NOPMARK

Nopmark Consulting, LLC Terms of Service

Effective Date: July 2025

Welcome to Nopmark! These Terms of Service (“Terms”) govern your use of our website, products, services, training courses, and any other offerings provided by Nopmark Consulting, LLC (“Nopmark,” “we,” “us,” or “our”).

By accessing or using any of our services, including self-paced online courses, live virtual classes, in-person or onsite training, custom corporate courses, and exam preparation resources (collectively, the “Services”), you agree to these Terms. If you do not agree, do not use our Services.

1. Services Offered Nopmark provides: 

• Self-paced online training courses
• Live instructor-led virtual training
• In-person public training sessions
• Onsite training at customer facilities
• Customized or tailored corporate training programs
• Exam preparation materials and support for third-party certifications

Prices for our Services are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Certain Services may be available exclusively online through the website. These Services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our Services that appear on the website. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of Services or Service pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any Service at any time. Any offer for any product or service made on this site is void where prohibited.

1.1 Onsite and Custom Corporate Training

For training delivered at a client’s location or custom-designed for a corporate customer, the following additional terms apply unless superseded by a signed agreement or statement of work (SOW):

• The client is responsible for providing a safe and appropriate training environment and shall comply with all applicable health and safety regulations.
• Nopmark shall not be liable for any injury, damage, or loss occurring at the client’s site.
• Unless otherwise agreed in writing, all training materials and content remain the sole property of Nopmark and may not be copied, distributed, or used for internal instruction without express permission.
• Custom course deliverables will be outlined in a separate agreement and subject to mutually agreed terms.

2. Eligibility and Account Registration You must be at least 18 years old (or the age of majority in your jurisdiction) to register for our Services. You are responsible for maintaining the confidentiality of your login credentials and agree not to share access with others unless explicitly authorized by us.

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, visit: https://www.nopmark.com/pages/privacy.

3. Payments and Subscriptions You may access our Services through one-time purchases or subscriptions. 

• Subscriptions and Recurring Billing: Some of our Services may be offered as subscription-based products with recurring billing. By purchasing a subscription, you authorize Nopmark to charge your payment method at the stated billing interval (e.g., monthly or annually) until you cancel. 

  All subscription terms, including renewal intervals and prices, will be disclosed at the time of purchase. 

  You may cancel your subscription at any time by logging into your account or contacting us. Cancellations will apply to future charges only and will not result in a retroactive refund unless required by law. 

  We comply with all applicable laws, including California’s Automatic Renewal Law, which requires clear disclosure and easy cancellation of subscription services. 

• Auto-Renewal: Subscriptions renew automatically unless canceled before the renewal date. You may cancel anytime by logging into your account. 
• One-Time Purchases: These grant time-limited access to specific Services as described at the point of sale. 
• Payment Processors: We use secure third-party processors to handle payments. We do not store credit card information.

We may refuse or cancel any order for security, compliance, or operational reasons. If this occurs, we will make reasonable efforts to contact you using the information provided at the time of purchase. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

4. Cancellation and Refund Policy

• Self-Paced Courses: Eligible for a full refund within 14 days of purchase if not accessed. 
• Instructor-Led Public Courses:
  • Full refund if canceled 30+ days before start date 
  • 50% refund if canceled 15–29 days before start date 
  • No refund if canceled within 14 days of start date 
• Provider-Initiated Cancellations:In the event that Nopmark cancels or reschedules a training course, including virtual or in-person instructor-led classes, you will be entitled to either: (a) a full refund of the purchase price, or (b) enrollment in a future session of the same course at no additional cost. 

  We will make reasonable efforts to notify you promptly via the contact information you provided during registration.

• Custom and Onsite Training: Subject to terms in the service agreement or statement of work (SOW).
• Exam Voucher: No refunds for exam vouchers that have been delivered.

5. Use of Services You agree not to:

• Share, resell, or sublicense access to our Services 
• Copy, record, distribute, or create derivative works from our course content 
• Disrupt classes or violate our code of conduct 
• Use our Services to upload or transmit harmful, illegal, or infringing content

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

You must ensure that you and your employees and contracted third-parties do not, either directly or indirectly:

• reverse engineer, decompile, disassemble, decrypt or otherwise attempt to discover the content or underlying structure, ideas, know-how or training materials relevant to the Services or access the Services, or write or develop any training materials or training courses based on the Services or any portion thereof, in order to build a similar or competitive product or service or copy any ideas, features, functions, or graphics of the Services;
• circumvent or attempt to circumvent any limitations imposed on your account including any license, timing or use restrictions that are built into the Services;
• lend, sell, resell, lease, sublicense, transfer, assign, distribute, grant a security interest in, or otherwise use the Services for the benefit of parties outside the registered individuals of the Service, unless we have given you prior written authorization;
• modify, translate, or create derivative works based on the Services or any software, hardware, documentation or data related to the Services, in whole or part, or reproduce, duplicate, copy, or exploit any portion of the Services in whole or in part except to the extent expressly permitted in writing by Nopmark Consulting LLC or authorized within the Services;
• permit the Services to be used by anyone other than the registered Account Owner (the individual or entity that registers for access to Nopmark Services and is responsible for compliance with these Terms);
• use the Services to advertise, promote or market competitor platforms to nopmark.com or for any third party’s interests or benefit, other than for the proper use of the Services, without our consent;
• use any robot, spider, device, AI, technology or process to monitor or copy any data or pages within the Services without our prior written consent;
• purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Nopmark or Nopmark trademarks and/or variations and misspellings thereof, or alter or remove any trademarks or proprietary notices contained in or on the Services without our consent.

6. Intellectual Property All content, materials, and designs on our platform are owned by Nopmark or licensed to us and are protected by intellectual property laws. You may not copy, reproduce, modify, or distribute our materials without our written permission.

7. Exam Preparation Disclaimer Our courses are designed to help you prepare for third-party certification exams. However, Nopmark makes no guarantees regarding your success in passing any exam. Exam administration and certification decisions are solely made by the third-party certification bodies.

8. Third-Party Services and Vouchers If we offer exam vouchers, access to third-party tools, or link to third-party sites: 

• Certain Services may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
• We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. We are not responsible for third-party terms, availability, or performance. 
• Vouchers are provided “as is” and subject to expiration or restrictions imposed by the exam provider.
• Access to third-party tools is provided ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

We may also, in the future, offer new Services and/or features through the website (including, the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

8.1 Third-Party Certification Disclaimer

Our training programs are designed to prepare you for third-party certification exams. However, Nopmark does not administer these exams and makes no guarantee or warranty that completion of our courses will result in your passing any such exam. Success depends on your individual effort and performance on the exam administered by the independent certifying body.

9. User Comments, Feedback, and Other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

10. Onsite and Custom Training Onsite or custom-tailored training services are governed by separate contracts. In absence of such, the following applies: 

• Clients must ensure a safe training environment
• Clients assume liability for incidents occurring at their facility
• Intellectual property remains with Nopmark unless otherwise agreed

11. Disclaimer of Warranties All Services are provided “as is” without warranties of any kind. We disclaim any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee results or outcomes from using our Services.

12. Limitation of Liability To the fullest extent permitted by law, Nopmark, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors is not liable for indirect, incidental, or consequential damages. Our total liability for any claim related to the Services is limited to the amount you paid for the Services giving rise to the claim.

13. Indemnification You agree to indemnify and hold harmless Nopmark, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors from any claims, losses, or expenses (including legal fees) arising from your use of the Services or violation of these Terms.

14. Governing Law and Dispute Resolution These Terms are governed by the laws of the State of California, without regard to its conflict of laws rules. Any dispute shall be resolved in the courts located in Contra Costa County, California. You agree to submit to the personal jurisdiction of those courts.

14.1 Dispute Resolution and Venue

Any disputes or claims arising from or relating to these Terms or your use of our Services shall be resolved in the state or federal courts located in Contra Costa County, California, and you agree to submit to the personal jurisdiction of such courts.

You and Nopmark waive any right to a jury trial. In our sole discretion, we may require that any dispute be resolved by final and binding arbitration under the rules of the American Arbitration Association, in which case each party agrees to bear its own costs unless otherwise ordered by the arbitrator.

15. Severability In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

16. Termination The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

17. Entire Agreement The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

18. Modifications We may update these Terms from time to time. Material changes will be posted on our site or sent via email. Continued use of the Services after changes means you accept the updated Terms.

19. Contact Us For questions or legal inquiries: Nopmark Consulting, LLC
11040 Bollinger Canyon Road, Suite E-945
San Ramon, CA 94582 USA
Email: [email protected]

Thank you for choosing Nopmark!