Terms of Service Agreement
These e-courses and its videos, documents, and other associated content (hereinafter inclusively referred to as the “e-courses”) have been produced by Proxima Holdings, LLC, d/b/a Global Fixture Mobilization Experts (“GFME” “our” “us” “we”). By purchasing our e-courses, you agree to be bound by this Terms of Service Agreement (the “Terms of Service Agreement”).
All sales of the e-courses are final, and no refunds will be issued for online courses. The e-courses are for educational purposes only and are intended to provide general information about fixture mobilization techniques. The e-courses are not a substitute for specific safety regulations, or the safety training required for any specific job sites. The content is designed to instruct but does not cover all potential safety hazards or risks associated with performing fixture mobilization.
Fixture mobilization is a physically demanding and potentially dangerous activity that can involve significant risks. Safety hazards present on a job site will vary depending on conditions, equipment, and tasks. The e-courses do not and cannot address all possible safety concerns or hazards that may arise during the performance of fixture mobilization. You acknowledge it is your responsibility to follow all relevant local, state, and federal safety regulations, as well as any site-specific safety protocols. Completion of the e-courses and any associated certification does not guarantee or imply mitigation of risks or hazards, nor does it replace the need for on-site safety training and compliance with job-specific safety requirements.
GFME makes no guarantees, promises, or warranties, either express or implied, regarding any particular outcome or results from the use of the e-courses. We do not guarantee your success or performance in the field of fixture mobilization and assume no responsibility for any results that may arise from the application of the knowledge or techniques taught in the e-courses. You are solely responsible for applying the information and understanding that success in fixture mobilization work depends on a variety of factors, including experience, skill, and adherence to safety protocols.
Our e-course is intended solely for users who are at least 18 years of age or older. Any use of or access to our e-courses by anyone under such, is unauthorized, unlicensed and in violation of this Terms of Service Agreement. By purchasing our e-courses, you represent and warrant that you are 18 years or older and that you agree to and to abide by all terms and conditions of this Agreement. GFME has the sole right and discretion to determine whether to sell our e-courses to any individual and may reject a purchase by any individual with or without explanation.
We will respond quickly to claims of copyright infringement as found in any of our e-courses, according to the terms of the Digital Millennium Copyright Act of 1998 (DMCA) as found under United States law (17 USC. § 512). If you believe any copyrights are infringed by our e-course, please provide us with a written notice via mail, fax, or email that contains the following information:
(1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(2) A description of the copyrighted work that you claim has been infringed;
(3) A description of where the material that you claim is infringing is located on our Website;
(4) Your address, telephone number, and email address;
(5) 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; and
(6) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
We are only required to respond to those notices that substantially comply with the above requirements. We will investigate your claim and will notify you by the method of contact you used to file your notice with us.
When you complete the purchase process, you will receive a password that will allow you to access our content. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to immediately notify us of any authorized use of your password or any other breach of security. We reserve the right to remove your account if you purposefully share your login information with any individual who is not a registered user and did not pay for the e-courses.
By taking the e-courses you acknowledge and agree that GFME is not liable for any direct, indirect, incidental, consequential, or punitive damages, injury, or harm, including but not limited to personal injury, property damage, or economic loss, that may occur during the performance of fixture mobilization work, whether or not such work was performed in accordance with such e-courses. You also agree that the maximum liability of GFME for any claims arising out of or related to the e-courses shall not exceed the amount you paid for any e-courses in the six month period prior to the date of the assertion of the claim. You agree to fully release indemnify, and hold harmless GFME and its affiliates, and their respective instructors, owners, agents, and employees from any claims, damages, or losses arising from your participation in the e-courses or any work conducted thereafter.
This Terms of Service Agreement shall be governed and construed in accordance with the substantive laws of California without giving effect to the principles of conflict of laws. Any cause of action by you with respect to our website or content must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.
To the extent that any content on our website is in conflict or inconsistent with this Terms of Service Agreement, this Terms of Service Agreement shall control. Our failure to enforce any provision of this Terms of Service Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Terms of Service Agreement shall survive any termination of this Agreement.
Contact Information:
For any questions or concerns regarding our Terms of Service Agreement, please contact us at:
Global Fixture Mobilization Experts
contact@gfmetraining.com