Terms Of Use

PLEASE READ CAREFULLY. BY ACCESSING THE SITE AND USING THE INFORMATION, APPLICATION, AND FEATURES IT CONTAINS, YOU AGREE TO THESE TERMS OF USE.

These Terms of Use ("Terms" and/or “Agreement”) constitute a legally binding contract between you and Your Training Place, LLC doing business as Body Art Training Group ("YTP", "us", "we", "our"), and apply to your use of our website located at www.ECIPP.com (“the Site") and any other site expressly set forth herein and included in these Terms (if any). If you do not agree to be bound by the Terms, please do not use or further access the Site.  You and YTP may be referred to herein individually as a Party or collectively as the Parties.

1. PRIVACY POLICY.

We respect your right to privacy. A complete statement of our current privacy policy can be found here. The Privacy Policy pertains only to the Site and does not apply to any third party Sites or services.

2. AGE.

You affirm that you are at least 18 years of age and have the legal capacity to enter into this binding contract.  You further affirm that you agree, on behalf of yourself and/or any business entity for which you are utilizing the Site, to abide by these Terms, and you represent that you have the legal authority to do so.

3. EASY WIZARD^® APPLICATION AND LICENSE.

Upon registering for the Site, you have the option to obtain a paid subscription to access and use the Easy Wizard^® software application ("the Application") which will allow you to create an Exposure Control and Infection Prevention Plan (ECIPP) for your business.

Your subscription, access, and use of the Application is governed by these Terms. 

4. ADDITIONAL SERVICES.

Additional services, such as a 30-minute consultation to review your completed ECIPP, training, and any other service offered in our sole discretion, may also be offered on the Site. Persons who fail to sign in to a virtual training session at least 10 minutes before the session begins will not be admitted to the session. There are no services and information offered other than those which are expressly set forth on the Site. The services and information offered may change, in our sole discretion and at any time, subject to these Terms.

5.  FEES AND REFUNDS.

All fees for any subscriptions, services, or products offered on the Site are as set forth on the Site at the time of purchase and may be modified from time to time at the sole discretion of YTP. Refunds for the Application are only offered if the request is made before an ECIPP is downloaded. 

There are no refunds for Shop Training Packages unless the Training Package is cancelled by YTP. You may, however, reschedule a Shop Training package if your request is made at least two days before the scheduled date. Dates for Shop Training Packages may be rescheduled no more than twice.

There are no refunds for the 30-minute consultation to review your completed ECIPP.

6. OWNERSHIP OF SITE.

YTP is the owner of the Site and owns and/or has license/authorization to use all Site content including but not limited to the Application, Documentation, and all other content, regardless (“Site Content”). YTP’s ownership includes any and all intellectual property rights, including copyright, trademark, trade secret, patent, and any other rights recognized in any jurisdiction around the world. For illustrative purposes only and not to limit the scope of Site Content, Site Content includes all materials on the Site or generated by the Site, whether in the form of text, audio, visual, photographs, graphical designs, art, software-driven operations, or otherwise. Nothing in this Agreement or your use of the Site shall transfer to you any title to or any proprietary/intellectual property right in or to the Site, Site Content, any related software, documents or information resulting from operations on the Site, or any updates or derivative works thereto, including but not limited to any copyrights, patent rights, trademarks, or other property rights embodied or used in connection therewith, except for the limited and temporary use rights expressly granted in this Agreement.  The Site Content is protected by the laws of the United States and international treaty provisions.  YOU MAY NOT USE, COPY, OR MODIFY THE SITE CONTENT OR ANY ASSOCIATED SOFTWARE, IN WHOLE OR IN PART, EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.

7. LICENSE GRANT.

In consideration for your payment in full of any applicable fees and your acceptance and compliance with the terms of this Agreement, YTP hereby grants to you a temporary, limited, non-exclusive, non-transferable (whether by assignment, sublicense, or otherwise) license for the term of this Agreement, to access and use the Application and any user's guides, specifications, and other related documentation available online (the "Documentation"), subject to the terms and conditions of this Agreement.  This license shall be restricted to use of the Application to produce ECIPP documentation for one commercial location. This license shall last for twelve (12) months from the date of your payment, after which the license to access the Application shall terminate. You may download the ECIPP document produced through use of the Application an unlimited number of times during the twelve (12) month term of the license.  YTP may provide updates to the Application from time-to-time. Said updates will be provided at the discretion of YTP. YTP may, in its sole discretion, determine to cease providing future updates at any time.

8. ADDITIONAL RESTRICTIONS.

To the maximum extent permitted by law, you shall not (a) modify, reverse engineer, decompile, disassemble, or attempt to derive the source code of the Site or Application; (b) rent, lease, loan, sell, sublicense, distribute, transmit, or otherwise transfer access to the Site or Application to any third party; (c) make any copy of or otherwise reproduce the Site or Application except for those copies necessarily made by the personal computing device and Internet browser that are running the Site or Application; or (d) disclose your login information to any third party or use the login information of any third party. You agree to take all reasonable steps to safeguard your login data for the Site so as to ensure that no unauthorized person will have access to it, and that no persons authorized to have access will make any unauthorized use. You shall promptly report to YTP any unauthorized use of the Site or Application of which you become aware and shall take such further steps as may reasonably be requested by YTP to prevent unauthorized use thereof. We shall not be liable for any losses or damages caused by the use of your account or password by someone else, whether or not you had knowledge of such use.  Further, you agree to be liable for any losses (including attorneys’ fees and legal costs) to us, our affiliates, officers, directors, shareholders, successors, assigns, employees, agents, consultants, and/or representatives caused by someone else’s use of your account or password.  You represent that you have accurately identified yourself when setting up your account on the Site and that you will maintain the accuracy of such information.  

The Site and Application are to be used solely by the party for whom registration was undertaken and may not be used by any other individuals or other third parties. You grant YTP the right to perform an audit, using IP Address identifiers, to determine if more than one user is accessing the Site or using the Application through your account. This audit will be limited to verification of your compliance with the terms of this Agreement.

9. YOUR OBLIGATIONS.

You shall be solely responsible for the following: (a) providing all hardware, operating systems, and communications capabilities required for use of the Site and Application, (b) providing and maintaining, at all times during the term of this Agreement, the Internet access necessary for your use of the Site and Application, (c) providing accurate information required to gain access to the Site and produce an ECIPP,  and (d) any other obligation set forth in this Agreement.

10. TERM AND TERMINATION.

You are bound by these Terms any time you access the Site.  

For subscriptions to the Application which require payment, the term of the License to use the Application begins when you make your payment and continues thereafter for 12 months. 

You may terminate this Agreement at any time by giving written notice to YTP. YTP may terminate the Application License and this Agreement at any time on written notice to you for material breach of this Agreement or failure to pay any amount due to YTP. 

Upon termination, whether by notice or after twelve months have expired, you will no longer have authorization or license to use your ECIPP.com account.  Upon expiration, you may continue your subscription for an additional fee.   Upon expiration, you may continue to use any ECIPP downloaded during the Term as allowed herein and under the same restrictions, but you understand that applicable government regulations may change after the termination date.  You also acknowledge that ECIPPs need to be reviewed and updated by the user whenever changes in tasks, procedures, or assignments create new occupational exposure to blood or other potentially infectious material (OPIM). The user can do this in the printed document by writing in any changes and dating and signing in the appendix. 

Any provision of the Agreement that must survive termination to be effective shall survive any termination.

11. VIOLATIONS.

Notwithstanding any other provision to the contrary, YTP reserves the right to demand destruction of any ECIPP in your possession or control upon a material breach of any of the Terms of this Agreement.  Further, we may, in our sole discretion, terminate your access to the Site or Application. We reserve the right to seek all remedies available by law and in equity for such breaches, including attorneys’ fees and costs.

12. LIMITED WARRANTY AND DISCLAIMERS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE, APPLICATION, AND ALL OTHER SERVICES AND SITE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND YTP MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIMS ANY AND ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY, AS WELL AS ANY WARRANTIES ALLEGED TO HAVE ARISEN FROM CUSTOM, USAGE, OR THE COURSE OF DEALING BETWEEN THE PARTIES. WITHOUT LIMITING THE GENERALITY AND SCOPE OF THE FOREGOING, YTP DOES NOT WARRANT THAT THE CONTENT CONTAINED IN THE SITE AND/OR APPLICATION WILL MEET YOUR REQUIREMENTS, BE ERROR FREE, OR CONFORM TO ALL LAWS, RULES, OR REGULATIONS, AND WE HAVE NO OBLIGATION TO INDEMNIFY OR DEFEND YOU AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS,  COMPLIANCE WITH ANY LAWS AND REGULATIONS, OR PHYSICAL INJURY TO ANY PERSON. WE DO NOT WARRANT THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. IN ADDITION, YTP DOES NOT WARRANT OR GUARANTEE THAT YOU WILL BE ABLE TO ACCESS THE SITE AND APPLICATION AT ALL TIMES. YOU UNDERSTAND AND ACKNOWLEDGE THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME, AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH YOUR ABILITY TO ACCESS THE SITE.

13. LIMITATION OF LIABILITY.

IN NO EVENT SHALL YTP BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE. IN NO EVENT SHALL YTP BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF DATA, LOST PROFITS, OR LOST BUSINESS OPPORTUNITIES, REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH DAMAGES ARE SOUGHT, AND EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY SHOULD YOU PREVAIL IN ANY LEGAL ACTION AGAINST US SHALL BE THE PRICE YOU PAID FOR A SUBSCRIPTION ON THE SITE. IF YOU HAVE NOT PURCHASED A SUBSCRIPTION, THE MAXIMUM LEGAL AWARD YOU MAY RECEIVE IF YOU ARE DETERMINED TO BE THE PREVAILING PARTY IN A CLAIM AGAINST US SHALL BE ONE HUNDRED DOLLARS ($100). AS SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. HOWEVER, YTP’S LIABILITY WILL ALWAYS BE LIMITED TO THE MAXIMUM EXTENT PERMISSIBLE.

14. INDEMNITY.

You agree to indemnify, defend, and hold harmless YTP, its successors, assigns, employees, officers, owners, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site and Application, your violation of these Terms, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. We will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

15. DUTY TO PROTECT PROPRIETARY INFORMATION.

Any ECIPP generated for your use contains YTP’s proprietary information and is to be used by you and any of your employees, independent contractors, or consultants only in connection with providing body art services to customers in accordance with these Terms and applicable regulations.   You may disclose portions of the ECIPP to health officials and any other necessary third parties. However, aside from such disclosures, you and those working with you shall protect the ECIPP from inadvertent and unnecessary disclosures to third parties to protect YTP from unauthorized use and copying of its proprietary information.  Accordingly, you shall destroy/delete any ECIPP you are no longer using.  The Parties agree that any violation of this paragraph would cause irreparable harm for which money damages are not sufficient.

16. NONCOMPETE.

You represent that you are accessing this Site in order to obtain information and services to help you provide body art services to consumers and not for the purpose of taking information to provide a service for body art professionals in competition with YTP. You hereby agree that for a period of two years after any access or use of the Site and/or the Application or any other information or services, that you will not engage, directly or indirectly, or assist any other person or business in competing with YTP to provide information and operational plans and/or procedures to body art professionals.

17. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS.

When accessing the Site, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site and Application is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, "Content") in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

18. THIRD PARTY SITES AND DATA SECURITY.

From time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) owned by third parties. You acknowledge and agree that we make no guarantees about, and assume no responsibility for, the accuracy, currency, security, content, or quality of this third party content. All data you supply is housed and secured on the third party site www.LearningCart.com (LeaningCart). Their security measures can be found at https://www.learningcart.com/content/Security.aspx. You hereby agree that YTP has no control over or responsibility for any data breaches or other events that occur at LearningCart or any other third party provider you may use in connection with our Site, Application, and/or services, regardless of whether you were directed by us to any such third-party services.

19. PROHIBITED USES.

YTP imposes certain restrictions on your permissible use of the Site. You are prohibited from violating or attempting to violate any security features of the Site and Application, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, "flooding," "spamming," "mail bombing," or "crashing;" (d) forging any TCP/IP packet header or any part of the header information in any e-mail; (e) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by YTP; or (f) automatically or manually scraping or copying the content from the Site or Application without our consent. Any violation may subject you to civil and/or criminal liability.

20. DISPUTE RESOLUTION, VENUE, WAIVER OF CLASS ACTIONS.

In the event of a dispute, the Parties agree to first attempt to resolve the dispute for 60 days with neither party taking any legal action (unless immediate action is needed to prevent irreparable harm that could result from the delay). The 60 day period does not begin until the Party with the claim provides written notice of the claim to the other Party.  No written notice is required to seek emergency relief to avoid irreparable harm.  The Parties are not required to hire a mediator but may agree to do so.  The parties irrevocably consent to the personal and exclusive jurisdiction of the state and federal courts located in Tampa, Florida.  This Agreement shall be governed solely by the laws of the state of Florida, without reference to any conflict of law rules. To the fullest extent allowable by law, class action lawsuits and any other proceeding where someone acts in a representative capacity are not allowed and both parties waive any such rights.  Further, combining individual proceedings without the consent of all parties is similarly not allowed and any such rights are hereby waived.

21. INDEPENDENT CONTRACTORS.

The parties hereto are independent contractors and neither party is the agent of the other or may bind the other in any manner.

22. FORCE MAJEURE.

No delay, default, or failure by either party shall constitute a breach of this Agreement if caused by force majeure.

23. ENTIRE AGREEMENT.

This Agreement sets forth the entire agreement of the parties and supersedes any and all prior or contemporaneous writings, negotiations, information, and discussions between the parties. The headings used are for convenience only and are not intended to alter the terms or be used to interpret the Terms.

24. COMMUNICATION AND NOTICES.

YTP may send notices to the contact information you provide in your account and you may send notices per the information we provide on the “Contact Us” page.  Further, when you register for an account with the Site, you consent to receive communications from us electronically. You agree that any such communication via email shall constitute proper written communication in compliance with any and all legal notice requirements.

25. SEVERABILITY; WAIVER.

If a court of competent jurisdiction finds any aspect of this Agreement to be unenforceable, the parties agree that the term shall be construed to the extent possible in accordance with how drafted, and all other terms will remain unaffected and in full force and effect. No party to these Terms will be deemed to have waived any of its rights pursuant to these Terms by the lapse of time or any statement of any kind other than an explicit written waiver by an authorized person.  No waiver will constitute a waiver of any prior or subsequent breach.

26. NO ASSIGNMENT.

You may not assign this Agreement or any of the rights granted by YTP hereunder, in whole or in part, without the prior written consent of YTP, and any attempt to do so shall be void. This Agreement is binding on and shall inure to the benefit of the parties and their respective successors and permitted assigns.

27. NO LICENSE.

Nothing contained herein should be understood as granting you a license to use any of the trademarks, service marks, or logos of YTP or of any third party.

28. UPDATES TO TERMS.

We may amend these Terms (including the Privacy Policy and Application License) from time to time in our sole discretion by posting an amended version on the Site.  If you have an account, we will notify you of the amendment by the email address you provided.  Your continued use of of the Site, the Application, and/or any additional services constitutes your acceptance of the Amendment.  This is the only manner in which these Terms may be amended.

29. CONFLICTS.

If there is any conflict between these Terms and any other documents, these Terms shall govern.

30. CONTACT.

If you have any questions regarding these Terms, please contact us via the Contact or Support pages on the Site.

Effective Date: September 10, 2024