Policies, Terms & Legal Information
Registration Cancellations, Refunds & Credits Policy
Thank you for choosing Holguin Training & Consulting, LLC (HTAC). We understand that schedules change and unforeseen circumstances may require you to cancel a course registration. This Refund and Cancellation Policy outlines the terms governing cancellations, refunds, credits, substitutions, and course cancellations. By registering for any HTAC course or service, you acknowledge and agree to the terms outlined below.
Registration Cancellations, Refunds & Credits
Holguin Training & Consulting, LLC invests significant time and resources into every training program. This includes securing training venues, scheduling instructors, preparing course materials, coordinating travel, and reserving classroom space well in advance of each course.
To ensure we can continue providing high-quality training experiences, the following cancellation policy applies to all in-person training courses.
In-Person Training Courses
Cancellation 30 Days or More Before the Course Start Date
Registrations cancelled 30 calendar days or more before the scheduled start date are eligible for:
- A full refund of the course registration fee, less any applicable payment processing or invoice fees.
- Applicable non-refundable fees include:
- Credit card processing fees
- Online payment processing fees
- Invoice processing fees
- Any third-party transaction fees incurred during registration
Cancellation Less Than 30 Days Before the Course Start Date
Because instructor commitments, travel arrangements, classroom reservations, and course materials have already been finalized, registrations cancelled fewer than 30 calendar days before the course start date are not eligible for a refund or course credit.
This policy applies regardless of:
- Scheduling conflicts
- Staffing shortages
- Illness
- Vacation
- Travel issues
- Administrative errors
- Any other reason beyond the control of Holguin Training & Consulting, LLC
No exceptions will be made.
Refund Schedule
Cancellation Request
Refund
30 days or more before course
100% refund minus applicable payment processing or invoice fees
Less than 30 days before course
No refund
Online Courses
For self-paced online training, refunds may be requested within 30 days of purchase, provided:
- Course materials have not been accessed, and
- No portion of the course has been completed.
Once course materials have been accessed, the registration becomes non-refundable.
Refund Details
Refunds will only be issued to the original method of payment.
Credit Card Payments
Payment processor fees charged at the time of purchase are non-refundable.
Invoice Payments
Any invoice or administrative processing fees are non-refundable.
Refunds will consist of the original registration fee less any applicable processing fees.
Student Substitutions
If a registered participant is unable to attend, another employee from the same agency or organization may attend in their place.
Substitution requests should be submitted as soon as possible before the course begins by contacting Holguin Training & Consulting, LLC.
No-Shows
Participants who fail to attend a scheduled course without prior cancellation are considered No Shows.
No refunds or credits will be issued for No Shows.
Course Eligibility
Certain courses may be limited to specific professions, certifications, or employment classifications.
Holguin Training & Consulting, LLC reserves the right to refuse registration or remove participants who do not meet established eligibility requirements. If eligibility cannot be verified prior to the course, HTAC may cancel the registration and issue a refund at its discretion.
Course Cancellations or Postponements by HTAC
Although every effort is made to conduct each course as scheduled, Holguin Training & Consulting, LLC reserves the right to postpone, reschedule, relocate, or cancel any training program due to circumstances including, but not limited to:
- Low enrollment
- Instructor illness or emergency
- Venue availability
- Severe weather
- Natural disasters
- Government restrictions
- Public safety emergencies
- Other unforeseen circumstances
If HTAC cancels a course, registered participants may choose one of the following:
- Transfer to another scheduled course
- Receive course credit toward a future HTAC training program
- Receive a full refund of all registration fees paid
HTAC is not responsible for travel expenses, lodging costs, lost wages, airline fees, or any incidental expenses resulting from a course cancellation or postponement.
Venue or Instructor Changes
Occasionally, course locations, classroom assignments, or instructors may change.
Such changes do not constitute a course cancellation and do not qualify participants for refunds.
Outstanding Invoices
Invoices not paid by the stated due date may be subject to cancellation of the registration.
Holguin Training & Consulting, LLC reserves the right to assess reasonable late fees on overdue invoices where permitted by law and as stated on the invoice.
Questions
If you have questions regarding this Refund & Cancellation Policy, please contact:
Holguin Training & Consulting, LLC
Email: info@holguintraining.com
Website: www.holguintraining.com
Last Revised: July 30, 2026
Digital Products & Downloadable Materials Policy
Digital Products & Downloadable Materials
Effective Date: July 30, 2026
Holguin Training & Consulting, LLC (HTAC) offers downloadable digital products, which may include guides, checklists, templates, toolkits, implementation materials, training resources, forms, reference materials, and other electronic content. Because digital products can be accessed, downloaded, copied, or retained immediately after delivery, all digital product sales are considered final once the product has been downloaded, opened, accessed, or otherwise retrieved, except as specifically provided below or as otherwise required by applicable law.
Refund Eligibility
A refund for a digital product may be issued only under one of the following circumstances:
- Technical Failure or Corrupted File: The purchased digital product cannot be successfully downloaded, opened, or used because the file supplied by HTAC is corrupted, defective, or otherwise unusable, and HTAC is unable to provide a functioning replacement within a reasonable period after being notified of the problem.
- Product Not Accessed or Downloaded: A refund request is submitted within 10 calendar days of the original purchase date, and HTAC's available records indicate that the digital product has not been downloaded, opened, accessed, retrieved, or otherwise delivered for use.
Except where required by applicable law, no refund will be provided after a digital product has been downloaded or accessed, including when the purchaser subsequently determines that the product does not meet their particular needs, expectations, agency requirements, or intended use.
Technical Issues and Replacement Files
If a purchaser experiences difficulty downloading, opening, or accessing a digital product, the purchaser must contact HTAC and provide sufficient information to identify the order and describe the technical problem.
HTAC will make reasonable efforts to resolve legitimate technical issues and may, at its discretion, provide a replacement download link, replacement file, alternate compatible file format when available, or other reasonable technical assistance before issuing a refund.
A temporary internet outage, purchaser device problem, browser issue, software incompatibility, security setting, firewall restriction, or other condition outside HTAC's reasonable control does not, by itself, make a purchase eligible for a refund when the digital product provided by HTAC is functioning as intended.
Duplicate Purchases
If the same purchaser accidentally purchases the same digital product more than once, the purchaser should contact HTAC as soon as reasonably possible. HTAC may refund the duplicate transaction after verifying that the purchases are substantially identical and that no additional license, user access, or other benefit was received or used.
Purchaser Responsibility
Before purchasing a digital product, purchasers are responsible for reviewing the product description, stated contents, intended audience, licensing terms, technical requirements, and any other information provided on the applicable product page.
Unless expressly stated otherwise, purchasers are also responsible for having the hardware, software, internet access, and technical capability necessary to download, open, view, print, or otherwise use the purchased materials.
Failure to read the product description or purchasing a product that is not suitable for the purchaser's particular agency, organization, jurisdiction, software, equipment, or intended purpose does not constitute grounds for a refund after the product has been accessed or downloaded.
Digital Product Updates and Revisions
Purchase of a digital product provides access to the version offered at the time of purchase unless the applicable product description or license expressly states that future revisions or updates are included.
HTAC may revise, update, discontinue, replace, or modify its digital products at any time. Purchase of an earlier version does not automatically entitle the purchaser to future editions, revisions, updates, supplemental materials, or replacement products unless expressly stated at the time of purchase.
Intellectual Property and License Restrictions
Purchase of a digital product constitutes the purchase of a license to use the material in accordance with the licensing terms applicable to that product and does not transfer ownership of HTAC's intellectual property.
Unless expressly authorized by the applicable license, digital products may not be copied for distribution, resold, sublicensed, published, uploaded to shared repositories, posted online, commercially redistributed, transferred to another agency or organization, or otherwise made available to unauthorized persons.
Refund eligibility does not authorize a purchaser to retain, use, reproduce, distribute, or otherwise benefit from digital materials after a refund has been issued. If a refund is granted, the purchaser's license to use the refunded product immediately terminates, and the purchaser must delete or destroy all copies in their possession or control.
Unauthorized Sharing or Misuse
HTAC reserves the right to suspend or terminate access to digital products, download links, accounts, or associated services when there is reasonable evidence of unauthorized distribution, reproduction, resale, account sharing, license violations, fraudulent activity, or other misuse.
A purchaser whose access is terminated because of a violation of applicable licensing terms, Terms of Service, or intellectual property restrictions is not entitled to a refund except where required by law.
Refund Request Verification
HTAC may review available order, account, download, access, delivery, and transaction records when determining whether a digital product qualifies for a refund under this policy.
Refund requests must include sufficient information to identify the applicable transaction. HTAC may request the purchaser's name, order number, email address used for the purchase, description of the issue, and other reasonably necessary information.
Chargebacks and Payment Disputes
Purchasers are encouraged to contact HTAC before initiating a chargeback or payment dispute so that HTAC has an opportunity to investigate and resolve legitimate billing or technical concerns.
Initiating a chargeback does not alter the licensing restrictions applicable to a digital product. HTAC reserves all rights and remedies available under applicable law and its agreements with payment processors in connection with fraudulent, abusive, or unauthorized payment disputes.
Exceptions Required by Law
Nothing in this Digital Products & Downloadable Materials policy is intended to waive, restrict, or eliminate any refund, cancellation, or other consumer right that cannot legally be waived under applicable law.
HTAC Digital Product & Agency Resource License
SINGLE-AGENCY DIGITAL PRODUCT LICENSE
Effective Date: August 1, 2026
These Digital Product License Terms ("License Terms") govern the purchase and use of digital products and proprietary resources produced by Holguin Training & Consulting, LLC, including its HTAC division ("HTAC").
By purchasing, downloading, accessing, or using a licensed digital product, the purchaser agrees to these License Terms.
1. License Grant
Subject to payment and compliance with these License Terms, HTAC grants the purchasing agency or organization a limited, non-exclusive, non-transferable, non-sublicensable license to use the purchased materials for authorized internal organizational purposes consistent with the scope of the product purchased.
Ownership of the materials and underlying intellectual property remains with Holguin Training & Consulting, LLC.
2. Single-Agency Use
Unless a different license is expressly purchased in writing, the license applies only to the purchasing agency or organization.
The materials may be shared internally with personnel of the licensed organization when reasonably necessary for authorized planning, policy development, implementation, training development, evaluation, or other uses permitted by the purchased product.
A purchase by one agency does not authorize use by another agency, department, organization, consultant, contractor, or unrelated entity.
3. Prohibited Uses
Without prior written authorization from Holguin Training & Consulting, LLC, purchasers may not:
- Sell, resell, sublicense, rent, or commercially distribute the materials;
- Share the materials with unrelated agencies or organizations;
- Post the materials publicly;
- Upload the materials to publicly accessible or unrestricted repositories;
- Remove or obscure HTAC copyright, attribution, licensing, or disclaimer notices;
- Represent HTAC materials as the purchaser's proprietary product;
- Use the materials to provide commercial consulting or training services to third parties;
- Publish or commercially distribute derivative products substantially reproducing HTAC proprietary materials; or
- Circumvent technological measures used to control or identify authorized copies.
4. Agency Customization
The purchaser may modify designated worksheets, templates, planning tools, and implementation materials as reasonably necessary to develop its own internal agency policies, protocols, procedures, workflows, and program documentation.
Agency-created policies, protocols, criteria, procedures, and other original agency content remain the responsibility of the purchasing agency.
Permitted customization does not transfer ownership of HTAC's underlying intellectual property.
5. Training Materials
Purchase of a product containing training-development materials does not automatically grant an unrestricted commercial or train-the-trainer license.
Unless expressly stated otherwise in the purchased license, materials may be used for the purchasing organization's authorized internal implementation and workforce-preparation purposes only.
Any broader instructor, reproduction, recurring-delivery, commercial-training, or third-party training rights require separate written authorization or an applicable HTAC Agency Training License.
6. Agency Responsibility
HTAC resources provide planning, implementation, and training-development frameworks.
The purchasing agency retains sole authority and responsibility for determining whether and how any program will be implemented, including policies, protocols, eligibility and exclusion criteria, emergency-response requirements, transfer procedures, staffing, supervision, documentation, technology, training standards, quality assurance, and operational decisions.
7. No Legal or Clinical Advice
HTAC digital resources are provided for educational, organizational-planning, training-development, and program-development purposes.
They do not constitute legal advice, medical advice, behavioral-health treatment, clinical advice, psychotherapy, clinical suicide-risk assessment, or a determination of an agency's legal obligations.
Agencies should obtain appropriate professional review before adopting or implementing policies, procedures, or programs.
8. Third-Party Services
HTAC does not own, operate, supervise, or control 988 crisis centers, behavioral-health providers, mobile crisis teams, hospitals, fire/EMS agencies, telecommunications providers, CAD vendors, governmental entities, or other third parties.
HTAC does not guarantee third-party availability, capacity, staffing, technology, acceptance decisions, response, or performance.
9. No Guarantee of Outcome
Public-safety operations, behavioral-health crises, suicide-related incidents, and emergency communications involve inherent uncertainty and risk.
HTAC does not warrant or guarantee that purchase, use, training, implementation, or reliance upon its materials will prevent injury, death, suicide, violence, complaints, litigation, liability, operational failures, or other adverse outcomes.
10. Intellectual Property
Except for agency-created content, all copyrights and other intellectual-property rights in HTAC materials remain the property of Holguin Training & Consulting, LLC.
© 2026 Holguin Training & Consulting, LLC. All Rights Reserved.
Consulting Services Terms, Conditions & Risk Allocation Policy
Holguin Training & Consulting, LLC
Including HTAC and All Divisions, DBAs, Brands, Programs, and Service Lines
Effective Date: July 30, 2026
1. PURPOSE AND ACCEPTANCE
This Consulting Services Terms, Conditions & Risk Allocation Policy (“Consulting Terms”) governs consulting, advisory, assessment, organizational development, implementation assistance, technical assistance, program-development, training-related consulting, and other professional services (“Services”) provided by Holguin Training & Consulting, LLC, including HTAC and any of its divisions, DBAs, brands, programs, employees, owners, members, managers, instructors, consultants, contractors, representatives, and agents (collectively, “HTAC”).
These Consulting Terms are incorporated into and supplement any proposal, statement of work (“SOW”), engagement letter, purchase order accepted by HTAC, invoice, agreement, or other written authorization for Services.
By retaining HTAC, executing an agreement or SOW, issuing an accepted purchase order, authorizing HTAC to begin Services, paying an invoice or deposit, or otherwise accepting Services, the client (“Client”) acknowledges and agrees to these Consulting Terms.
If a separately executed written agreement between HTAC and Client expressly conflicts with these Consulting Terms, the executed agreement controls only with respect to the specific conflicting provision.
2. NATURE OF CONSULTING SERVICES
HTAC provides consulting, education, organizational development, leadership development, operational guidance, program-development assistance, training, research-informed recommendations, and related advisory services.
Unless expressly stated otherwise in a written agreement signed by HTAC, HTAC serves solely as an independent consultant and advisor.
HTAC does not assume operational command, supervisory authority, management authority, fiduciary responsibility, policymaking authority, governmental authority, clinical responsibility, legal responsibility, or decision-making authority on behalf of Client.
All recommendations are advisory.
Client retains sole and ultimate authority and responsibility for determining whether, when, where, and how any recommendation, policy, procedure, program, protocol, training concept, workflow, strategy, or other deliverable will be adopted or implemented.
3. NO GUARANTEE OF RESULTS
Consulting involves professional judgment, organizational variables, human behavior, operational conditions, management decisions, legal requirements, financial considerations, and other circumstances beyond HTAC's control.
Accordingly, HTAC does not guarantee any particular result, including but not limited to:
- increased revenue;
- reduced costs;
- improved employee performance;
- improved morale;
- increased organizational trust;
- improved recruitment or retention;
- reduced turnover;
- improved leadership performance;
- improved employee engagement;
- improved organizational culture;
- reduced complaints;
- reduced litigation or liability;
- regulatory approval;
- policy approval;
- labor acceptance;
- successful program implementation;
- improved emergency or crisis outcomes;
- reduced calls for service;
- successful 911-to-988 diversion;
- prevention of injury, death, loss, or adverse events; or
- any particular organizational, operational, financial, personnel, safety, or legal outcome.
Past results, examples, case studies, projections, benchmarks, or anticipated benefits are not guarantees of future performance.
4. CLIENT RETAINS DECISION-MAKING RESPONSIBILITY
Client acknowledges that HTAC does not control Client's personnel, operations, facilities, policies, practices, technology, communications systems, dispatch operations, emergency responses, labor relationships, employment decisions, vendors, contractors, or implementation decisions.
Client is solely responsible for:
- evaluating HTAC's recommendations;
- deciding whether recommendations are appropriate;
- determining legal and regulatory compliance;
- obtaining necessary approvals;
- obtaining legal review;
- consulting labor organizations when required;
- obtaining executive, governing-body, or administrative approval;
- developing and approving final policies;
- training Client personnel;
- supervising Client personnel;
- implementing recommendations;
- monitoring implementation;
- maintaining quality assurance;
- correcting identified deficiencies; and
- determining whether continued implementation remains appropriate.
HTAC shall not be responsible for Client decisions made before, during, or after an engagement.
5. CLIENT RESPONSIBILITY FOR INFORMATION
HTAC may rely upon information, records, policies, statistics, reports, interviews, representations, data, documents, and other materials supplied by Client or third parties.
Unless specifically included within the scope of Services, HTAC has no obligation to independently audit, investigate, authenticate, or verify such information.
Client represents that information supplied to HTAC will, to the best of Client's knowledge:
- be materially accurate;
- be reasonably complete;
- be lawfully disclosed;
- not intentionally omit information material to the engagement; and
- be provided with any required authorization or consent.
HTAC is not responsible for recommendations, conclusions, delays, or outcomes affected by inaccurate, incomplete, outdated, misleading, withheld, or subsequently changed information.
6. LEGAL AND REGULATORY REVIEW
HTAC does not provide legal advice and does not act as Client's attorney or legal counsel.
Information regarding statutes, regulations, policies, standards, court decisions, governmental guidance, liability considerations, or legal developments is provided solely for general informational and consulting purposes.
Client is responsible for obtaining review by qualified legal counsel before adopting or implementing recommendations involving:
- laws or regulations;
- agency policies;
- employment practices;
- labor agreements;
- public records;
- confidentiality;
- privacy;
- civil rights;
- disability accommodations;
- emergency response;
- behavioral-health response;
- 911 or 988 operations;
- use of force;
- risk management;
- contractual obligations; or
- other matters carrying legal consequences.
No HTAC communication creates an attorney-client relationship.
7. NO LICENSED PSYCHOLOGICAL OR MENTAL-HEALTH SERVICES
Unless expressly provided through an appropriately licensed professional acting within that professional's lawful scope of practice, HTAC's Leadership & Organizational Development Consulting services are organizational, educational, leadership, workforce, operational, and management-consulting services.
HTAC does not provide psychotherapy, psychological diagnosis, mental-health treatment, clinical assessment, medical treatment, or other services requiring professional licensure that HTAC or the individual providing the service does not possess.
References to research, behavioral science, leadership science, organizational research, emotional intelligence, workplace behavior, employee engagement, organizational culture, or related concepts are not representations that HTAC is providing licensed psychological or clinical services.
Clients requiring legal, psychological, medical, accounting, engineering, financial, or other regulated professional services should retain appropriately licensed professionals.
8. PUBLIC SAFETY AND 911-TO-988 CONSULTING
Public-safety and 911-to-988 consulting is intended to assist agencies in evaluating, designing, developing, or improving programs, policies, training, workflows, screening processes, and operational considerations.
HTAC does not serve as an emergency communications center, 911 provider, 988 provider, law enforcement agency, fire department, emergency medical service, behavioral-health provider, crisis center, or governmental decision-maker.
Client remains exclusively responsible for establishing:
- diversion eligibility criteria;
- exclusion criteria;
- emergency-response requirements;
- screening procedures;
- transfer protocols;
- call-handling procedures;
- CAD procedures;
- escalation procedures;
- supervisory review;
- quality assurance;
- interoperability requirements;
- technology requirements;
- documentation standards;
- training requirements; and
- circumstances requiring law enforcement, fire, EMS, behavioral-health, or other emergency response.
No HTAC recommendation should be interpreted as directing a dispatcher, peace officer, clinician, agency, or other professional to disregard applicable law, agency policy, emergency conditions, professional judgment, or an immediate threat to life or safety.
Client must independently review all proposed public-safety procedures with its legal counsel, executive leadership, communications leadership, risk management personnel, applicable labor representatives, technology personnel, and relevant governmental or behavioral-health partners before implementation.
9. POLICIES, TEMPLATES, FORMS AND SAMPLE MATERIALS
Any policy, procedure, checklist, form, template, screening protocol, workflow, model, sample language, training material, implementation guide, or similar material supplied by HTAC is provided as a starting point for Client review and customization unless expressly stated otherwise.
Such materials are not represented as universally applicable or automatically compliant with every jurisdiction, agency, collective bargaining agreement, regulation, accreditation requirement, operational environment, or factual circumstance.
Client is responsible for obtaining appropriate legal, administrative, operational, labor, technical, and executive review before adoption.
10. THIRD-PARTY SERVICES AND INFORMATION
HTAC may discuss, reference, coordinate with, recommend consideration of, or rely upon third-party organizations, vendors, technologies, crisis centers, government agencies, software, publications, standards, resources, or service providers.
Unless expressly stated in writing, HTAC does not control, endorse, warrant, guarantee, or assume responsibility for third-party products, services, conduct, availability, security, accuracy, performance, or continued operation.
HTAC is not responsible for a third party's failure, error, omission, interruption, misconduct, data loss, security incident, change in services, or other act or omission.
11. CHANGES IN LAW, POLICY, STANDARDS AND BEST PRACTICES
Laws, regulations, professional standards, technology, governmental guidance, industry practices, and operational conditions change over time.
Unless Client separately retains HTAC for continuing monitoring or updates, HTAC has no continuing obligation after completion of an engagement to:
- monitor changes;
- notify Client of changes;
- revise previous recommendations;
- update deliverables; or
- determine whether previously delivered materials remain appropriate.
Client is responsible for periodically reviewing adopted programs, policies, procedures, and materials.
12. CONFIDENTIALITY
HTAC will use reasonable measures to protect confidential information supplied by Client and identified or reasonably understood as confidential.
Client shall not provide HTAC with information that Client is legally prohibited from disclosing.
Unless specifically required by the engagement, Client should avoid providing unnecessary personally identifiable information, protected health information, criminal justice information, classified information, privileged communications, passwords, access credentials, or similarly sensitive information.
Confidentiality obligations do not apply to information that:
- was lawfully known to HTAC before disclosure;
- becomes publicly available without breach by HTAC;
- is received lawfully from another source;
- is independently developed without use of Client confidential information; or
- must be disclosed pursuant to law, subpoena, court order, or governmental requirement.
13. INTELLECTUAL PROPERTY
Unless otherwise expressly stated in a written agreement, HTAC retains all right, title, and interest in its preexisting and independently developed:
- methodologies;
- frameworks;
- models;
- training programs;
- curricula;
- templates;
- checklists;
- assessment tools;
- workflows;
- diagrams;
- presentations;
- written materials;
- processes;
- concepts;
- graphics; and
- other intellectual property.
Payment for consulting services does not transfer ownership of HTAC intellectual property.
Client receives only the license expressly granted in the applicable agreement, proposal, SOW, invoice, or licensing terms.
14. CLIENT MODIFICATION OF DELIVERABLES
Client assumes responsibility for any modification, adaptation, combination, republication, implementation, or use of an HTAC deliverable outside the scope or context for which it was prepared.
HTAC shall not be responsible for consequences arising from modifications made by Client or third parties without HTAC's written approval.
Removal of disclaimers, warnings, attribution, licensing language, limitations, instructions, or other material from an HTAC deliverable does not expand HTAC's responsibilities or liability.
15. INDEPENDENT CONTRACTOR
HTAC is an independent contractor.
Nothing in an engagement creates an employment, partnership, joint venture, agency, fiduciary, franchise, or other similar relationship between HTAC and Client.
Neither party has authority to bind the other except as expressly authorized in writing.
16. CLIENT IMPLEMENTATION AND ASSUMPTION OF RESPONSIBILITY
Client acknowledges that implementation of organizational, personnel, public-safety, operational, emergency-response, behavioral-health, leadership, workforce, or policy recommendations may involve inherent risks and unforeseen consequences.
Client voluntarily retains responsibility for implementation decisions and agrees to exercise independent professional and organizational judgment.
Client is responsible for establishing appropriate safeguards, supervision, review processes, escalation procedures, quality assurance, and risk controls appropriate to its operations.
17. DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CONSULTING SERVICES, RECOMMENDATIONS, INFORMATION, MATERIALS, AND DELIVERABLES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
EXCEPT FOR EXPRESS OBLIGATIONS CONTAINED IN A WRITTEN AGREEMENT SIGNED BY HTAC, HTAC DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, OR RESULTS.
HTAC DOES NOT WARRANT THAT ANY RECOMMENDATION OR DELIVERABLE WILL PREVENT ERROR, INJURY, DEATH, LOSS, CLAIMS, COMPLAINTS, LITIGATION, LIABILITY, EMPLOYEE TURNOVER, OPERATIONAL FAILURE, OR OTHER ADVERSE OUTCOMES.
18. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HTAC shall not be liable for indirect, incidental, consequential, exemplary, special, or punitive damages arising from or related to the Services, regardless of the theory of liability and regardless of whether such damages were foreseeable.
This exclusion includes, to the extent permitted by law:
- lost profits;
- lost revenue;
- loss of opportunity;
- loss of productivity;
- loss of goodwill;
- business interruption;
- personnel costs;
- replacement costs;
- reputational harm;
- third-party claims;
- loss or corruption of data; and
- consequential operational losses.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HTAC'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A PARTICULAR CONSULTING ENGAGEMENT SHALL NOT EXCEED THE TOTAL CONSULTING FEES ACTUALLY PAID TO HTAC BY CLIENT FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM DURING THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.
If the engagement lasted fewer than twelve months, the cap shall be the fees actually paid for that engagement.
These limitations apply regardless of whether a claim is asserted in contract, tort, negligence, statute, or another theory, except to the extent a limitation is prohibited by applicable law.
19. INDEMNIFICATION BY CLIENT
To the maximum extent permitted by law, Client agrees to defend, indemnify, and hold harmless Holguin Training & Consulting, LLC, its divisions and DBAs, including HTAC, and their respective members, managers, owners, employees, instructors, consultants, contractors, representatives, successors, and agents from and against third-party claims, demands, actions, liabilities, damages, judgments, settlements, penalties, costs, and reasonable attorneys' fees arising out of or relating to:
- Client's implementation or use of HTAC recommendations or deliverables;
- Client's operations;
- acts or omissions of Client personnel;
- Client modifications to HTAC materials;
- inaccurate or incomplete information supplied by Client;
- Client's violation of law, regulation, policy, contract, or third-party rights;
- unauthorized use or distribution of HTAC intellectual property; or
- Client's use of Services or deliverables outside their intended scope.
This obligation shall not require Client to indemnify HTAC to the extent prohibited by applicable law or to the extent a final judgment determines that the claim resulted from conduct for which indemnification may not lawfully be required.
20. CLIENT INSURANCE AND RISK MANAGEMENT
Client is responsible for maintaining insurance appropriate to its operations and risks, including any general liability, professional liability, cyber liability, workers' compensation, employment practices, automobile, public entity, law enforcement, or other coverage appropriate to Client's activities.
HTAC's insurance does not replace or supplement Client's own insurance obligations.
21. FORCE MAJEURE
HTAC shall not be liable for delay, interruption, or inability to perform caused by events reasonably beyond its control, including natural disasters, severe weather, fire, epidemic or pandemic conditions, governmental actions, civil unrest, war, terrorism, labor disruption, transportation interruption, utility failure, telecommunications failure, internet outage, third-party platform failure, venue closure, illness, emergency, or similar circumstances.
Performance deadlines shall be reasonably extended to account for such circumstances.
22. FEES, DEPOSITS AND PAYMENT
Fees, deposits, retainers, payment schedules, reimbursable expenses, travel expenses, cancellation charges, and other financial terms shall be specified in the applicable proposal, SOW, engagement agreement, invoice, or other written terms.
Unless expressly designated as refundable, retainers, deposits, reserved consulting dates, work already performed, customized deliverables, and expenses already incurred may be non-refundable to the extent permitted by law and the applicable agreement.
Client remains responsible for fees for Services performed before termination.
23. SUSPENSION OR TERMINATION OF SERVICES
HTAC may suspend or terminate Services for:
- nonpayment;
- material breach of an agreement;
- unlawful or unethical requests;
- unsafe working conditions;
- harassment or threatening conduct;
- material misrepresentation;
- failure to provide necessary information or cooperation;
- circumstances creating unreasonable professional, legal, reputational, or safety risk; or
- other material circumstances making continued performance impracticable.
Termination does not eliminate Client's obligation to pay amounts already earned or expenses already incurred.
24. NO THIRD-PARTY BENEFICIARIES OR RELIANCE
Unless expressly agreed in writing, HTAC's Services and deliverables are prepared solely for the Client identified in the applicable engagement.
No employee, governmental entity, contractor, vendor, partner agency, member of the public, or other third party is entitled to rely upon HTAC's Services or deliverables or is intended to be a third-party beneficiary.
Client shall not represent otherwise without HTAC's written authorization.
25. PUBLIC STATEMENTS AND USE OF HTAC NAME
Client may not state or imply that HTAC:
- approved Client's final policy;
- certified Client's compliance;
- guaranteed Client's program;
- endorsed a modified HTAC deliverable;
- assumed operational responsibility; or
- approved implementation decisions
unless HTAC expressly authorized that representation in writing.
Client may accurately identify HTAC as a consultant when appropriate.
26. PROFESSIONAL JUDGMENT AND EMERGENCY CONDITIONS
Nothing supplied by HTAC replaces the contemporaneous professional judgment of appropriately trained personnel.
Policies, protocols, decision aids, checklists, workflows, and training materials cannot anticipate every circumstance.
In emergency, public-safety, personnel, or operational situations, Client personnel remain responsible for following applicable law, agency policy, training, supervisory direction, professional standards, and reasonable judgment based upon the circumstances actually presented.
27. GOVERNING LAW AND VENUE
Unless otherwise required by applicable law or expressly agreed in a written contract, these Consulting Terms and any dispute arising from them shall be governed by the laws of the State of California, without regard to conflict-of-law principles.
Any legal proceeding arising from or relating to the Services shall be brought in a court of competent jurisdiction in the California county specified in the applicable written engagement agreement or, if no county is specified, the county in which Holguin Training & Consulting, LLC maintains its principal place of business, to the extent permitted by law.
28. SEVERABILITY AND REFORMATION
If any provision of these Consulting Terms is determined to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permitted by law or, where legally permissible, reformed to most closely accomplish its intended lawful purpose.
The remaining provisions shall remain in full force and effect.
29. NO WAIVER
Failure by HTAC to enforce any provision shall not constitute a waiver of that provision or any other right.
A waiver is effective only when expressly made in writing by an authorized representative of HTAC.
30. SURVIVAL
Provisions concerning payment obligations, confidentiality, intellectual property, disclaimers, limitations of liability, indemnification, third-party reliance, governing law, dispute resolution, and any provisions that by their nature should survive shall survive completion or termination of the consulting engagement.
31. ENTIRE AGREEMENT AND ORDER OF PRECEDENCE
The applicable executed consulting agreement, SOW, proposal, these Consulting Terms, and incorporated policies constitute the agreement governing the Services.
Client purchase-order terms, procurement boilerplate, online portal terms, or other unilateral terms shall not modify HTAC's obligations unless HTAC expressly agrees to those terms in a writing signed by an authorized representative.
In the event of an irreconcilable conflict, a mutually executed written agreement or SOW specifically addressing the conflicting subject shall control.
32. ACKNOWLEDGMENT
By engaging HTAC, Client acknowledges that:
- HTAC provides consulting and advisory services;
- Client retains ultimate decision-making and implementation responsibility;
- consulting recommendations cannot eliminate operational or organizational risk;
- Client is responsible for obtaining appropriate legal and professional review;
- no specific outcome is guaranteed;
- the limitations, disclaimers, and risk-allocation provisions contained herein are material terms of the engagement; and
- Client has had the opportunity to review these Consulting Terms and seek independent legal advice before accepting them.
QUESTIONS
Questions regarding these Consulting Terms may be directed to:
Holguin Training & Consulting, LLC
HTAC
Email: info@holguintraining.com
Website: www.holguintraining.com
Last Revised: July 30, 2026
Terms of Use
1. Acceptance of Terms
Welcome to the website of Holguin Training & Consulting, LLC ("HTAC," "Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website, online services, digital content, training courses, consulting services, and any products or services offered through our website or directly by HTAC.
By accessing, browsing, registering for a course, purchasing products or services, downloading materials, or otherwise using our website, you acknowledge that you have read, understood, and agree to be legally bound by these Terms and our Privacy Policy.
If you do not agree to these Terms, you must discontinue use of our website and services immediately.
2. Company Information
Holguin Training & Consulting, LLC
California Limited Liability Company Website:
www.holguintraining.com
Email:
info@holguintraining.com
These Terms apply to all visitors, customers, students, agencies, organizations, contractors, vendors, and users of our website and services.
3. Services We Provide
Holguin Training & Consulting, LLC provides professional education, consulting, curriculum development, organizational development, and related services, including but not limited to:
- Law Enforcement Training
- Emergency Communications Training
- Dispatcher Training
- Private Security Training
- Crisis Intervention Training
- Emotional Intelligence Training
- Leadership Development
- Ethics Training
- Organizational Development
- Industrial/Organizational Psychology Consulting
- Strategic Communication Training
- Instructor Development
- Curriculum Design
- Organizational Assessments
- Threat & Vulnerability Assessments
- Crisis Management Consulting
- Business Strategy Consulting
- Custom Training Programs
- Digital Learning Resources
- Online Courses
- Downloadable Educational Materials
Descriptions of our services are provided for informational purposes only and may change without prior notice.
4. Eligibility
Our services are intended for adults who are at least eighteen (18) years of age or the age of majority in their jurisdiction.
Certain courses may require participants to:
- be employed by a governmental agency;
- work within public safety;
- possess specific certifications;
- complete prerequisite training;
- meet licensing requirements; or
- receive employer authorization.
Some courses may be restricted due to legal, regulatory, contractual, or safety considerations.
HTAC reserves the right to deny registration or enrollment if eligibility requirements are not met.
5. Registration and Account Responsibilities
When registering for any course or service, you agree to provide accurate, current, and complete information.
You are responsible for:
- maintaining accurate account information;
- protecting your login credentials;
- safeguarding your password;
- all activity occurring under your account.
You agree not to:
- share login credentials;
- impersonate another person;
- create multiple fraudulent accounts;
- register
another individual without authorization.
HTAC may suspend or terminate accounts that violate these
Terms.
6. Purchases and Payment
By purchasing any product or service, you represent that:
- you are legally authorized to enter into binding
agreements; - your payment information is accurate;
- you have authorization to use the selected payment
method; - you
agree to pay all applicable charges.
Payments are processed through secure third-party payment
processors, including but not limited to:
- Stripe
- Shopify Payments
- PayPal
- other
authorized processors
HTAC does not store complete payment card information and is
not responsible for the privacy, security, or practices of third-party payment
providers.
Accepted payment methods may include:
- Visa
- MasterCard
- American Express
- Discover
- Apple Pay
- Google Pay
- Shop Pay
- other
payment methods displayed during checkout.
7. Pricing
All prices are listed in U.S. Dollars (USD).
Unless otherwise stated:
- prices include applicable taxes where required;
- additional fees (shipping, processing, travel,
lodging, facility fees, etc.) may apply; - promotional pricing may expire without notice;
- discounts
cannot be combined unless specifically authorized.
HTAC reserves the right to:
- modify pricing;
- discontinue promotions;
- correct pricing errors;
- cancel
orders affected by pricing inaccuracies.
If an order is canceled due to a pricing error, any payment
collected will be refunded.
8. Training Registration
Registration is considered complete only after:
- payment has been successfully processed; or
- an
agency purchase order or written billing agreement has been accepted.
Course seating is limited.
Enrollment is generally processed on a first-paid,
first-served basis.
HTAC reserves the right to:
- deny registration;
- establish enrollment limits;
- cancel registrations;
- place students on waiting lists;
- require prerequisites;
- request
proof of eligibility.
9. Agency Registrations
Government agencies, corporations, educational institutions,
healthcare organizations, and private employers may register employees under
purchase orders or contractual agreements.
The registering organization is responsible for ensuring:
- participant eligibility;
- payment;
- attendance;
- compliance
with these Terms.
Organizations are responsible for providing accurate
participant information before course attendance.
10. Customized Training and Consulting Engagements
HTAC provides customized consulting and organizational
services including:
- Organizational Development
- Leadership Consulting
- Strategic Planning
- Curriculum Development
- Organizational Assessments
- Threat Assessments
- Crisis Management Planning
- Communication Strategy
- Policy Review
- Business Optimization
- Executive Coaching
- Team
Development
Consulting services are governed by:
- these Terms;
- any executed consulting agreement;
- any signed Statement of Work (SOW);
- any
client contract or proposal accepted by both parties.
Where a separate written agreement exists, that agreement
governs in the event of a conflict.
11. Consulting Recommendations
HTAC provides professional recommendations based upon:
- information supplied by the client;
- interviews;
- observations;
- organizational documentation;
- industry standards;
- accepted
professional practices.
Implementation decisions remain solely the responsibility of
the client.
HTAC does not guarantee:
- financial outcomes;
- litigation avoidance;
- regulatory compliance;
- employee performance;
- organizational improvements;
- hiring outcomes;
- retention improvements;
- operational
success.
Recommendations are advisory in nature and should be
evaluated by the client in conjunction with legal counsel, human resources
professionals, executive leadership, risk management personnel, or other
qualified advisors when appropriate.
12. Professional Education Disclaimer
HTAC provides professional education and consulting
services.
Our training is intended to enhance professional knowledge
and practical skills.
Completion of any HTAC course does not:
- constitute legal advice;
- establish a professional certification unless
expressly stated; - guarantee employment;
- guarantee promotion;
- create any employer-employee relationship;
- replace agency policies;
- replace POST requirements;
- replace licensing requirements;
- replace professional supervision;
- replace
medical or psychological treatment.
Participants remain solely responsible for complying with:
- employer policies;
- applicable laws;
- licensing standards;
- POST regulations;
- professional ethical obligations;
- organizational
directives.
13. Cancellation and Refund Policy
Registration cancellations and refunds are governed by the
separate Cancellation and Refund Policy published on our website, which
is incorporated into these Terms by reference.
By registering for a course or purchasing services, you
acknowledge that you have read and agree to the applicable Cancellation and
Refund Policy.
14. Changes to Courses and Services
HTAC reserves the right to modify, reschedule, postpone,
relocate, substitute instructors for, or cancel any course, webinar, consulting
engagement, or service at any time due to operational needs, instructor
availability, enrollment levels, emergencies, or circumstances beyond our
reasonable control.
When practical, affected participants will be notified using
the contact information provided during registration.
HTAC's responsibility in such cases is limited to the
remedies described in our Cancellation and Refund Policy.
End of Part 1
Terms of Service – Part 2
Intellectual Property, Online Learning, Course
Participation & Professional Conduct
15. Intellectual Property Rights
All materials created, developed, published, or distributed
by Holguin Training & Consulting, LLC ("HTAC") are
protected by United States copyright, trademark, trade secret, and other
applicable intellectual property laws.
Unless expressly authorized in writing, HTAC retains all
ownership rights, title, and interest in all proprietary materials, including
but not limited to:
- Training curricula
- Lesson plans
- Instructor guides
- Student manuals
- Workbooks
- Presentations
- PowerPoint slides
- Graphics and illustrations
- Infographics
- Videos and recordings
- Online courses
- Learning Management System (LMS) content
- Case studies
- Scenarios
- Assessments, quizzes, and examinations
- Certification materials
- Consulting reports
- Organizational assessments
- Templates
- Forms
- Policies and procedures developed by HTAC
- Logos,
trademarks, branding, and website content
The purchase of a course, consulting service, or digital
product grants only the limited rights expressly described in these Terms and
does not transfer ownership of any intellectual property.
16. Limited License
Upon purchase or lawful access, HTAC grants participants a
limited, personal, non-exclusive, non-transferable, revocable license to use
purchased materials solely for their individual educational or organizational
purposes.
Except where expressly authorized in writing, users may not:
- copy course materials;
- reproduce presentations;
- upload materials to another website or LMS;
- modify course content;
- create derivative works;
- distribute electronic or printed copies;
- share login credentials;
- sublicense materials;
- publicly display materials;
- sell or resell materials;
- use materials to teach competing courses;
- incorporate
HTAC materials into another training program.
Violation of this license may result in immediate
termination of access and legal action.
17. Artificial Intelligence (AI) Use Policy
HTAC recognizes that artificial intelligence tools can
support learning; however, our proprietary training materials remain protected
intellectual property.
Unless expressly authorized in writing, participants may not
use artificial intelligence platforms or automated technologies to:
- reproduce course materials;
- summarize proprietary course content for
redistribution; - generate derivative training materials;
- recreate HTAC lesson plans;
- build competing courses;
- train AI models using HTAC proprietary content;
- upload
protected course materials into public AI platforms for commercial
purposes.
Personal note-taking using AI tools for an individual's
private educational use is permitted provided that proprietary materials are
not redistributed or used to develop competing products or services.
18. Recording and Photography
To protect the privacy of participants and the integrity of
HTAC's proprietary training materials, no participant may, without prior
written permission:
- audio record training;
- video record training;
- livestream any portion of training;
- photograph copyrighted instructional materials;
- photograph assessments or examinations;
- reproduce classroom presentations;
- distribute
recordings or photographs.
Unauthorized recording or distribution may result in removal
from the course without refund and may subject the participant to legal action.
19. HTAC Photography and Media Release
HTAC may photograph, video record, or otherwise capture
portions of courses, conferences, or consulting events for educational,
marketing, promotional, or archival purposes.
By attending an HTAC event, participants grant HTAC
permission to use their likeness in photographs, videos, and promotional
materials unless the participant provides written notice requesting exclusion
before the event begins.
HTAC will make reasonable efforts to accommodate such
requests but cannot guarantee exclusion from all group photographs or
recordings.
20. Online Courses
Access to HTAC online courses is provided solely to the
registered participant or authorized organization.
Participants agree that they will not:
- share login credentials;
- allow others to complete coursework under their
account; - circumvent course security;
- copy online content;
- download protected videos without authorization;
- attempt
to bypass technical protections.
HTAC reserves the right to suspend or terminate access for
violations of these Terms.
Unless otherwise specified, online course access periods
begin on the date access is granted and may expire according to the enrollment
terms applicable to that course.
21. Digital Downloads
Digital products, downloadable documents, templates,
checklists, manuals, and instructional resources are licensed—not sold.
Due to the nature of digital products:
- all sales are final unless otherwise stated;
- downloaded products may not be exchanged;
- downloaded products may not be redistributed;
- access
may be revoked if misuse is discovered.
22. Attendance Requirements
Participants are expected to arrive on time and attend the
entire course.
HTAC reserves the right to deny certificates of completion
to participants who:
- arrive excessively late;
- leave before course completion;
- fail to participate in required activities;
- violate classroom policies;
- fail
required examinations or practical evaluations, where applicable.
Courses that require participation in group exercises,
practical scenarios, or competency demonstrations must be completed as
instructed by the course facilitator.
23. Certificates of Completion
Certificates are issued only after participants successfully
satisfy all course requirements, which may include:
- attendance;
- participation;
- practical exercises;
- written examinations;
- competency demonstrations;
- agency-required
standards.
HTAC reserves the right to withhold certificates when
requirements are not met.
Issuance of a certificate does not constitute:
- state certification;
- professional licensure;
- employment qualification;
- legal authorization to perform regulated duties;
- POST
certification unless specifically identified.
24. Professional Conduct
Participants are expected to conduct themselves
professionally at all times.
HTAC strives to provide a respectful, inclusive, and
productive learning environment.
Participants may be removed from any training without refund
for conduct including, but not limited to:
- harassment;
- discrimination;
- threats or intimidation;
- disruptive behavior;
- repeated profanity directed toward others;
- bullying;
- violence or threats of violence;
- possession of illegal substances;
- intoxication;
- refusal to follow instructor directions;
- destruction of property;
- unauthorized recording;
- academic dishonesty;
- behavior
that jeopardizes participant safety.
Removal from a course does not entitle the participant to a
refund.
25. Academic Integrity
Participants are expected to complete all examinations,
assignments, and assessments honestly.
Prohibited conduct includes:
- cheating;
- plagiarism;
- submitting another person's work;
- falsifying attendance;
- impersonating another participant;
- sharing examination content;
- unauthorized
collaboration on graded assessments.
HTAC reserves the right to invalidate assessment results and
deny course completion for violations of this policy.
26. Confidentiality During Training
Many HTAC courses involve discussion of real-world
incidents, organizational challenges, or participant experiences.
Participants agree to respect the confidentiality of other
attendees and refrain from disclosing confidential organizational information
shared during training unless authorized by the originating organization.
HTAC likewise treats client information, consulting
deliverables, and proprietary organizational data as confidential except where
disclosure is required by law or authorized by the client.
27. Accessibility and Accommodations
HTAC is committed to providing accessible learning
environments consistent with applicable law.
Participants requiring reasonable accommodations should
notify HTAC as early as practicable before the scheduled course.
Requests will be evaluated individually, and reasonable
efforts will be made to provide appropriate accommodations that do not
fundamentally alter the nature of the training or impose an undue burden.
28. Third-Party Venues
Many HTAC courses are conducted at facilities owned or
operated by third parties.
Participants agree to comply with all applicable facility
rules, security requirements, safety procedures, and parking regulations while
attending training.
HTAC is not responsible for personal property lost, stolen,
or damaged while attending training at third-party locations.
29. Hosted Agency Responsibilities
For agency-hosted training, the host organization is
responsible for providing, unless otherwise agreed in writing:
- an appropriate training venue;
- necessary audiovisual equipment;
- participant registration and communication;
- internet access (when required);
- parking or facility access information;
- a
safe and suitable learning environment.
HTAC reserves the right to postpone, relocate, or cancel
training if the venue is unsuitable or unsafe for instruction.
End of Part 2
Terms of Service – Part 3
Website Use, Warranties, Liability, Legal Terms &
Contact Information
30. Website Availability
Holguin Training & Consulting, LLC ("HTAC")
strives to keep its website and online services available and functioning
properly. However, we do not guarantee uninterrupted or error-free access.
The Website and its services may be temporarily unavailable
due to:
- scheduled maintenance;
- software updates;
- equipment failures;
- internet service interruptions;
- cybersecurity incidents;
- natural disasters;
- acts
beyond our reasonable control.
HTAC reserves the right to modify, suspend, discontinue, or
remove any portion of the Website or its services without prior notice.
31. Accuracy of Information
While HTAC makes reasonable efforts to ensure that
information on the Website is accurate and current, we do not warrant that all
information is complete, accurate, or free from errors.
Course descriptions, pricing, schedules, instructor
assignments, continuing education approvals, availability, and other
information are subject to change without notice.
The Website may contain typographical errors, technical
inaccuracies, or omissions.
HTAC reserves the right to correct errors, update
information, and modify content at any time.
32. Third-Party Websites and Services
The Website may contain links to third-party websites,
payment processors, learning platforms, social media platforms, or other online
resources.
These links are provided solely for your convenience.
HTAC does not:
- control third-party websites;
- endorse third-party content;
- guarantee third-party services;
- accept responsibility for third-party privacy
practices; - warrant
the accuracy of third-party information.
Your use of third-party websites is governed solely by their
own terms and privacy policies.
33. No Legal, Medical, or Psychological Advice
HTAC provides educational and consulting services only.
Nothing contained in our training programs, publications,
videos, presentations, consulting reports, or website constitutes:
- legal advice;
- medical advice;
- psychological treatment;
- clinical supervision;
- human resources advice;
- employment law advice;
- licensed
mental health services.
Organizations and individuals should consult qualified
professionals regarding legal, medical, employment, psychological, or
regulatory matters.
34. Disclaimer of Warranties
THE WEBSITE, TRAINING COURSES, DIGITAL PRODUCTS, CONSULTING
SERVICES, DOWNLOADABLE MATERIALS, AND ALL OTHER SERVICES ARE PROVIDED "AS
IS" AND "AS AVAILABLE."
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HTAC DISCLAIMS ALL
WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT
NOT LIMITED TO:
- merchantability;
- fitness for a particular purpose;
- non-infringement;
- uninterrupted availability;
- freedom from computer viruses or malicious code;
- accuracy of information;
- professional outcomes;
- educational outcomes;
- business
outcomes.
HTAC DOES NOT WARRANT THAT:
- THE WEBSITE WILL ALWAYS BE AVAILABLE;
- COURSES WILL MEET EVERY PARTICIPANT'S EXPECTATIONS;
- TRAINING WILL RESULT IN EMPLOYMENT OR PROMOTION;
- CONSULTING WILL GUARANTEE SPECIFIC ORGANIZATIONAL
RESULTS; - DIGITAL
PRODUCTS WILL BE ERROR FREE.
35. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, HTAC, ITS MEMBERS,
EMPLOYEES, INSTRUCTORS, CONTRACTORS, AFFILIATES, AGENTS, AND REPRESENTATIVES
SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,
EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO:
- WEBSITE USE;
- COURSE PARTICIPATION;
- CONSULTING SERVICES;
- DIGITAL PRODUCTS;
- TRAINING MATERIALS;
- COURSE CANCELLATIONS;
- TECHNICAL FAILURES;
- DATA LOSS;
- LOST PROFITS;
- LOST BUSINESS OPPORTUNITIES;
- LOST WAGES;
- TRAVEL COSTS;
- LODGING EXPENSES;
- PROFESSIONAL DECISIONS;
- EMPLOYMENT
ACTIONS.
IF HTAC IS FOUND LIABLE FOR ANY CLAIM ARISING FROM THESE
TERMS OR THE SERVICES PROVIDED, HTAC'S TOTAL LIABILITY SHALL NOT EXCEED THE
AMOUNT ACTUALLY PAID BY THE CUSTOMER FOR THE SPECIFIC PRODUCT OR SERVICE GIVING
RISE TO THE CLAIM.
Some jurisdictions do not allow certain limitations of
liability. In such jurisdictions, the above limitations shall apply only to the
extent permitted by applicable law.
36. Assumption of Risk
Participants acknowledge that certain training programs may
include classroom exercises, scenario-based learning, simulations,
role-playing, or discussions involving stressful or emotionally sensitive
topics.
By participating, you voluntarily assume all risks
associated with participation and agree to exercise appropriate judgment and
personal responsibility throughout the training.
Participants remain responsible for following all applicable
safety instructions and agency policies.
37. Indemnification
You agree to defend, indemnify, and hold harmless Holguin
Training & Consulting, LLC, its members, employees, contractors,
instructors, affiliates, agents, successors, and assigns from and against any
claims, liabilities, damages, judgments, losses, costs, expenses, or reasonable
attorneys' fees arising out of or related to:
- your violation of these Terms;
- misuse of HTAC materials;
- infringement of intellectual property rights;
- unlawful use of the Website;
- negligent or intentional misconduct;
- violation
of applicable laws or regulations.
38. Force Majeure
HTAC shall not be liable for delays or failure to perform
resulting from circumstances beyond its reasonable control, including but not
limited to:
- natural disasters;
- earthquakes;
- floods;
- wildfires;
- severe weather;
- pandemics;
- epidemics;
- government actions;
- labor disputes;
- civil unrest;
- acts of terrorism;
- cyberattacks;
- utility failures;
- internet outages;
- transportation disruptions;
- instructor illness or emergency;
- venue
closures.
In such cases, HTAC may postpone, reschedule, relocate, or
cancel services without further liability beyond any remedies provided in the
applicable Cancellation and Refund Policy.
39. Privacy
Your use of the Website is also governed by HTAC's Privacy
Policy, which explains how personal information is collected, used, stored, and
protected.
By using the Website, you acknowledge that you have reviewed
and agree to the Privacy Policy.
40. Copyright & DMCA
HTAC respects the intellectual property rights of others and
expects users to do the same.
If you believe that material appearing on our Website
infringes your copyright, trademark, or other intellectual property rights,
please submit a written notice containing:
- your name and contact information;
- identification of the copyrighted work;
- identification of the allegedly infringing material;
- the URL where the material appears;
- a statement made under penalty of perjury that your
claim is made in good faith; - your
physical or electronic signature.
HTAC will investigate properly submitted notices and take
appropriate action consistent with applicable law.
41. Governing Law
These Terms shall be governed by and interpreted in
accordance with the laws of the State of California, without regard to
conflict-of-law principles.
The United Nations Convention on Contracts for the
International Sale of Goods shall not apply.
42. Dispute Resolution
The parties agree to make a good-faith effort to resolve any
dispute informally before initiating litigation.
If informal resolution is unsuccessful, any legal action
arising from these Terms or the use of HTAC's services shall be brought
exclusively in the state or federal courts located in Los Angeles County,
California, unless applicable law requires otherwise.
Each party agrees to submit to the personal jurisdiction of
those courts.
43. Class Action Waiver
To the fullest extent permitted by law, you and HTAC agree
that any claims shall be brought solely on an individual basis.
Neither party shall participate in:
- class actions;
- representative actions;
- collective actions;
- private
attorney general actions,
unless prohibited by applicable law.
44. Severability
If any provision of these Terms is found to be invalid,
illegal, or unenforceable, the remaining provisions shall continue in full
force and effect.
45. No Waiver
Failure by HTAC to enforce any provision of these Terms
shall not constitute a waiver of that provision or any other rights.
46. Assignment
HTAC may assign or transfer its rights and obligations under
these Terms without restriction.
You may not assign your rights or obligations under these
Terms without HTAC's prior written consent.
47. Entire Agreement
These Terms, together with the Privacy Policy, Cancellation
and Refund Policy, and any executed client agreement, Statement of Work,
proposal, or service contract, constitute the entire agreement between you and
HTAC concerning the use of the Website and the services provided.
They supersede all prior oral or written understandings
regarding the subject matter addressed herein.
48. Electronic Acceptance
By accessing the Website, registering for training,
purchasing services, clicking an "I Agree" button, checking an
acceptance box, submitting payment, or otherwise using HTAC's services, you
acknowledge that you have read, understood, and agree to be legally bound by
these Terms.
Electronic acceptance shall have the same force and effect
as a handwritten signature.
49. Changes to These Terms
HTAC reserves the right to modify these Terms at any time.
Updated versions will become effective upon posting to the
Website unless a later effective date is specified.
Your continued use of the Website or our services after
changes become effective constitutes acceptance of the revised Terms.
50. Contact Information
If you have questions regarding these Terms of Service,
please contact:
Holguin Training & Consulting, LLC
Website:
https://www.holguintraining.com
Email:
info@holguintraining.com
Business Phone:(909) 351-8414
End of Part 3