Terms and Conditions
Agreement between User and MissionCIT, LLC
MissionCIT, LLC (MCIT or MissionCIT or MISSIONCIT) offers various products, including but not limited to Educational Content, Training Services, Entry & Promotional Testing, and Consulting services (Products). This Agreement covers all Products acquired through or delivered via the https://dev2.missioncit.com website, subdirectories, subdomains, and partner-linked sites. (missioncit.com or The Site) and the usage of missioncit.com.
The Products and missioncit.com are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of the Products and missioncit.com constitutes your Agreement to all such Terms. Therefore, please read these Terms carefully and keep a copy of them for your reference.
MissionCIT Learning Portal, Training Services and Educational Content (Content)
Content may be delivered via any combination of missioncit.com training media, third-party video communications platforms, and in-person at a designated training facility. The Content may be from MCIT, an MCIT partner, or subcontractor.
Entry & Promotional Testing (Assessment)
Assessment may be delivered by any combination of the online testing platform via missioncit.com, third-party video communications platforms, and in-person at a designated testing facility. The Assessment may include resources from MCIT or an MCIT partner, subcontractor, or the entity on behalf of the test being administered (Customer).
Consulting Services (Services)
Services may be delivered by any combination of online missioncit.com pages, tools, and media, via third-party video communications platforms and as electronic files delivered in a mutually agreeable format. The Services may be developed or delivered by resources from MCIT or an MCIT partner or subcontractor.
Visiting missioncit.com, using missioncit.com, or sending emails to MCIT 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
If you use missioncit.com, you are responsible for maintaining the confidentiality of your account and password and restricting access to your computer. 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 MCIT is not responsible for third-party access to your account resulting from theft or misappropriation of your account. MCIT and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit user-entered comments at MCIT's sole discretion.
Children Under Thirteen (13) and individuals Under Sixteen (16)
MCIT does not knowingly collect, either online or offline, personal information from persons under the age of thirteen (13). If you are under sixteen (16), you may not use missioncit.com unless you are a first responder affiliated with a representative first responder organization and have written permission from MCIT to do so.
Users outside the USA
The Site is controlled, operated, and administered by MCIT from our offices within the USA. If you access missioncit.com from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Products accessed through missioncit.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
For all Products purchased via missioncit.com: All orders received are subject to acceptance by MCIT at our sole discretion. All processed orders are subject to availability. MCIT is not liable for delays in product or service shipment or delivery.
Reservations & Exceptions. We reserve the right to adjust pricing on products without notice. In addition, we reserve the right to modify terms, specifications, and the like for Products on missioncit.com at any time without notice. Any errors in Product specifications, descriptions, and pricing are subject to correction by MCIT. We also reserve the right to reject any order that is not consistent with the Terms.
Shipping. MCIT reserves the right to select any third-party carriers for shipments. Shipping charges are invoiced according to costs related to the third-party shipping company. All liability for loss passes to the Customer once it leaves our warehouse. However, MCIT will honor replacement merchandise for damaged shipments after the item(s) are returned to us. Additionally, claims of non-delivery will be honored if the third-party carrier offers no proof of delivery. Otherwise, the merchandise shall be deemed delivered.
The User must pay for online-only Content and Assessments in advance of usage. Hybrid and in-person Courses must be paid per the terms of the order, but course credit will not be conveyed until MCIT receives full payment. MissionCIT offers various payment options to accommodate payments from individuals or organizations. Please contact us for questions or a payment plan.
Use of the Site indicates acceptance of Terms
When enrollment, contract for Products, or payment arises from a third party on behalf of the User, the User will be deemed to have accepted these Terms. For the avoidance of doubt, the use of the Site indicates acceptance of Terms by the User.
Cancellation and Refund Policy
Courses with in-person Training. To receive a full refund, the cancellation of in-person training courses must occur at least five (5) business days before the course start date. After that time, an account credit will be provided for use in future courses.
Physical Product Cancellations. Physical Product Orders may be canceled before being delivered to a common carrier for shipment. Once delivered to the common carriers, orders are deemed to have shipped and may not be canceled.
Assessment Cancellations. An Assessment may be canceled five (5) business days before the scheduled Assessment to receive a refund.
Physical Product Returns. We do not accept returns for perishable items. Defective physical products will be exchanged for the same or similar products. Refunds are not given for any claims.
For all refunds arising from a credit card payment, a 10% transaction fee will be charged.
Acknowledgment of Medical and Health Risks
For EMS-related courses, the User understands that you may be placed in close contact with other students and instructors as part of First Responder courses of instruction with in-person training (e.g., CPR). Such contact may result in your exposure to diseases, human blood or bodily fluids, or items contaminated with blood or bodily fluids. In addition, the User agrees to practice precautions as advised by the course materials and local instructors to protect themselves from contact with potentially contaminated items. User hereby releases and agrees to hold harmless MCIT, its Partners, and their respective employees and agents from any and all damages that might result from such contact.
Furthermore, the User acknowledges and understands that you may be performing physical activity or subject to risks associated with various aspects of Public Safety training (EMS, Fire Service, Police) as part of the selected course. User hereby certifies that their physical condition will allow themselves to participate without risk to themself or others. In addition, the User agrees to adhere to, without exception, all instructions and safety precautions as directed by the course material and local instructors. User agrees to release and hold harmless MissionCIT and its Partners and their respective employees and agents from any and all damages which might result from such activity or use.
Links to Third Party Sites & Third Party Services
The Products and missioncit.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of MCIT, and MCIT 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. MCIT is providing these links to you only as a convenience. The inclusion of any link does not imply endorsement by MissionCIT of the Site or any association with its operators.
Certain Products made available via missioncit.com are delivered by third-party sites and organizations. By using Products or functionality originating from missioncit.com, you hereby acknowledge and consent that MCIT may share such information and data with any third party with whom MCIT has a contractual relationship to provide the requested product, service, or functionality on behalf of missioncit.com users and customers.
No Unlawful or Prohibited Use of Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use missioncit.com strictly in accordance with the Terms. As a condition of your use of missioncit.com, you warrant to MCIT that you will not use missioncit.com for any purpose that is unlawful or prohibited by the Terms. In addition, you may not use missioncit.com in any manner that could damage, disable, overburden, impair missioncit.com or interfere with any other party's use and enjoyment of missioncit.com.
You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through missioncit.com. All Content included as part of the Products, such as text, graphics, logos, images, attachments, as well as the compilation thereof, and any software used on missioncit.com, is the property of MCIT or its Partners 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 missioncit.com. MCIT 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 missioncit.com content solely for your personal use and will make no other use of the Content without the express written permission of MCIT and the copyright owner if a third party. 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 MCIT or our third parties except as expressly authorized by the Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including email addresses, without their consent; violate any applicable laws or regulations. MCIT has no obligation to monitor the Communication Services. However, MCIT reserves the right to review materials posted to a Communication Service and to remove any materials at its sole discretion.
MCIT reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. MissionCIT reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in MissionCIT's sole discretion. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. MissionCIT does not control or endorse User content, messages, or information found in any Communication Service. Therefore, MCIT specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.
Users are not authorized MCIT spokespersons, and their views do not necessarily reflect those of MissionCIT. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, or dissemination. You are responsible for adhering to such limitations if you upload the materials.
You agree to indemnify, defend and hold harmless MCIT, 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 Products or missioncit.com.
In addition, indemnification extends to 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. MCIT 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 MCIT in asserting any available defenses.
The User specifically agrees that the Assessment process, questions, grading, and scoring are final and accepts the process and results as is.
Unless specifically identified in the Assessment description, the Assessment will be conducted in the USA English language, and the User accepts this as a condition of taking the test. Grammar associated with Assessment will be consistent with a third-party USA English Grammar checker such as Grammarly.
In addition, the User acknowledges that MCIT follows an Assessment process that is reviewed by third-party subject matter experts who advise the accuracy, appropriateness, difficulty, and lack of cultural bias of a question, its answers, and scoring rubric.
User agrees that MCIT's sole obligation during an Assessment is to deliver questions consistent with the subject matter being tested and faithfully grade those questions per a Customer-approved grading rubric. In addition, the User accepts that final scores are developed to be acceptable to its Customer per its criteria for the test being administered.
As such, the User irrevocably agrees to indemnify and hold harmless MCIT, its officers, directors, employees, agents, Customer, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorney's fees) relating to or arising out of an Assessment process and its results.
THE INFORMATION, CONTENT, 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. MISSIONCIT AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. MISSIONCIT 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. MISSIONCIT 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 MISSIONCIT 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 MISSIONCIT OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
REGARDLESS, MISSIONCIT'S MAXIMUM LIABILITY SHALL BE NO GREATER THAN THE AMOUNT PAID BY THE USER TO MISSIONCIT.
In the event, User and MCIT 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.
Class Action Waiver
Any arbitration or legal action 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 MCIT 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.
- This Agreement shall be governed by the laws of the State of Connecticut, without regard to its conflict of law principles. Customer consents to the exclusive jurisdiction and venue of the state and federal courts located in Hartford County, State of Connecticut, USA. The Parties shall seek a mutually agreeable mediation as a first effort to resolve a dispute. EACH PARTY HEREBY WAIVES ANY RIGHT TO A JURY TRIAL.
- All notices hereunder shall be in writing and shall be given by delivery in person, by facsimile or email (with proof of proper transmittal and receipt) or by certified or registered mail, postage prepaid, return receipt requested, addressed to the representative executing this Agreement on the other Party's behalf and its general counsel at the address set forth above.
- No waiver of any right under this Agreement shall be valid or enforceable unless in writing signed by the granting Party, and any such waiver granted shall be valid only for a given instance.
- The provisions of this Agreement are intended to be severable, and if any provision is held to be unenforceable under any rule of law, the other provisions shall remain in force and shall not be affected thereby.
- Neither Party shall assign any rights or obligations hereunder without 30 days' notice and the express written consent of the other Party, and any attempt to do so in contravention of this provision shall be void.
- This Agreement sets forth the entire Agreement of the parties as to the subject matter hereof and supersedes all prior agreements, understanding, statements, or proposals (written or oral) relating to such subject matter. Any additional conditions which may be included on any purchase order or other document shall not be binding on either Party unless explicitly accepted by the parties in writing.
- This Agreement may be amended by the User only by a writing executed by the parties hereto.
Changes to Terms
MCIT reserves the right, in its sole discretion, to change the Terms under which the Products and missioncit.com are offered. The most current version of the Terms will supersede all previous versions. MCIT encourages you to periodically review the Terms to stay informed of our updates.
MissionCIT welcomes your questions or comments regarding the Terms: MissionCIT, LLC, 1 Technology Drive, Tolland CT 06084; Email Address: [email protected]; Telephone number: +1 203.649.5090 USA Eastern Time Zone.
Effective as of July 25, 2019, Last Updated September 20, 2021