Online Training Purchasing Agreement
By accessing or using the Online General Training Website at www.mitchlawtraining.com, Purchaser agrees to be bound by all of the terms and conditions of this Agreement.
Disclaimer: General Training Only: Purchaser understands and agrees that the Online General Training (located at www.mitchlawtraining.com) should not be relied upon or construed as legal advice. Employees, employers, individuals, or participants with individual legal questions (situations may vary) should seek legal advice from an attorney of their choice.
Indemnity Clause: Purchaser agrees to protect, indemnify and hold harmless Minnichka, LLC, (doing business as Mitchell Consulting) from and against any and all claims, demands and/or causes of action, including attorney fees, of any nature that may arise from the use of its Online General Training (located at www.mitchlawtraining.com) by Purchaser or any individuals or entities that purchaser assigned, transferred or provided access to the Online General Training located at www.mitchlawtraining.com).
Damages: Minnichka, LLC will not be liable to Purchaser or their assigns for any damages of any kind arising from the use of its Online Training (www.mitchlawtraining.com), including, but not limited to, direct, indirect, incidental, consequential and punitive damages, court costs, attorney fees or other damages. Purchaser or their assigns expressly agree that use of the Online General Training (located at www.mitchlawtraining.com) is at their sole risk. In the event that any portion of this paragraph is unenforceable, then Minnichka, LLC’s liability/Purchaser’s or their assigns’ Damages shall be limited to not more than the total purchase price paid by Purchaser to purchase Online Training (www.mitchlawtraining) from Minnichka, LLC.
Governing Law/Venue (A): This online purchasing agreement shall in all respects be governed by the laws of the State of California, as applied to agreements to be performed entirely within said state by residents thereof. Purchaser and Minnichka, LLC stipulate that the venue for all disputes and any claims related to this agreement will be Santa Clara County Superior Court.
Amendments: Minnichka, LLC may modify/amend this Agreement at any time, and Purchaser agrees that such modifications/amendments will be effective immediately upon posting of the modified Agreement. Purchaser agrees that by using our Online Training Website (located at mitchlawtraining.com) after any such modifications, Purchaser will be deemed to have reviewed, agreed to and accepted the modified Online Training Purchasing Agreement. Minnichka, LLC will provide notice of modification of this agreement to Purchaser in accordance with applicable law, which may be accomplished by posting such change on our Online Training Ordering page located at https://mitchlaw.com/terms-and-conditions/
Expiration: Purchaser understands and agrees that all Online General Training purchased from Minnichka, LLC (located at www.mitchlawtraining.com) expires one year from the date of purchase.
Entire Agreement: Severability; No Waiver (B). This Agreement is the entire agreement between Purchaser and Minnichka, LLC supersedes any other prior agreements, proposals, communications or advertising, oral or written, with respect to the Product or to subject matter of this Agreement. Purchaser acknowledges that Purchases has read this Agreement, understands it and agrees to be bound by its terms. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, void, or unenforceable for any reason, in whole or in part, such provision will be more narrowly construed so that it becomes legal and enforceable, and the entire Agreement will not fail on account thereof and the balance of the Agreement will continue in full force and effect to the maximum extent permitted by law or equity while preserving, to the fullest extent possible, its original intent. No waiver of any provision or condition herein shall be valid unless in writing and signed by Purchaser and an authorized representative Minnichka, LLC provided that no waiver of any breach of any provisions of this Agreement will constitute a waiver of any prior, concurrent or subsequent breach. Minnichka, LLC’s failure to insist upon or enforce strict performance of any provision of this Agreement or any right shall not be construed as a waiver of any such provision or right.