IDENTIFY YOUR OBLIGATIONS, REMEDIES, AND OTHER IMPORTANT INFORMATION AS TO LEGAL RIGHTS. THIS WILL ALSO

INCLUDE DESCRIPTIONS OF LIMITATIONS, EXCLUSIONS, JURISDICTION AND VENUES OF DISPUTES.

Welcome:

Let us first welcome you to Environmental Consultants & Affiliates Network, LLC (“ECAN” ‘we’ ‘us’ or ‘our’), a Pennsylvania based corporation. Our corporate office is located at 17 West Water St, Muncy, PA 17756. ECAN is a membership, professional training, and report writing services company which provides member benefits, environmental and other educational courses, quality exams with certificates of successful training, and consulting/report writing assistance (the “Services”). The Terms and Conditions which are set forth are legal and binding terms and conditions applicable to all users of our site(s) or Service(s). Please read and understand the terms and conditions before purchasing or corresponding with ECAN. If you have questions or concerns, please contact us at 570-505-1172 so we may assist you in your endeavors.

Acceptance of the Terms and Conditions:

You understand and agree to the terms and conditions as provided hereafter by registering with Environmental Consultants & Affiliates Network (ECAN) and/or using the ECAN website, to include but not limited to, visiting or browsing the site(s). You agree to comply with all obligations, remedies, and understand you will be legally bound by these terms and conditions contained herein. If you are not in agreement with any or all of the items contained herein, you are not authorized to obtain any further information from ECAN materials or websites. By purchasing any items from ECAN, you acknowledge you have the authority to make such decisions, have agreed to the terms and conditions, and are legally bound as such.

Cancellations, Changes, & Adjustments for Live Training & Seminars:

If a registrant changes and/or cancels their seat eight (8) or more business days prior to the event, excluding holidays, a 25% administration fee will be retained from the purchase price by ECAN. If a registrant changes or cancels from the event within seven (7) business days prior to the event, excluding holidays, no refund will be given. However, in either instance ECAN will offer an alternative option to take an online/webinar (where available), home study, Ebook course or have a fixed credit amount to apply towards another ECAN event. If a registrant chooses to attend another event, ECAN has met their alternative option offering concluding the adjustment. In the event ECAN does not reach minimum required registrations, we reserve the right to postpone or cancel the event (5) days prior and offer an alternative option. In the event ECAN postpones or cancels a live training/Live webinar or seminar within three (3) days of the event we will offer an alternative option or refund 100% of the registration fee only. If a registrant does not attend an event for any reason, ECAN reserves the right to either offer an alternative option or retain 100% of the fee paid.

Cancellations, Changes, & Adjustments for Online Training, Live Webinar, Seminars & E-books:

All sales are final. Refunds are not provided for any online courses, seminars, webinars, or E-books.

Cancellations, Changes, & Adjustments for Home Study Materials:

Home study materials are typically sent within 5 business days of the order. A registrant will have a maximum of 72 hours to cancel or return the home study materials for a refund in which ECAN will retain a 20% administration and restocking fee. However, if a home study has been sent to the registrant within the 72 hours of purchase and the registrant has called, followed by an email/fax of the request for a refund within the 72 hours, the item must be returned to ECAN unopened, undamaged and in its original packing within five (5) business days of receipt, at the registrant’s expense for a full refund. If it is determined the materials have been opened or are not returned within ten days of ECAN’s shipping receipt, no refund will be given.

Specials, Promotional Sales, Early Bird Registration, Time Sensitive Offers:

ECAN reserves the right to perform, at will, specials and other offers to increase registrations. If a registrant has paid a fee and receives marketing materials that states a difference in price, ECAN is not obligated to refund the difference of the price.

Membership, Shipping Fees & Deposits:

All membership, shipping fees and deposits are non-refundable.

Equipment and Supplies:

Any equipment or supply orders placed after 1:00 pm EST are classified as next business day transaction, excluding holidays and weekends. An entity purchasing equipment and/or supplies will have 72 hours to request a refund via email/fax in which ECAN reserves the right to retain 5% of the purchase price for administrative cost. Post 72 hour contact will result in no refund. If a refund request for an equipment order is done by phone, the request must be followed with an email or fax stating the same. Equipment and supplies have a typical 2-4 week delivery time frame, where applicable. Some equipment may take longer. ECAN has no control over product availability, shipping, or other items that are set forth by its suppliers.

Travel Arrangements:

If a registrant is making travel arrangements to attend a training or seminar more than five (5) business days prior to an event, it is the registrant’s obligation to contact ECAN to ensure the event has reached the minimum required registrations. ECAN assumes no liability or obligations for cost incurred/lost by the registrant (i.e. airfare, hotel, work, etc) for their travel arrangements.

Shipping:

Typical methods of shipping for ECAN materials will be USPS – 2 business days, excluding Sunday and holidays. If other shipping methods are required, it is the obligation of the purchaser to inform ECAN via email/phone and at the sole cost of the purchaser. ECAN has no control over product shipping provided by its suppliers.

Refunds & Payment:

It is the obligation of the authorized purchaser to inform ECAN of a refund by either or combination of

email: info@ECANLLC.com, or phone: 570-505-1172. If the authorized purchaser utilizes a phone option, you must also supply the request via email, fax, or letter. If you do not provide the reason for the request in writing, you will waive your right of the refund request. Once supplied with the request, you will receive confirmation from ECAN via email and/or fax that we have received the request. The request will be reviewed by management and a response detailing the decision will be provided via email or fax only, within five (5) business days excluding holidays and weekends. At no point will ECAN state the decision by verbal communication or authorization. When a refund is issued, a check will be mailed to the authorized purchaser at the address provided on the registration within 10 business days of the decision.

Governing Law:

You and ECAN agree that any cause of action arising out of or related to these Terms or the Service must commence within three (3) months after the cause of action arose; otherwise, such cause of action is permanently barred.

These Terms will be interpreted in accordance with the laws of the State of Pennsylvania and the United States of America, without regard to its conflict of law provisions. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in Lycoming County, Williamsport, PA and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If you are accepting these Terms on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these Terms and any action

related thereto will be will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Pennsylvania (excluding choice of law).

Miscellaneous:

We will not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). These Terms are personal to you, and are not assignable, transferable or sub-licensable by you except with ECAN’s prior written consent. ECAN may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect.

Disclaimers:

YOU EXPRESSLY AGREE THAT USE OF THE SITE, SERVICES, AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. THE SERVICES AND ANY CONTENT (IF APPLICABLE) PROVIDED THEREIN ARE PROVIDED “AS IS”, “AS AVAILABLE” AND ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, TO THE EXTENT PERMISSIBLE BY LAW.

ECAN, AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, AND PARTNERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES AND CONTENT IS SOLELY AT YOUR OWN RISK. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL LIABILITY OF ECAN, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS AND SUPPLIERS HOWSOEVER ARISING FOR ANY LOSS SUFFERED AS A RESULT OF YOUR USE THE SERVICES IS EXPRESSLY EXCLUDED, SAVE THAT, IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT LIABILITY OF ECAN, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS (AS APPLICABLE) HAS ARISEN, THE TOTAL OF SUCH LIABILITY SHALL BE LIMITED TO THE LESSER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO ECAN IN CONNECTION WITH THE SERVICES IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE OR LIABILITY OR (ii) IN AGGREGATE TO ONE HUNDRED US DOLLARS ($100.00).

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ECAN, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS (AS APPLICABLE), BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY OR OTHERWISE (AND WHETHER OR NOT ECAN, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HAD PRIOR KNOWLEDGE OF THE CIRCUMSTANCES GIVING RISE TO SUCH LOSS OR DAMAGE) WITH RESPECT TO THE SITE AND SERVICE:

• INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES;
• LOSS OF ACTUAL OR ANTICIPATED PROFITS;
• LOSS OF REVENUE;
• LOSS OF GOODWILL;
• LOSS OF DATA;
• LOSS OF ANTICIPATED SAVINGS;
• WASTED EXPENDITURE; OR
• COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES.

NOTHING IN THESE TERMS SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, CHARITY FOOTPRINTS’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Indemnification:

You agree to defend, indemnify and hold ECAN, and its affiliates, and each of its and their respective officers, directors, agents, co-branders, other partners, and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys’ and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise), or investigation made by any third party (each a “Claim”) due to or arising out of: your participation in a ECAN course or workshop or skill learned or explained in a ECAN course or workshop; the courses listed on this Site; your violation of the Terms or this Privacy Policy; your negligence with regards to any procedure taught or explained in ECAN workshop; any and all EPA-levied fines or other penalties related to your own actions; and/or your violation of any rights of another. ECAN shall provide notice to you of any such Claim, provided that the failure or delay by ECAN in providing such notice shall not limit your obligations hereunder. ECAN reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section, and in such case, you agree to cooperate with all reasonable requests in assisting ECAN’s defense of such matter.