Terms of Use

Terms of Use

Welcome to cGMP Academy.

Please read carefully! These Terms of Use set forth important details about your relationship with cGMP Academy, including the rights you grant to cGMP Academy, restrictions on how you can use this web site, and cGMP Academy’s liability in the event something goes wrong.

This web site, cGMPAcademy.com (the “cGMP Academy Site”) is owned and operated by CGMP ACADEMY, LLC , a California limited liability company (“cGMP Academy,” “We” or “Us”). By accessing, using, registering for, or using any services from the cGMP Academy Site, you agree to (1) be bound by these Terms of Use (the “Terms”) and (2) cGMP Academy’s Privacy Policy, found at https://cgmpacademy.com/privacy/ and incorporated herein by reference. All visitors to and users of any aspects of the cGMP Academy Site (collectively, “Users”) are bound by these Terms. cGMP Academy reserves the right to modify the Terms at any time without prior notice to you. Therefore, cGMP Academy recommends that you read these Terms carefully each time you use the cGMP Academy Site. By navigating to, reading, signing in or registering to use the cGMP Academy Site, you accept all the provisions of these Terms.

If you are unwilling to be bound by these Terms, you should not access, use, register for, or purchase merchandise from the cGMP Academy Site.

Age Restriction

You may not use the cGMP Academy Site unless you are at least 18 years old. By using the cGMP Academy Site, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not access, use, register or use the services provided on the cGMP Academy Site. In the event we happen to become aware you are under 18, we will terminate your registration.

Compliance with Law

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Registration

In order to access some features of the cGMP Academy Site, you may be required to register and to select a user name and a password. If you register, you agree to provide us with accurate and complete registration information, and to inform us immediately of any updates or other changes to such information. We reserve the right to refuse registration of, or cancel a user’s registration, in our discretion.

Security

You are responsible for maintaining the confidentiality of your password and you are fully responsible for all activities that occur under your user name and password. Any user name and password for your access to the cGMP Academy Site shall be for your personal, non-commercial use only, unless you or your company have purchased an institutional license.

Use of the cGMP Academy Site and Licenses

cGMP Academy grants you a limited license to make personal use of the cGMP Academy Site. Users of the cGMP Academy Site are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of cGMP Academy or any third party.

Any unauthorized use of the cGMP Academy Site will terminate the permission or license granted by these Terms and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes.

Additional Restrictions on Rights of Use

You agree that you shall not:

download, copy, modify, reproduce, or in any way commercially exploit any portion of the cGMP Academy Site, except and to the extent expressly permitted under these Terms;
remove any copyright, trademark or other proprietary rights notice contained on the cGMP Academy Site;
collect any information about other Users for any purpose;
create User accounts under false or fraudulent pretenses or by automated means;
transmit to other Users unsolicited “spam”;
submit to the cGMP Academy Site any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity; or otherwise use the cGMP Academy Site to transfer or store illegal material, including any material deemed threatening or obscene;
use the cGMP Academy Site and/ or any User Content, intentionally or unintentionally, to violate any applicable local, state, federal or international law.

Copyrights

If you believe any content or any other aspect of the cGMP Academy Site infringes your copyright, you should send written notice of copyright infringement to our designated copyright agent at the address given below. Your notice must meet the requirements of the Digital Millennium Copyright Act (as required under 17 U.S.C. 512) by providing the following information:

A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the cGMP Academy Site;
Your address, telephone number and email address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the copyright at issue or are authorized to act on the copyright owner’s behalf; and
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright at issue.

Our designated copyright agent for notice of claims of copyright infringement on the cGMP Academy Site may be reached at the following address:

Lafayette, CA 94549

Or by email: contact@cgmpacademy.com

If any of your content is posted at the cGMP Academy Site, and you believe that content which you have created was removed (or to which access was disabled) pursuant to a Digital Millennium Copyright Act notice we received is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to law, to post and use the content in your User Content, you may send a counter-notice containing the following information to the Copyright Agent at the address listed above:

Your physical or electronic signature;
Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, cGMP Academy may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at cGMP Academy’s’ sole discretion.

Ownership

As between you and Us, the cGMP Academy Site, including all multimedia, photographs, images, text, graphics, icons, audio clips, software and other aspects thereof, all improvements or modifications thereof, all derivative works based thereon, and the collection, arrangement, and assembly of the cGMP Academy Site, including all copyrights, trademarks, and other intellectual property or proprietary rights in the foregoing, are owned by Us or Our licensors. Nothing contained in these Terms shall be deemed to grant to you or any other User any rights, title or interest in or to any copyright, trademark or other proprietary right of Ours or any of Our licensors.

Any trademarks, service marks, and other marks and indicators of source or origin that are displayed on the cGMP Academy Site are the proprietary property of cGMP Academy or their respective owners, as applicable. None of such marks may be used in connection with any other product or service in a manner that is likely to cause confusion among consumers, or to disparage or discredit the owner of such mark or its affiliates. Any trademarks of third parties that appear on the cGMP Academy Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Us. You may not use, copy, modify or display any of the trademarks, service marks, names or logos appearing on the cGMP Academy Site without the express written permission of the trademark owner.

Nothing in these Terms shall be deemed to grant to you or any other User any license or right in or to any patent, copyright, trademark, trade secret or other proprietary right of cGMP Academy.

Disclaimer

YOU EXPRESSLY AGREE THAT YOUR USE OF THE CGMP ACADEMY SITE, AND OF ANY USER CONTENT, INFORMATION, ADVICE, SERVICES, PRODUCTS, AND OTHER MATERIALS CONTAINED IN OR DESCRIBED ON THE CGMP ACADEMY SITE, IS ENTIRELY AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE MAKE NO, AND HEREBY DISCLAIM ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND/OR USE OF THE CGMP ACADEMY SITE, INCLUDING BUT NOT LIMITED TO ALL CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE CGMP ACADEMY SITE, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION AND CONTENT ACCESSIBLE VIA THE CGMP ACADEMY SITE IS ACCURATE, COMPLETE OR CURRENT, AND WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM USE OF, INABILITY TO USE, OR RELIANCE ON ANY ASPECT OF THE CGMP ACADEMY SITE, INCLUDING BUT NOT LIMITED TO CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE CGMP ACADEMY SITE. FURTHER, WE MAKE NO REPRESENTATIONS AND WARRANTIES THAT THE CGMP ACADEMY SITE OR THE USER CONTENT WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM US OR THE CGMP ACADEMY SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

Limitation on Liability

IN NO EVENT SHALL CGMP ACADEMY OR ITS RESPECTIVE AFFILIATES, OR THE MEMBERS, MANAGERS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF ANY OF THE FOREGOING, BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA) ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, UNAVAILABILITY OF, INABILITY TO USE, OR IMPROPER USE OF THE CGMP ACADEMY SITE, INCLUDING BUT NOT LIMITED TO ANY CONTENT, REVIEWS, ADVICE, SERVICES, INFORMATION ABOUT CURRENT GOOD MANUFACTURING PRACTICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE CGMP ACADEMY SITE, OR THE DISCLOSURE OR MISUSE OF ANY USER’S PERSONAL INFORMATION, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. IN ANY EVENT, CGMP ACADEMY’S RESPECTIVE TOTAL MAXIMUM LIABILITY IN RESPECT OF THE CGMP ACADEMY SITE OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO THE CONTENT, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE CGMP ACADEMY SITE, IN ANY MANNER WHATSOEVER, SHALL BE LIMITED TO ONE HUNDRED UNITED STATES DOLLARS ($100.00). THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.

Some of the limitations of liability may not be enforceable in some states. These Terms shall be severable, so that if any limitations of liability are voided, the remainder of these Terms shall remain binding.

Indemnity

You agree to indemnify and hold cGMP Academy and their respective affiliates, licensors, directors, officers, members, managers, employees, agents, and representatives (collectively the “Released Parties”), harmless from and against any losses, costs, expenses or damages of any nature whatsoever (including attorneys’ fees and court costs) arising from any claim, cause of action, suit or demand of any third party due to, arising out of or related to (i) your access to the cGMP Academy Site, (ii) your use of the cGMP Academy Site, (iii) any content posted, uploaded or transmitted by you, (iv) your use or distribution of any content, (v) your violation of these Terms, (vi) any use of your user name or password by you or any third party, or (vii) the infringement or other violation of any intellectual property or other right of any person or entity.

Assumption of the Risk

You understand, acknowledge and agree that the information and materials contained on the cGMP Academy Site are for general educational purposes only, and do not constitute advicer for your specific business, situation or industry. The Food and Drug Administration (“FDA”) and other governmental agencies may change laws and regulations concerning good manufacturing practices at any time, and courts and administrative bodies may change their interpretation of such practices.

You understand, acknowledge and agree that only if you or your company has separately purchased an institutional license can you use or rely on the information or materials provided by cGMP Academy for the purpose of your particular business. However, notwithstanding anything to the contrary in these Terms of Use, you represent, warrant, covenant and agree that you shall never use or rely on the information or materials provided by cGMP Academy for the purpose of your particular business unless you or your company has retained a risk compliance expert to verify current FDA and other government laws and regulations regarding good manufacturing practices, current judicial and administrative decisions regarding such practices, the application of current good manufacturing practices to your specific industry and business, and the currentness, accuracy and completeness of the information and materials provided by cGMP Academy.

You are aware that there are significant risks involved in all aspects of interactions with current good manufacturing practices. If current good manufacturing practices are not followed, severe injury or death could result to the consumer, and substantial monetary liability could be suffered by the manufacturer or other business. With full knowledge of the risks of such practices, you expressly assume those risks and release the cGMP Academy and the Released Parties from and against all liability for outdated or incomplete information or resources concerning good manufacturing practices. In consideration of the above mentioned risks and hazards and in consideration of the fact that you are willingly and voluntarily participating in the information and/or materials on the cGMP Academy Site, you hereby RELEASE and forever discharge cGMP Academy and the Released Parties and agree NOT TO SUE them on account of or in conjunction with any liability, claims, causes of action, injuries, damage, costs or expenses, which are related to, arise out of, or are in any way connected with your participation in the information and/or materials on the cGMP Academy Site and related activities, including those allegedly attributed to the negligent acts or omissions of the above mentioned parties. These Terms of Use shall be binding upon your successors, representatives, heirs, executors, assigns, transferees and yourself. If any portion of these Terms of Use are held invalid, you agree that the remainder of the Terms of Use shall remain in full legal force and effect. You waive the protection afforded California Civil Code Section 1542 which provides “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” The undersigned waives Section 1542 and any statute or law in any jurisdiction whose purpose, substance, and/or effect is to provide that a general release shall not extend to claims, material or otherwise which the person giving the release does not know of or suspect at the time of executing the release. This means, in part, that the undersigned is releasing unknown future claims.

YOU EXPRESSLY ASSUME ALL RISKS THAT ARISE OUT OF THE USE OF THE CGMP ACADEMY SITE, including, but not limited to, those RISK FACTORS discussed above. By using the cGMP Academy Site, you willingly assume full responsibility for the risks that you are exposing yourself to and accept full responsibility for any damages that may result from participation in any information or materials at the cGMP Academy Site. You are voluntarily participating in the information and materials with knowledge of the dangers involved and agree to accept any and all risks of damage.

By using the cGMP Academy Site, you explicitly represent and warrant to Us that:

You will respect the privacy and safety of other users to the site,

You will not use or rely on the information or materials provided by cGMP Academy for the purpose of your particular business unless (1) you or your company has separately purchased an institutional license and (2) you or your company has retained a risk compliance expert to verify current FDA and other government laws and regulations regarding good manufacturing practices, current judicial and administrative decisions regarding such practices, the application of current good manufacturing practices to your specific industry and business, and the currentness, accuracy and completeness of the information and materials provided by cGMP Academy.

You agree to indemnify and hold cGMP Academy and the Released Parties harmless from and against any losses, costs, expenses or damages of any nature whatsoever (including attorneys’ fees and court costs) arising from any claim, cause of action, suit or demand of any user of the cGMP Academy Site or any third party due to, arising out of or related to breach of any representation or warranty.

Third Party Advertisements and Sites

We may display advertisements from third parties on the cGMP Academy Site, such as banner advertisements, pop-up texts, and links to third party sites. We are not responsible for the content of such advertisements or links, or for any products, services or other materials relating to such advertisements, any linked site, or any link contained in a linked site. The display of any advertisement or link does not imply endorsement by us of the advertisement or linked site or any content therein. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE CGMP ACADEMY SITE, ANY PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT OR ANY LINKED THIRD-PARTY SITE.

Changes to Terms

We reserve the right to make changes at any time to these Terms. Any modifications to these Terms will be effective upon posting. You agree to review the Terms periodically so that you are aware of any modifications. Your continued use of the cGMP Academy Site after any modifications indicates your acceptance of the modified Terms.

Applicable law

By visiting the cGMP Academy Site, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and cGMP Academy.

Terms of Use

Terms of Use

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