This Dispute Resolution Agreement does not preclude any party from seeking an individualized preliminary injunction or a temporary restraining order until a claim is arbitrated, or from bringing an individualized action in small claims court, in any court that has jurisdiction; provided that the arbitrator will have exclusive jurisdiction to finally resolve claims not within the jurisdiction of a small claims court. This Dispute Resolution Agreement also does not forbid Client or Company from bringing issues to the attention of federal, state, or local agencies.
Client and Company agree that, by entering into this arbitration agreement, all parties are waiving their respective rights to a trial by jury or to participate in a class or representative action. The Federal Arbitration Act governs the interpretation and enforcement of this Dispute Resolution Agreement. With respect to all disputes or claims that arise out of or relate in any way to the IHI’s website, IHI’sCertification programs, or any services provided or supported by the Company, this Dispute Resolution Agreement supersedes any contrary terms regarding dispute resolution in any other agreement between the parties
Whereas International Hospitality Institute (hereinafter referred to as “IHI”, or “Company”) offers various certification programs including the following programs to applicants (hereinafter referred to as “users” or “clients”).
If the user decides to request certification and becomes certified by International Hospitality Institute, User agrees that the certification does not guarantee or promise that the User will receive a promotion, or a salary increase at their place of employment. User also understands and agrees that obtaining certification from the International Hospitality Institute does not guarantee that the user’s job prospects will improve, or that they will be able to secure job placement using the certification.
User agrees that the User will be required to undergo some training before being certified.
User understands that any certification issued by IHI will be valid for 3 years. After three years, User will need to recertify. If User chooses not to recertify, User will no longer be able to use the designation on the certification issue by IHI.
User agrees to pay the non-refundable application fee of five hundred dollars ($500.00). User understands that a hard copy of the certificate confirming certification will not be mailed to User until all required documents and full payment have been received. The certificate will be mailed to the address provided by the User.
Should User decide to withdraw from a certification program before or after receiving the certification, User will not receive a refund of any fees that have been paid. Application fees are non-refundable regardless of how the User performs on the assessment exam/s used for certification. If user fails the exam, user will not receive a refund of the application fee.
The certifications listed above and any other certifications issued by IHI are issued solely by International Hospitality Institute and not in conjunction with any other entity. International Hospitality Institute is not affiliated with any university, college, or organization. International Hospitality Institute does not seek accreditation from any organization or accrediting agency and has not been accredited by any organization or accrediting agency. International Hospitality Institute does not grant degrees or diplomas. IHI’s certification programs are private, independent, certifications issued only to users who have satisfied the Company’s certification requirements. IHI’s certifications do not confer college, higher education, or continuing education credits of any kind. IHI makes no representations or warranties regarding the acceptability or suitability of its certification for educational, business, or career purposes.
User agrees that International Hospitality Institute is not liable and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any actions relating to the use of any certifications issued by International Hospitality Institute.
International Hospitality Institute reserves the right to review all promotional/marketing materials (digital, printed, or otherwise) featuring the International Hospitality Institute logo, seal, or name, prior to such materials being circulated or published by the User. International Hospitality Institute reserves the right to refuse approval of any promotional/marketing materials deemed to be objectionable, offensive, or inappropriate. If Company does not approve the materials, User will be advised to desist from using said materials.
Except as expressly provided in this Agreement, International Hospitality Institute makes no guarantees, representations, or warranties of any kind or nature, express or implied with respect to any of its certifications. In no event shall International Hospitality Institute be liable to the User for any indirect, consequential, punitive, compensatory, or special damages relating to use of any of its certifications. Notwithstanding any damages that the User may incur, International Hospitality Institute’s entire liability under this Agreement, and the User’s exclusive remedy, shall be limited to the amount actually paid by the User to International Hospitality Institute for the certification that was received.
This document reflects the entire agreement between the User and the Company and reflects a complete understanding of the parties with respect to the subject matter. This Agreement supersedes all prior written and oral representations. The Agreement may not be amended, altered, or supplemented except in writing signed by both the Company and the User.
User and Company agree to arbitrate all disputes and claims between User and Company that arise out of or relate in any manner to any of IHI’s certification programs.
This Dispute Resolution Agreement does not preclude any party from seeking an individualized preliminary injunction or a temporary restraining order until a claim is arbitrated, or from bringing an individualized action in small claims court, in any court that has jurisdiction; provided that the arbitrator will have exclusive jurisdiction to finally resolve claims not within the jurisdiction of a small claims court. This Dispute Resolution Agreement also does not forbid User or Company from bringing issues to the attention of federal, state, or local agencies.
User and Company agree that, by entering into this arbitration agreement, all parties are waiving their respective rights to a trial by jury or to participate in a class or representative action. The Federal Arbitration Act governs the interpretation and enforcement of this Dispute Resolution Agreement. With respect to all disputes or claims that arise out of or relate in any way to any of IHI’s certification programs, this Dispute Resolution Agreement supersedes any contrary terms regarding dispute resolution in any other agreement between the parties.
If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.
This agreement shall be governed and construed in accordance with the laws of the State of Texas, without giving effect to any conflicts of law provisions.
This Agreement shall be binding upon the parties hereto and their respective successors and permissible assigns.
User agrees to be bound by these terms and conditions, by using IHI’s website.