Terms & Policies
Terms of Use
Effective date: August 31st, 2020
Please read these terms of use carefully before using this website. By using this website, you signify your consent to these terms of use. If you do not agree to these Terms of Use, please do not use the website.
Your access to and use of this website, as well as all related websites operated by Center for Metal Arts Inc. (which includes https://centerformetalarts.org, centerformetalarts.org, https://www.centerformetalartsonlineclassroom.org/, centerformetalartsonlineclassroom.org/, among others) (collectively the “Site”) is subject to the following terms and conditions (“Terms of Use”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Use and acknowledge that any other agreements between you and the Site are superseded and of no force or effect.
1. You agree that the Site itself, as well as all content, videos, training materials, products, services and/or other materials, made available on the Site by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are maintained for your personal use and information by Center for Metal Arts Inc., (the “Company”) and are the property of the Company and/or its third party providers. You agree that such Company Content shall include all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Site, excluding only the materials you provide. Subject to your compliance with these Terms of Use, the Company hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Site solely for your personal purposes. No Company Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Company. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of the Company, as well as other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the content of the Site or any Content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of the Company.
2. Once content has been purchased you will have permission to access this content without expiration. This content is for personal, non-commercial transitory viewing only of the purchaser and should not be used by any other person. The act of purchasing the content is a grant of license, not a transfer of license or ownership. All content is owned solely by Center for Metal Arts Inc. Under this granted license you may not modify or copy the materials, use the materials for any commercial purpose, or for any public display (commercial or non-commercial), attempt to decompile or reverse engineer any software contained on Company's web site, remove any copyright or other proprietary notations from the materials, transfer the materials to another person or 'mirror' the materials on any other server, or/and allow another viewer to view the content without the permission of Center for Metal Arts. If found that any of the above circumstances have occurred, the granted license will be revoked without notification or refund. Upon revoking or upon the termination of the granted license, you must destroy any copies of content that was created. Legal action may be taken if you are found to have broken this agreement.
3. All Content, such as text, data, graphics files, videos and sound files, and other materials contained in the Site, are copyrighted unless otherwise noted and are the property of the Company and/or a supplier to the Company. No such materials may be used except as provided in these Terms of Use. The materials contained in this website are protected by applicable copyright and trademark law.
4. All trade names, logos, images and biographical information of people used in the Company Content and contained in the Site, including without limitation the name and logo “Center for Metal Arts Inc.”, are either the property of, or used with permission by, the Company. The use of Content by you is strictly prohibited unless specifically permitted by these Terms of Use. Any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of the Company and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes.
5. While the Company uses reasonable efforts to include accurate and up-to-date information in the Site, the Company makes no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the content of the Site.
6. When you create an account with the Company and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company. You consent to receive notices electronically by way of transmitting the notice to you by email.
7. If you send comments or suggestions about the Site to the Company, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
8. The Company shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However, no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.
9. The Company will not intentionally disclose any personally identifying information about you to third parties, except where the Company, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Use. By using the Site, you signify your acceptance of the Company’s Privacy Policy, https://www.centerformetalartsonlineclassroom.org/policy-page . If you do not agree with this Privacy Policy, in whole or part, please do not use this Site.
10. You agree to indemnify and hold the Company and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that the Company may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. The Company reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.
11. Governing Law. Any claim relating to Company's web site shall be governed by the laws of the State of Pennsylvania without regard to its conflict of law provisions.
12. The provisions of these Terms of Use are for the benefit of the Company, its subsidiaries, affiliates and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
13. These Terms of Use may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use to which you are bound.
How to Contact Us
If you have any questions or concerns regarding our Terms of Use Agreement related to our website, please feel free to contact us at the following email address, telephone number or mailing address.
Email: [email protected]
Telephone Number: 814-418-0409
Mailing Address:
Center for Metal Arts
106 Iron Street
Johnstown, PA 15906
08/31/2020
Disclaimer
Effective date: August 31st, 2020
The information provided by Center for Metal Arts Inc. (“CMA”,“we,” “us” “our” or the “Company”) including but not limited to this disclaimer, the Terms of Use and Privacy Policy, governs your access to and use of https://www.centerformetalartsonlineclassroom.org/ (the “Site” or “Website”) including any content, functionality and services offered on or through the site, whether as a guest or a registered user. The information provided on the site is for general informational purposes only. All information on the site is provided in good faith, however we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability or completeness of any information on the Site. Under no circumstance shall we have any liability to you for any loss or damage of any kind incurred as a result of the use of the site or reliance on any information provided on the site. Your use of the site and your reliance on any information on the site is solely at your own risk. Please read the Disclaimer carefully before you start to use the Website. By using the website you accept and agree to be bound and abide by the Disclaimer. If you do not want to agree to the Privacy Policy, you must not access or use the Website.
Professional Disclaimer. The information provided on this Website and the resources available for download through this website is not intended as, and shall not be understood or construed as, professional advice and is for educational purposes only. While the employees and/or owners of the Company are professionals and the information provided on this Website relates to issues within the Company’s area of professionalism, the information contained on this Website is not a substitute for advice from a professional who is aware of the facts and circumstances of your individual situation. The use or reliance of any information contained on this site is solely at your own risk. Neither the Company nor any of its employees or owners shall be held liable or responsible for any errors or omissions on this website or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.
User's Personal Responsibility. By using this Website, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on this Website or the resources available for download from this Website. You agree to use judgment and conduct due diligence before taking any action or implementing any plan or policy suggested or recommended on this Website.
Testimonials Disclaimer. The Site may contain testimonials by users of our products and/or services. These testimonials reflect the real-life experiences and opinions of such users. However, the experiences are personal to those particular users, and may not necessarily be representative of all users of our products and/or services. We do not claim, and you should not assume, that all users will have the same experiences. Your individual results may vary.
The testimonials on the Site are submitted in various forms such as text, audio and/or video, and are reviewed by us before being posted. They appear on the Site verbatim as given by the users, except for the correction of grammar or typing errors. Some testimonials may have been shortened for the sake of brevity where the full testimonial contained extraneous information not relevant to the general public.
The views and opinions contained in the testimonials belong solely to the individual user and do not reflect our views and opinions. We are not affiliated with users who provide testimonials, and users are not paid or otherwise compensated for their testimonials.
No Guarantees. You agree that the Company has not made any guarantees about the results of taking any action, whether recommended on this Website or not. The Company provides educational and informational resources that are intended to help users of this website learn a certain blacksmithing skill. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients or customers of the Company or otherwise – applying the principles set out in this Website are no guarantee that you or any other person or entity will be able to obtain similar results.
No Warranties. The company makes no warranties regarding the performance or operation of this website. The company further makes no representations or warranties of any kind, express or implied, as to the information, contents, materials, documents, programs, products, books, or services included on or through this website. To the fullest extent permissible under the law, the company disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.
Limitation of Liability. You agree to absolve the company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the information contained on this website and/or the resources you may download from this website. You agree that the company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of this website.
The information, software, products, and services included in or available through the website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. The company and/or its suppliers may make improvements and/or changes in the website at any time.
The company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. The company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
To the maximum extent permitted by applicable law, in no event shall the company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the website, with the delay or inability to use the website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise, even if the company or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the website.
Duration of Agreement. Once confirmed, we will provide you access to the purchased Service. You agree and understand that access to the Service may at times be influenced and affected by third parties that we use to provide the Service (web hosting, membership site plugins, etc.). You agree and understand that no breach of contract action may be initiated against Center for Metal Arts Inc. when there are reasonable delays in the access of the Service.
Termination. The Company reserves the right, in its sole discretion, to terminate your access to the Center for Metal Arts Online Classroom, its Website(s), Program(s), Courses and related services or any portion thereof at any time, with or without prior notice to you, if You become disruptive to the Company or other Program participants, if You fail to follow the Program guidelines, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.
Indemnification. You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Program and related services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.
Resolution of Disputes. You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to Center for Metal Arts Inc., its Website(s), Program(s), Courses and related services. To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only in the state or federal courts that are geographically nearest to Johnstown, PA.
How to Contact Us
If you have any questions or concerns regarding our Disclaimer Agreement related to our website, please feel free to contact us at the following email address, telephone number or mailing address.
Email: [email protected]
Telephone Number: 814-418-0409
Mailing Address:
Center for Metal Arts
106 Iron Street
Johnstown, PA 15906
08/31/2020
Privacy Policy
Effective date: August 31st, 2020
Thank you for visiting Center for Metal Arts, Inc (“CMA”, “we,” “our”, or “us”) online workshop’s website. When signing up for a workshop or purchasing a workshop as gift, we will request personal identifiable information including your name, address, phone number, and email address. This information is only used by Center for Metal Arts and will not be sold, rented or given to any third parties. This information is used solely to contact the student in regard to the workshop they purchased. Center for Metal Arts is dedicated to protecting the privacy and information it collects from our community.
Collection and Use of Information
Our website collects different types of information, such as:
- Voluntarily provided information which may include your name, address, email address, billing and/or credit card information, etc., which may be used when you purchase products and/or workshops and to deliver the workshops you have requested.
- Information automatically collected when visiting our website, which may include cookies*, third party tracking technologies and server logs.
* Please see our Cookie and Google Analytics Statements
Please rest assured that this site shall only collect personal information that you knowingly and willingly provide by way of forms, completed registration forms, and emails. It is the intent of this site to use personal information only for the purpose for which it was requested, and any additional uses specifically provided on this site.
Center for Metal Arts may disclose your personal information, without prior notice to you, only if required to do so in accordance with applicable laws and/or in a good faith belief that such action is deemed necessary or is required in an effort to:
- Remain in conformance with any decrees, laws and/or statutes or in an effort to comply with any process which may be served upon CMA and/or our website;
- Maintain, safeguard and/or preserve all the rights and/or property of CMA’s; and
- Perform under demanding conditions in an effort to safeguard the personal safety of users of https://centerformetalarts.mykajabi.com and/or the general public.
Cookie Statement. Cookies and similar technologies within a web browser allow persistent storage of data as you navigate a website. This functionality does not personally identify users, although it does allow the web server to differentiate one user from another. Many websites use cookies and similar technologies to provide website and application features when a user visits the website, and most web browsers are set up to accept cookies. Center for Metal Arts uses cookies to allow our Site to function and improve delivery of your online experience. Some features allow data to remain only for the time that your browser is open, for example a session cookie. A persistent cookie is an example of functionality that your browser provides that allows the data to persist on your device/computer even after the browser is closed. Like many other organizations with websites, Center for Metal Arts Inc. may use both types of functionality your browser provides.
Center for Metal Arts uses Cookie Info Script to make our visitors aware that our site uses cookies as a way to be as transparent as possible to our visitors. Cookie Info Script's statement on their service follows.
Cookie Info Script applications and data are hosted using third party hosting services provided by Amazon Web Services (AWS). AWS delivers an industry-leading network of state-of-the-art data centers located around the world, including in the United States of America and Australia. Like Cookie Info Script, helping to protect the confidentiality, integrity, and availability of customer data is of the utmost importance to AWS, as is maintaining customer trust and confidence. AWS are certified to the US-EU Safe Harbor Principles and, in compliance with the US-EU Safe Harbor Onward Transfer Principles, act as our agent with regard to data privacy. For more details of AWS's privacy and security processes, please visit http://aws.amazon.com/privacy/ and http://aws.amazon.com/security/.
We use Cloudflare for static content distribution. This service allows the Website to distribute content using servers located across different countries and to optimize performance. Which anonymous data is processed depends on the characteristics and the way Cloudflare is implemented. Their function is to filter communications between the Website and the User’s browser. Considering the widespread distribution of this system, it is difficult to determine the locations to which the contents that may contain anonymous user information are transferred. For more information on CloudFlare, please visit their website: https://www.cloudflare.com/security-policy.
Google Analytics Statement. We use Google Analytics to better understand and personalize your use of the Services. Google Analytics collects information such as: browser, operating system, gender, age, device category, mobile device information, country, user type, service provider, what website the user used prior to coming to our Site, number of users, new users, sessions, average session duration, average pages accessed per session and user bounce rate. To process analytics data when you visit our Site, Google Analytics may use various technologies including cookies to identify your browser and computer device. Google does not receive your user account information, email address, or other personally identifiable information from us through the use of Google Analytics.
Links to Other Websites. Our website does contain links to other websites that are affiliated with CMA or our instructors. We do not claim nor accept responsibility for any privacy policies, practices and/or procedures of other such websites. We encourage all users and visitors to read the privacy statements of each and every website that collects personally identifiable information. The aforementioned Privacy Policy Agreement applies only and solely to the information collected by Center for Metal Arts website.
Security. Center for Metal Arts takes precaution to maintain adequate physical, procedural and technical security with respect to our offices and information storage facilities so as to prevent any loss, misuse, unauthorized access, disclosure or modification of the user’s personal information under our control.
The company also uses Secure Socket Layer (SSL) for authentication and private communications in an effort to build users’ trust and confidence in the internet and website use by providing simple and secure access and communication of credit card and personal information.
Changes to Our Privacy Policy Agreement. Center for Metal Arts reserves the right to update and/or change the terms of our privacy policy, and as such we will post those changes to our website so that our users and/or visitors are always aware of the type of information we collect, how it will be used, and under what circumstances, if any, we may disclose such information.
Acceptance of Terms. Through the use of this website, you are hereby accepting the terms and conditions set forth within the aforementioned Privacy Policy Agreement. If you are not in agreement with our terms and conditions, then you should refrain from further use of our sites. In addition, your continued use of our website following the posting of any updates or changes to our terms and conditions shall mean that you are in agreement and acceptance of such changes.
How to Contact Us
If you have any questions or concerns regarding our Privacy Policy Agreement related to our website, please feel free to contact us at the following email address, telephone number or mailing address.
Email: [email protected]
Telephone Number: 814-418-0409
Mailing Address:
Center for Metal Arts
106 Iron Street
Johnstown, PA 15906
08/31/2020
Refund Policy
Effective date: August 31st, 2020
Center for Metal Arts does not permit refunds for online workshops. If you should have technical difficulties viewing the workshop you purchased, please contact us.
