Last updated: September 12, 2018
OBA LLC, hereafter called OBA, provides its products and services to you subject to the following Terms of Use (“Terms”), which may be updated by OBA from time to time. By visiting and using this website you will be accepting these Terms. Please read them carefully and if you disagree with the Terms in any way, do not use this website. OBA reserves the right to post changes to the Terms on this website at any time. By your continued use of the website thereafter, you agree to be bound by the new version of our Terms. If any changes in the Terms are not acceptable to you, you must discontinue your use of this website. Modifications will be notified to users as specified below. Your use of OBA software and services, access to OBA software and services, and affiliated websites is governed by these Terms.
1. Acceptance of Agreement
By accessing obalearn.com (the “Site”), using products and services (the “Services”) offered by OBA, subscribing or ordering Services online, or accepting the Terms electronically, you agree to be subject to these Terms and any additional terms and conditions found on any of our affiliated websites that may apply. If you do not agree to these Terms or any affiliated Terms of Use, please do not use the Site or Service.
In consideration of your use of the Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of your jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Services’ registration forms (such information being the “Client Data”) and (b) maintain and promptly update the Client Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or OBA has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, OBA has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
2. Modifications to Terms of Use
OBA may modify this Agreement from time to time. When we do, we will notify you by email. It is therefore very important that you make sure to tell us when your email address changes. You may do so by updating the information in your account profile or emailing customer service at[email protected]
Any changes to this Agreement will also be reflected on the Website. If you continue to use the Website after any modification to this Agreement has been posted you agree to be bound by the new Agreement. If you do not wish to be bound by the new Agreement, do not use the Website.
3. Description of Services
OBA provides world-class training modules for business professionals in the areas of accounting, finance, cost management, and general business practices. These modules can be accessed through the Internet using mobile devices, laptops, or desktop computers. Our training modules can be supplemented with other materials such as e-books, practice exercises, and handouts, to maximize the acquisition and transfer of knowledge.
4. Modifications to Services
OBA reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. OBA reserves the right, in its sole discretion, to make any necessary updates, modifications and adjustments at any time to the product descriptions, warranties, and prices without prior notice. You agree that OBA will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
OBA endeavors to provide content on the Site and affiliated sites that is current and accurate. Errors and misprints may occur. OBA reserves the right to reject, correct, cancel or terminate any order for goods or services for which the price was incorrectly displayed or where OBA displayed erroneous or inaccurate information. OBA reserves this right at any stage of ordering processing, including after an order has been submitted. OBA is not obligated to sell products or services based on errors or misprints on our website.
5. Description of Products
Our training modules consist of short videos in English and Spanish that can be taken standalone or as part of a series, and are accompanied by practice exercises, additional materials, a questions and answers section, and an assessment that measures the level of mastery acquired by the user. We also sell eBooks that complement our training modules. Users can purchase content on demand or on a subscription basis. We also provide free content for our users: selected training modules, an English-Spanish glossary of key accounting and cost management terms, micro modules, a financial blog, and a questions and answer section. OBA also provides customization services for corporations that choose to adapt our products to their particular business environment. The products may be shown under Customize are for demo purposes only and should not be used for any purpose, other than for OBA demo purposes.
6. No financial, accounting, or legal advice provided
Our web site is designed to provide accurate and authoritative information in regard to the subject matter covered. It is distributed with the understanding that OBA is not engaged in rendering legal, accounting, or other professional service. The use of our materials is not a substitute for professional advice. If such expert advice is required, the user should hire the services of a competent professional.
7. Minors
We do not provide information or services to minors, and if you are under 18 you may only use this site with the active involvement of a parent, guardian or other supervising adult.
8. Viruses
OBA does not guarantee that files available for downloading through its website will be free of infection or viruses or other code that may have contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for integrity, security and accuracy of data input and output, and for maintaining a means external to the site for the reconstruction of any lost data.
9. Password Protected Areas
Some areas of the OBA site (“Password Protected Areas”) are password protected and available only to registered users or paid subscribers. Access to our Password Protected Areas requires users to fully complete the account registration process. OBA reserves the right to deny or revoke registration or access to Password Protected Areas for any user. OBA takes reasonable measures to ensure the security of the Password Protected Areas but cannot guarantee the absolute security of information or communications in such Password Protected Areas. Users are responsible for maintaining the security of the password they receive from OBA and must notify us if they believe that the security of their password or account has been breached or subject to unauthorized use. OBA will not be liable for any loss or liability incurred as a result of an unauthorized person using a user’s account and password.
10. Privacy
Client data and certain other information about you are subject to our Privacy Policy as set forth at www.obalearn.com. You understand that through your use of the Services, you consent to the collection, use and disclosure of this information, only as permitted by our Privacy Policy, including the transfer of this information to the United States and/or other countries for storage, processing, and use by OBA and its affiliates as necessary to provide the Services to you.
11. Authorized use of Materials on Website
OBA grants you a limited, non-exclusive license to access and use the materials on the OBA web site for your own personal, non-commercial purposes. This license cannot be assigned or transferred to anyone else. OBA materials can be accessed from any approved device with an Internet connection; however, access is limited to one device at a time. The access and time limitations of our content are defined in the subscription plans, which are chosen by the user, and can be modified at any time. You may not use any material on our web site for commercial purposes, unless you have obtained license for commercial use from OBA. For more information on these topics, see the Help section on our web site.
All information and material and content published or accessible through the Site are protected by copyright, trademark and other intellectual property and proprietary rights and laws, except where indicated otherwise. All source code is owned or licensed by OBA except where expressly indicated otherwise, and may not be used or copied without permission. Certain names, words, titles, phrases, logos, icons, graphics, designs or other content on the Site are trade names or trade-marks owned by OBA or third parties, and may not be used without permission. You may not modify, copy, distribute, transmit, display, perform, reproduce or use for commercial purposes any information or services obtained from the Site without proper authority from OBA, except as expressly stated above.
12. Links to Third Parties
Links to third-party websites from the Site are meant for convenience only. OBA does not review or control these third-party websites and is not responsible for any third-party websites or the content of those sites. Inclusion of any linked website does not imply approval or endorsement of the linked website by us. Linking to any other site is at your own sole risk and OBA will not be responsible or liable for any damages associated with linking.
13. Terminating Your Account
You can delete your account at any time by sending an email to [email protected]. Deleting your account will permanently erase all information related to your account including information on training modules completed and certificates of completion, which cannot be recovered. We will confirm your account deletion via email.
We may retain certain information as required by our accrediting organization or as necessary for our legitimate business purposes. All provisions of this agreement survive the termination of an account, including our rights regarding any content you’ve already.
14. Disclaimer
Our web site is designed to provide accurate and authoritative information in regard to the subject matter covered. It is distributed with the understanding that OBA is not engaged in rendering legal, accounting, or other professional service. The use of our materials is not a substitute for professional advice. If such expert advice is required, the user should hire the services of a competent professional.
OBA and its employees, agents, affiliates, partners and suppliers provide all Content and Services available through the OBA and its affiliates websites “as is”, without warranties, representations and conditions of any kind, whether express or implied. OBA makes no representation, warranty or guarantee of the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the site, the Services, or of any Content the site. The website, the Content, and the Services are provided to you strictly on an “as is” basis. Except as specifically set forth in this agreement, all conditions, representations and warranties regarding the website, the Content, and the Services, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantable quality, merchantability, fitness for a particular use or purpose, or non-infringement of third party rights, are disclaimed to the maximum extent permitted by applicable law by OBA.
15.Limitation of Liability
Under no circumstances, including, but not limited to negligence, shall OBA nor any of its partners, associates, employees, agents, successors, assigns, affiliates, or content or service providers be liable to you or any other site user or any third party for any damages of any kind, including without limitation loss of profits or other economic loss, or for any direct, indirect, exemplary, incidental, punitive, special or consequential damages, even if advised of the possibility of such damages, arising out of the posting or non-posting of documents and information, the design, functionality or use of the website, the reliance on any statement or advice from any other user of the website, or inability to gain access to or use the website or any part thereof or to any documents and information, or out of any breach of any warranty, express or implied.
16. Indemnification
You agree to indemnify and hold OBA, its affiliates, partners, attorneys, staff, and each of their respective directors, officers, employees, consultants, agents and suppliers harmless from any costs or damages or any kind, including reasonable legal fees, arising from a claim or lawsuit pertaining to your use of the Content or Services, breach of these Terms of Use, or your violation of any rights of another, except to the extent where you can show that such costs or damages were caused by OBA.
16. Severability of Clauses
If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. Subheadings used in the Terms of Use are not to be used to construe or interpret the Terms.
17. Good Samaritan Third-Party Content Policy & Complaint Procedures
It is our policy not to tolerate any acts of intellectual property infringement or violations of U.S. law or to allow for any child pornography or obscene or defamatory Material to be posted on this site. We will do our best, in good faith, to remove, disable or restrict access to or the availability of Material that, in our subjective view, is infringing, racist, obscene, obscene as to minors, child pornography, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable. The provisions of this Section are intended to implement this policy but are not intended to impose a contractual obligation on us to undertake, or refrain from undertaking, any particular course of conduct.
It is the policy of OBA to terminate, in appropriate circumstances, the rights of subscribers or account holders who are repeat infringers to access or use this service. By subscribing to our services, you agree not to post, host, transmit or store on our servers any software, audio or video files, photographs, images, documents, text or other material (“Content”) that infringes any third party’s copyrights. You further expressly agree that we may disable access to or remove any Content from our servers (including, but not limited to, Content which you have posted, hosted, transmitted or stored) which we believe to be infringing (whether or not we are in fact correct in our assessment) or which is the subject of a Notification duly sent to us pursuant to the Digital Millennium Copyright Act. If you believe that we have mistakenly disabled access to or removed Content that is non-infringing, you may contact us at [email protected], in which case we will provide you with a copy of the Notification or the basis for our action to help you resolve the matter directly with the copyright owner. You agree that under no circumstances may we be held liable for removing or disabling access to Content.
If you believe that someone has posted material at this website which infringes the intellectual property or other rights of third parties or which is in violation of U.S. law or which is racist, sexist, obscene, harassing, defamatory, or otherwise objectionable, or which constitutes child pornography, we ask you to promptly notify us by email at the following address: [email protected]. You must use this address if you want to ensure that your complaint is actually received by the appropriate person charged with responding to such communications. In order to respond as quickly as possible to any complaint, please provide us with as much detail as possible, including (1) the nature of the right infringed or violated (including the registration numbers of any registered copyrights, trademarks or patents allegedly infringed); (2) all facts which lead you to believe that a right has been violated or infringed; (3) the precise location where the offending material is located; (4) any grounds to believe that the person who posted the material was not authorized to do so or did not have a valid defense (including the defense of fair use); and (5) if known, the identity of the person or persons who posted the infringing or offending material
19. Entire Agreement
The Terms, and any application Additional Terms or other terms herein incorporated by reference, constitute the entire agreement between you and OBA and govern your use of the Site, Content and the Services, superseding any prior agreement, whether oral or written. You shall be subject to additional terms and conditions that may apply when you use or purchase certain OBA services, affiliate services, third-party content or third-party software.
20. Waiver
The failure of OBA to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
21. Non-Transferable
This Agreement is not transferable by you in any way and may not be assigned to any third party without our written consent. OBA may transfer this agreement to a third party without notice to you.
22. No Third Party Rights
No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.
23. Revisions to the Terms of Use
We may revise these Terms of Use from time to time. The changes will not be retroactive, and the most current version of the Terms of Use, which will always be located on the Site, will govern our relationship with you. We will try to notify you of material revisions; for example, via a service notification posted to the Site or an email to the email associated with your account. Your continued use of the Site constitutes your acceptance of any such revisions. You should periodically visit this page to review the current Terms of Use.
24.Forum Choice
The Terms of Use and the relationship between you and OBA shall be governed and construed by the laws of the Commonwealth of Puerto Rico and the applicable laws of the Commonwealth of Puerto Rico and the United States, without regard to its conflict of laws provisions. You hereby consent and submit to the personal and exclusive jurisdiction of the courts of the Commonwealth of Puerto Rico in any action or dispute related to this Terms of Use.
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