AFIC/DOWC TERMS OF SERVICE AGREEMENT as of September 15, 2024

1. Introduction to Training Platform

Welcome to AFICtraining.com (“AFIC” or “Site”), an online training platform developed by Dealer Owned Warranty Company, LLC (“DOWC”)! Please read the following Terms of Service Agreement carefully before using the Site. These Terms of Service apply to all AFIC or DOWC websites or online services.

Please read the Terms of Service below prior to registering or using any portion of AFIC, which consists of all content and pages located within the AFIC training platform. These Terms of Service and the Privacy Policy are agreements (“Agreements”) between you and AFIC/DOWC setting forth the terms under which you may access and use AFIC training materials. By using this Site and registering for an account to access the training programs, whether online or in a classroom setting, you accept and agree to be legally bound by the Agreements. If you do not understand the Agreements or do not wish to be bound, you should not register an account and immediately stop use of the Site and ask an AFIC representative for more information.

You are responsible for your own use of this Site and agree that you will use it in compliance with the Agreements and all applicable local, state, national, and international laws, rules, and regulations, including copyright laws. You understand and agree that you are only authorized to obtain materials or information through the means made available by AFIC. You are not authorized to obtain or attempt to obtain any materials or information any other way.

2. Account Registration and Maintenance

Some services on the Site permit or require you to create an account to participate or to secure additional benefits. You agree to provide, maintain, and update accurate, current, and complete information about yourself as prompted by our registration processes. You must not share your account credentials with any third party.

You also agree to notify us promptly at support@afictraining.com of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Site.

If your account becomes inactive, we may delete your account and related data.

You must register an account to access the training programs. To do so, you must provide certain information about yourself. You agree that you will never share access with any third party for any reason. Your account is strictly for your use only. You represent and warrant that the information you provide is accurate and current and agree to update same as may be the case. Please visit the Privacy Policy for more information about what information we collect and how we use it.

Please note that accounts that have been inactive for three (3) months may be deactivated. “Inactive” means no purchase has been made and there is no active training program in progress and being worked on. User shall be required to register again once the account is inactive and deactivated.

Users are responsible for maintaining the confidentiality of their account information and are not authorized to share information with any third-party.

3. Course Enrollment and Completion

You have six (6) months from the date of purchase to complete a course. Your account will be deactivated six (6) months after purchase, regardless of your progress on any such course.

A certificate of completion will be awarded to you by AFIC upon achieving an average grade of no less than eighty percent (80%). Your certificate of completion represents formal notification that your registered courses have been completed in the subject areas purchased. You will not receive a certificate of completion if your courses are only substantially completed. Your certificate will be awarded in digital format and will be saved on file with AFIC for as long as your access is activated as defined above. Certificates represent that you have achieved your desired outcome for the course(s) purchased from AFIC.

Nature of AFIC Programs and Disclaimer

USE OF THE AFIC TRAINING PLATFORM IS SOLEY AT YOUR RISK. THE COURSES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. THERE ARE NO WARRANTIES PROVIDED BY AFIC OF ANY KIND, WHETHER EXPRESS OR IMPLIED. AFIC PROGRAMS ARE DESIGNED TO ENHANCE AN F&I MANAGER’S SKILLS BUT ARE NOT ACCREDITED EDUCATIONAL PROGRAMS. THE COURSES SHALL NOT BE CONSTRUED AS, NOR DO THEY OFFER, LEGAL ADVICE. YOU SHOULD CONSULT YOUR ATTORNEY FOR LEGAL ADVICE ON THE TOPICS OF INTEREST PURCHASED THROUGH AFIC. YOU AGREE THAT YOU REMAIN RESPONSIBLE FOR ANY ACTION AND/OR INACTION DURING AND AFTER COMPLETION OF THE COURSES ON AFIC.

4. Termination and Refund Policy

Training materials are available immediately upon registration. Users can terminate their purchased course for a one hundred percent (100%) refund if less than twenty-five percent (25%) of the course is completed as demonstrated on the course dashboard. Notice of termination must be provided in writing to AFIC and must occur at least sixty (60) days prior to the six (6) month deactivation deadline. To terminate, please contact AFIC support using your registered email. A refund will only be provided for course terminations that are less than fifty percent (50%) complete. The refund shall be prorated and based on the price paid and on the unused portion of the course, which may be a percentage from 25.1 percent to 50 percent of the progress No refund is provided for course terminations that are more than fifty percent (50%) complete. Refunds are processed within ten (10) business days using the original payment method.

We reserve the right to deny a refund or terminate access without refund if we determine that you copied, downloaded, or transferred any AFIC training materials without AFIC consent to a third-party or for an unlawful purpose. We may also terminate for nonpayment or for your breach of any of the terms and conditions contained in the Agreements.

5. Training Event Registration

Event registration must be confirmed by payment at least ten days before the event through the event manager at AFICtraining.com. Event fees are only for admission to the event and do not cover travel, meals, accommodation, or transportation. Cancellations must be requested forty-eight (48) hours before the event begins. No refund will be made for cancellations made less than forty-eight (48) hours before the event commencement. Full refunds are processed within ten (10) business days using the original payment method.

6. Confidentiality

AFIC training content is strictly confidential and intended solely for personal learning. Reproduction or sharing of content with parties unrelated to AFIC is prohibited.

7. Intellectual Property Rights

You are granted a non-exclusive, non-transferable, revocable license to access and use AFIC’s site strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant that you will not use AFIC for any purpose that is unlawful or prohibited by these terms. You may not use AFIC in any manner which could damage, disable, overburden, or impair AFIC or interfere with any other party’s use and enjoyment of AFIC. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through AFIC. 

All content included as part of our packages, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on AFIC is the property of AFIC or its suppliers and protected by trademark, service mark and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all trademarks and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. 

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sales of, create derivative works, or in any way exploit any of the content, in whole or in part, found on AFIC. AFIC content is owned and controlled by AFIC/DOWC and is not for resale. Your ability to access AFIC does not entitle you to make any unauthorized use of any content found on AFIC and any such use will not be allowed without the express written permission of AFIC. You agree that you do not acquire any ownership rights in any content. We do not grant you any license, express or implied, to the intellectual property of AFIC or our licensors except as expressly authorized by these terms. 

DOWC and AFIC have developed intellectual property, including content, tools, and materials that are included in its training sessions. DOWC and AFIC maintain all ownership rights and interests in and to all training content, tools, and materials. The delivery of and payment for training sessions does not imply a transfer of any ownership rights or interests and does not allow you to claim ownership or interests in any of DOWC’s or AFIC’s intellectual property. You agree to use the training materials solely for your own personal and non-commercial purposes and in compliance with the Training Program and AFIC’s Terms of Use.

8. Indemnification

You agree to indemnify, defend and hold harmless AFIC and DOWC, its officers, directors, employees, agents, subsidiaries, affiliates, successors, assigns, and third parties from and against any and all losses, costs, liabilities and their costs, expenses, claims, damages, defense costs and expenses (including but not limited to reasonable attorney’s fees) which AFIC and/or DOWC may, at any time, incur or become liable for (1) arising out of your actions or inaction under this Agreement and any addenda and amendments hereto, (2) in any way attributable to you, including, but not limited to, your use of AFIC and/or your breach of your obligations under this Agreement and any addenda and amendments hereto.  Your indemnification and duty to defend and hold harmless arises and is made regardless of whether such damage was caused in part, to any degree, by you or AFIC. You understand that the indemnity obligations arising hereunder inure to the benefit of AFIC/DOWC regardless of whether the injury or damage sustained arose out of AFIC or DOWC’s partial or concurrent negligence.  You also understand AFIC/DOWC reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you will fully cooperate with AFIC/DOWC in asserting any available defenses and reimbursing AFIC/DOWC for all fees and costs. This section shall survive the expiration and/or termination of this Agreement.

9. Dispute Resolution

You understand that in the event a dispute between us arises out of or concerning these Terms and Conditions or any provisions hereof and we are not able to resolve such dispute informally, then such dispute shall be resolved be referred to mediation and overseen before a mediator who may be a retired judge of the Superior Court of New Jersey or U.S. District Court for the District of New Jersey. Such mediation shall be binding and take place in Morris County, New Jersey. If such mediation efforts are unsuccessful, you understand and agree that any controversy that may arise under this Agreement is likely to involve complicated and difficult issues, and therefore, you irrevocably and unconditionally waive your right to have a trial by jury in respect of any legal action arising out of or relating to this Agreement. You also agree to expressly waive your rights to bring or participate in any class representative proceedings of any type or form against AFIC. If this Dispute Resolution clause is found inapplicable to the dispute or claim, this class waiver will continue to apply in litigation. You agree that this class waiver is an essential element of this Agreement and that this class waiver may not be severed. You agree that venue for any such dispute that is not successfully resolved via mediation shall be in the Superior Court of New Jersey for Morris County or the United States District Court for the District of New Jersey, Newark vicinage. You also understand and agree that the laws of the State of New Jersey shall apply.

If you seek to initiate mediation or a legal claim, as further detailed below, you must first attempt to resolve any dispute through informal negotiation by sending notice of your dispute to claims@afictraining.com with a description of the nature and basis for the dispute and the specific relief sought, at least thirty (30) days prior to taking further action. Please send all notices to support@afictraining.com.

10. Warranty Disclaimer

AFIC makes no representations or warranties about the accuracy, reliability, completeness, or timeliness of the Content or about the results to be obtained from using the Site and the Content. Any use of the Site and the Content is at your own risk.

AFIC DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE OR THEIR SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL GOODS. IF YOUR USE OF THE SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR LOSS OF PROFITS OR DATA, AFIC WILL NOT BE RESPONSIBLE FOR THOSE COSTS.

THE SITE AND CONTENT ARE PROVIDED ON AN “AS-IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. AFIC TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT OF PROPRIETARY OR THIRD-PARTY RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE.

AFIC SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION OR DATA SUBMITTED BY YOU TO THE SITE IN CONNECTION WITH ANY SERVICE ON OR FEATURE OF THE SITE, BUT YOU ACKNOWLEDGE THAT TRANSMISSIONS USING THE INTERNET ARE NEVER COMPLETELY SECURE OR PRIVATE. YOU UNDERSTAND THAT ANY MESSAGE OR INFORMATION YOU SEND TO THE SITE, EVEN IF ENCRYPTED, MAY BE READ OR INTERCEPTED BY OTHERS. THEREFORE, YOUR SUBMISSION OF SUCH INFORMATION OR DATA IS AT YOUR SOLE RISK, AND YOU HEREBY RELEASE AFIC FROM ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

AFIC IS NOT RESPONSIBLE FOR ANY DATA CHARGES YOU MAY INCUR IN CONNECTION WITH YOUR USE OF ANY SERVICE ON OR FEATURE OF THE SITE.

Liability Disclaimer

The information, software, products, and services included in or available through AFIC may include inaccuracies or typographical errors. Changes are periodically added to the information herein. AFIC may make improvements or changes on its Site at any time. 

AFIC makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained on the AFIC Site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. AFIC hereby disclaims all warranties and conditions regarding this information, software, products, services, and related graphics, including any and all implied warranties of fitness for a particular purpose, merchantability, or of title and non-infringement of intellectual property rights of a third party whether express or implied by law, courses of dealing, performance, usage of trade, or otherwise.  

To the maximum extent permitted by applicable law, in no event shall AFIC be liable under any contract or tort theory for any consequential, indirect, punitive, or special damages whatsoever (including but not limited to, damages for loss of use, data, profits, interruption arising out of or in any way connected with the use of performance of the site, with the delay or inability to use AFIC or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the site, or otherwise arising out of the use of the site) resulting from or arising in connection with this Agreement whether foreseeable or unforeseeable, regardless of the basis of the claim and even if you or your representative have been advised of the possibility of such damage in advance. AFIC’s cumulative liability for damages for any cause whatsoever, and regardless of the form of the action, will be limited to $1,000.00.

Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above disclaimer may not apply to you. If you are dissatisfied with any portion of AFIC, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue using the site. 

11. Termination

We may terminate or suspend access to AFIC immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of these Terms, which by their nature should survive termination shall survive termination including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and AFIC with respect to AFIC and it supersedes all prior or contemporaneous communications and proposals, whether written, oral, or electronic between you and AFIC with respect to AFIC. A printed version of this Agreement and of any subsequent notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of you and us that this Agreement and all related documents be written in English. 

12. Changes

We reserve the right to revise and update these Terms of Service from time to time in its sole and absolute discretion. Any revisions are effective immediately for individuals who are not holders of active service contracts and apply to all access to and use of the site thereafter, and effective thirty (30) days from posting for all individuals with an active service contract. Your continued use of the site following the posting of revised terms of sale means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

13. Notices

• To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to your account or to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

• To Us. To give us notice under these Terms, you must contact us as follows: (i) by email to support@afictraining.com; or (ii) by personal delivery, overnight courier, or registered or certified mail to AFIC c/o Dealer Owned Warranty Company, LLC 199 Pomeroy Road, Parsippany, NJ 07054. We may update the email or address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by email or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

Contact Us

If you have any other questions or concerns about these Terms, please contact us:

AFIC c/o Dealer Owned Warranty Company, LLC

199 Pomeroy Road 

Parsippany, NJ 07054

PHONE

Email: support@afictraining.com