Effective October 19, 2020.

Terms and Conditions

1. Agreement between User and www.mfa-a.com

Welcome to www.mfa-a.com. The www.mfa-a.com website (the "Site", "our site", "this site", "mfa-a.com") is composed of various web pages operated by Michael F. Allen & Associates, Inc. ("Michael F. Allen & Associates", "MFA-A", "Allen and Associates”, the "Company”, "we", "us", "our"). www.mfa-a.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein as well as our Privacy Policy and other policies as posted on our website (the "Terms"). Your use of www.mfa-a.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

Michael F. Allen and Associates, Inc. provides Management Consulting ("Professional Services", "Consulting", "Staffing") services, primarily to the construction and energy industries, including project and risk management, organizational and operational benchmarking. We also provide Digital Products, including training materials and profitability & performance improvement toolkits to support your organization as it seeks to improve its own risk management capabilities. Michael F. Allen and Associates, Inc. operates www.mfa-a.com for purposes of providing information to our customers and potential customers as well as to sell certain products and materials.

“Digital Products” refers to training courses, books, videos, presentations, toolkits or other products offered for sale or free on this or related sites and apps, including YouTube and other media sites, offered by Michael F. Allen and Associates. Should you choose to purchase any Digital Products from Allen and Associates, know that you are agreeing to these Terms, which govern not only the use of this Site, but also the use of all Digital Products as described above. This agreement is contractually binding. Do not purchase Digital Products from this Site unless you know, understand and agree with these terms.

2. All sales are final

Due to the nature of our products, we regret that we are unable to offer refunds at this time.

3. International Users

The Service is controlled, operated and administered by Allen and Associates from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Allen and Associates Content accessed through www.mfa-a.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Further we do not currently offer any of our courses for sale outside of the US and Canada at this time.

4. Privacy

Your use of www.mfa-a.com is subject to Allen and Associates's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

5. Electronic Communications

Visiting www.mfa-a.com or sending emails to Allen and Associates constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

6. Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Allen and Associates is not responsible for third party access to your account that results from theft or misappropriation of your account. Allen and Associates and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

7. Children Under Thirteen

Allen and Associates does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, but over 13, you may use www.mfa-a.com only with permission of a parent or guardian.

www.mfa-a.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Allen and Associates and Allen and Associates is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Allen and Associates is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Allen and Associates of the site or any association with its operators.

Certain services made available via www.mfa-a.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.mfa-a.com domain, you hereby acknowledge and consent that Allen and Associates may share such information and data with any third party with whom Allen and Associates has a contractual relationship to provide the requested product, service or functionality on behalf of www.mfa-a.com users and customers.

9. No Unlawful or Prohibited Use of Intellectual Property

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

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Allen and Associates or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright 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 sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Allen and Associates content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Allen and Associates and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Allen and Associates or our licensors except as expressly authorized by these Terms.

9.1. Terms of Use Pertaining to the Digital Bookstore Products

Your purchase of Digital Products grants you a Single-User License, and may not be shared, sold, or presented in a group or public setting in whole or part unless all participants have purchased a license for the same materials. This purchase grants you a non-transferable, non-exclusive right to access the information. You may not publish or share the Digital Products or your login details with anyone else. User accounts found to be in violation of these Terms will be suspended and access to Digital Products will be revoked immediately.

Return, refund and cancellation policy: As stated previously, our policy is not to offer refunds on Digital Products. Should you consider your situation to be a special circumstance then please contact us via email at info@mfa-a.com and we will review your individual request. If a refund is granted, note that all access to the content will be revoked and you will be required to sign a certificate of destruction indicating that no copies of the content exist, including in backups or on any other media.

10. Indemnification

You agree to indemnify, defend and hold harmless Allen and Associates, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Allen and Associates reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Allen and Associates in asserting any available defenses.

11. Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

12. Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Allen and Associates agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

13. Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MICHAEL F. ALLEN AND ASSOCIATES, INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

MICHAEL F. ALLEN AND ASSOCIATES, INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE 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. MICHAEL F. ALLEN AND ASSOCIATES, INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MICHAEL F. ALLEN AND ASSOCIATES, INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE 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, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MICHAEL F. ALLEN AND ASSOCIATES, INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

13.1. Warranty and Personnel Performance

WITH REGARD TO PRODUCTS AND PERSONNEL PERFORMANCE, MFA&A MAKES NO WARRANTY WRITTEN OR IMPLIED. MFA&A DOES OFFER PRODUCTS AND THE SERVICES OF PERSONNEL BELIEVED TO BE SUITABLE FOR THE INTENDED PURPOSE AND ASSIGNMENT. THE CUSTOMER MAY, ON REQUEST, INTERVIEW THE EMPLOYEE. SHOULD THE CUSTOMER, AT A LATER DATE, DETERMINE THAT THE EMPLOYEE IS NOT SUITABLE FOR THEIR PURPOSE THEY MAY RELEASE THE EMPLOYEE WITH TWO DAYS WRITTEN NOTICE AND PAY ONLY THE ACCUMULATED TIME AND EXPENSES (INCLUDING RETURN TRAVEL).

14. Termination/Access Restriction

Allen and Associates reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Illinois and you hereby consent to the exclusive jurisdiction and venue of courts in Illinois in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Allen and Associates as a result of this agreement or use of the Site. Allen and Associates's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Allen and Associates's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Allen and Associates with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Allen and Associates with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Allen and Associates with respect to the Site. A printed version of this agreement and of any 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 to the parties that this agreement and all related documents be written in English.

15. Changes to Terms

Allen and Associates reserves the right, in its sole discretion, to change the Terms under which www.mfa-a.com is offered. The most current version of the Terms will supersede all previous versions. Allen and Associates encourages you to periodically review the Terms to stay informed of our updates.

16. Contact Us

Allen and Associates welcomes your questions or comments regarding the Terms. You can reach us via email at info@mfa-a.com or by calling 630-515-0883.