Terms & Conditions of Use

    Date Last Modified: September 3rd, 2022

    These Terms of Use are an Agreement (“Agreement”) between Tactical Security Protection Academy. (“TSPA”) and the individual who is viewing this online Agreement (“End User”, “You”, or “Your”). Before accessing the TSPA online learning management system (“LMSTSPA”), which contains TSPA content and content supplied to TSPA by third parties (IDFPR), along with associated documentation, media, and online or electronic documentation, and other content and updates (collectively, the “TSPA Courses”), You must agree to the terms and conditions of this Agreement.

    BY ACCESSING THE TSPA COURSES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY IT. IF YOU DO NOT AGREE TO THIS AGREEMENT OR ANY OF ITS TERMS, THEN YOU WILL NOT HAVE ANY LICENSE TO ANY TSPA COURSES. TSPA’S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS OF THIS AGREEMENT; IF THESE TERMS ARE CONSIDERED AN OFFER BY TSPA, THEN ACCEPTANCE IS LIMITED TO THESE TERMS. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND TSPA.

    If You are accepting this Agreement on behalf of a company, organization, government or other legal entity, you represent and warrant that (i) You are authorized to do so, and (ii) the entity agrees to be legally bound by this Agreement.

    The TSPA Courses and website are available only to persons who are the age of majority and can form legally binding contracts under applicable law. Without limiting the foregoing, the TSPA Courses and website are not intended to be used by individuals under the age of 18. If You do not qualify, please do not use or access the TSPA Courses or website.

    1. LICENSE. Subject to the terms and conditions of this Agreement, TSPA grants You, subject to TSPA’s receipt of all appropriate license fees, a personal, restricted, time-limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the TSPA Courses purchased by You solely Your personal or internal business purposes and solely from the LMSTSPA (the “License”).

    2. RESTRICTIONS.

    2.1 The License granted hereunder is personal to You. You may not transfer any of the rights granted to You under this Agreement, nor may You permit third parties, including but not limited to Your subsidiaries and affiliates, to benefit from the use or functionality of the TSPA Courses. Any attempt by You to transfer any of the rights, duties or obligations hereunder is void and will be deemed a breach of this Agreement. The TSPA Courses are licensed as a single product; they may not be shared or used by multiple users. A TSPA Course may not be assigned to another person once You have enrolled in a TSPA Course.  Libraries and bundles of TSPA Courses are available for a single user only and may not be separated or used by multiple users.

    2.2 You may not directly or indirectly through a third party, nor authorize any third party to, do any of the following: (i) use, copy, print, modify, adapt, create derivative works of, market, deliver, rent, lease, sublicense, make, have made, assign, pledge, transfer, sell, offer to sell, import, distribute, publicly perform, publicly display, or otherwise grant rights to the TSPA Courses, or any copy thereof, in whole or in part, except as expressly provided in this Agreement; (ii) reverse engineer, disassemble, decompile, or translate the TSPA Courses, or otherwise attempt to derive the source code, structural framework or the data records of the TSPA Courses; (iii) loan or resell the TSPA Courses, or any part thereof in any way including, but not limited to, making the TSPA Courses available to any other person, including using on a service bureau or time sharing basis, via shared access to a computer network or access information, which may include the log-in name and password or other authentication data for the TSPA Courses; (iv) remove any proprietary notices or labels from the TSPA Courses; or (v) make copies of the TSPA Courses, copy any printed materials or documentation accompanying the TSPA Courses or give copies to another person, or duplicate the TSPA Courses by any other means, including electronic transmission, except as specifically set forth herein. You may print one copy of an e-kit (student materials provided electronically) solely in accordance with the instructions provided to You regarding the specific e-kit transmitted to You.  IN NO EVENT ARE YOU AUTHORIZED TO DOWNLOAD ANY TSPA COURSES ONTO YOUR COMPUTERS, SERVERS OR OTHER DEVICES. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE TSPA COURSES TO ANY SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

    2.3 You may not directly or indirectly through a third party, nor authorize any third party to, do any of the following: (i) copy the LMSTSPA or any part thereof; (ii) reverse engineer, decompile, disassemble or otherwise attempt to derive the source code from the LMSTSPA; (iii) write or develop any derivative or other software programs based, in whole or in part, upon the LMSTSPA; (iv) interfere with or disrupt the integrity or performance of the LMSTSPA or any data contained therein; (v) attempt to gain unauthorized access to the LMSTSPA or its related data, systems or networks; (vi) publish or disclose to third parties any evaluation of the LMSTSPA without TSPA’s prior written consent; and/or (vii) perform vulnerability, load or any other test of the LMSTSPA without TSPA’s prior written consent.

    3. OWNERSHIP. The TSPA Courses (including but not limited to all copyrights, patents, patent applications, trade secret rights, trademarks, source code, text and any images, photographs, icons, graphics, animations, video, audio, music, and all other media incorporated into the TSPA Courses) are the property of TSPA or its licensors and suppliers and are protected by U.S. and international copyright and other intellectual property laws and treaties. The TSPA Courses are licensed, not sold, to You for use only under the terms of this Agreement, and TSPA reserves all rights not expressly granted to You. TSPAtraining.com, the TSPA Course names, and the TSPA logo referenced in the TSPA Courses are either trademarks or registered trademarks of TSPA. Other product and company names mentioned in the TSPA Courses are the trademarks of their respective owners. For clarification, You will have no ownership or other right, title or interest in and to the TSPA Courses, including but not limited to any copyright and trademark rights, except as for the limited License to the TSPA Courses purchased by You. You will indemnify TSPA for any and all costs, expenses and damages incurred by TSPA as a result of Your infringement of TSPA’’s and its licensors’ intellectual property rights in or to the TSPA Courses.

    4. TERM. Every TSPA Course has an expiration date. Unless indicated otherwise in the TSPA Course, each TSPA Course License will expire one (1) year after it is licensed by You. Your License to a TSPA Course commences on the date You licensed the TSPA Course from TSPA (the date of online payment or the invoice date if not purchased online) and will terminate on the sooner to occur of: (i) the date You successfully complete the licensed TSPA Course as evidenced by passing the final exam and/or being eligible for a certificate of completion; or (ii) the date the TSPA Course License expires. You agree and understand that upon termination of the License, You will no longer be able to use or access the TSPA Course You licensed. Sections 2 (“Restrictions”), 3 (“Ownership”), 8 (“Warranty Disclaimer”), 9 (“Limitation of Liability”), 11 (“Export Law”), 12 (“General”) and 14 (“Modifications”) will survive termination of the licenses granted under this Agreement.

    5. TERMINATION. This Agreement will terminate with respect to a TSPA Course License immediately without notice to You (i) upon Your License terminating pursuant to Section 4; or (ii) if You breach any term or condition of this Agreement. TSPA reserves the right to modify or terminate any TSPA Course or TSPA services and/or product offerings at any time without notice to You. You may terminate a TSPA Course License at any time by notifying TSPA in writing. Upon receipt of notice of termination, the TSPA Course License will terminate, and You will no longer be able to use or access such TSPA Course. Further, in the event of a termination or expiration of any agreement between TSPA and a third party supplier of a TSPA Course, Your right to access and use such TSPA Course will also terminate.

    6. THIRD-PARTY SOURCES. You acknowledge that the TSPA Courses may incorporate information that is proprietary to one or more third party(ies). Such third party(ies) and TSPA suppliers are third party beneficiaries of this Agreement with the authority to enforce those portions of this Agreement that are relevant to the agreements they have with TSPA directly against You.

    7. CONTENT MAINTAINED BY TSPA. You acknowledge and agree that: (i) TSPA may, from time to time, elect to update the TSPA Courses, but TSPA does not warrant or guarantee that any TSPA Courses will be updated, or that any updates will be made available to You, at any time during the term of this Agreement; (ii) TSPA does not assume, and expressly disclaims, any obligation to update and include any information in the TSPA Courses; (iii) TSPA is not advocating the use of any product described in the TSPA Courses (or elsewhere), nor is TSPA responsible for misuse of a product due to typographical or other errors in the TSPA Courses, Your negligence or otherwise; (iv) You agree to seek additional information on any product from the manufacturer; and (v) You will use the content included in the TSPA Courses only as a reference aid, and that such content is not intended to be (nor should it be used as) a substitute for the exercise of professional judgment. In view of the possibility of human error or changes in technology, You should confirm the content in the TSPA Courses through independent sources.

    8. WARRANTY DISCLAIMER.

    8.1 THE TSPA COURSES ARE PROVIDED TO YOU “AS IS” AND “WITH ALL FAULTS.” TSPA AND ITS AFFILIATES, AGENTS, DISTRIBUTORS, SUPPLIERS AND LICENSORS: (i) CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR NON-INFRINGEMENT OF THE TSPA COURSES PROVIDED HEREUNDER OR THAT YOUR USE OF THE TSPA COURSES WILL BE ERROR-FREE OR UNINTERRUPTED, FREE FROM OTHER FAILURES OR WILL MEET YOUR REQUIREMENTS OR FUNCTION IN ACCORDANCE WITH RELATED DOCUMENTATION IN EVERY COMBINATION OF HARDWARE PLATFORM, SOFTWARE ENVIRONMENT AND PRODUCT CONFIGURATION; AND (ii) EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, GUARANTEES, AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ANY USE OF THE TSPA COURSES IS ENTIRELY AT YOUR OWN RISK, INCLUDING THE RISK FOR SELECTING THE TSPA COURSES TO ACHIEVE YOUR INTENDED RESULTS AND PERFORMANCE, AND FOR USE OF THE TSPA COURSES. To the extent warranties cannot be disclaimed or excluded, they are limited to the duration of the minimum warranty period required by law.

    8.2 JOB PLACEMENT DISCLAIMER. TSPA does not guarantee job placement upon enrollment, use, or completion of any TSPA Course.

    8.3 LICENSURE DISCLAIMER. TSPA does not guarantee that IDFPR will grant the user their PERC card post completion of any TSPA Course.

    8.4 BACKGROUND CHECKS. TSPA does not guarantee that the user will be able to pass their individual fingerprint/background check post completion of any TSPA Course.

    8.5 ORDERING OF THE PERC THRU IDFPR. TSPA is not responsible for ordering or obtaining the PERC card for the user post successful course completion. User is solely responsible for obtaining their fingerprints/background check and then ordering their PERC card thru IDFPR.

    8.6 TSPA IS NOT THE POLICE ACADEMY. Once the user completes the TSPA courses that does not mean that the user is now a Police/Peace Officer. TSPA offers security officer courses, not to be used as a substitute for the Police Academy. At no point in time does completing a TSPA course grant the user Police rights or abilities in the field/general public. TSPA makes that clear in their courses and in their Terms and Conditions so should a user complete the course and attempt to work in the security field as a Police/Peace officer TSPA can not and will not be held liable for that users actions as that was not in any of TSPA’s trainings.

    8.7 TSPA COMPLETION POLICY. Should the user come to the end of the online training course and not successfully pass the final exam after the 3 attempts provided then that current course will terminate with the outcome registered as a failure. The student would have to re-register and pay for the course again. At that point the student would be responsible for re-taking the course from the beginning to end again before being offered the final exam tries again. This process will continue to repeat until either the student passes their exam within 3 attempts or less, or if the student never passes the exam and chooses not to re-take the course then the end result would remain registered as a failure. A score of 70% or higher is required to pass the final exam and receive the individual student’s certificate. The user may reregister and pay for the class as many times as they like but the passing certificate will only be issued to the verified student taking the course.

    9. LIMITATION OF LIABILITY.

    9.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER TSPA NOR ITS AFFILIATES, AGENTS, LICENSORS, DISTRIBUTORS OR SUPPLIERS WILL BE LIABLE UNDER ANY CLAIM, DEMAND OR ACTION ARISING OUT OF OR RELATING TO YOUR USE OF THE TSPA COURSES, OR TSPA’S PERFORMANCE OF (OR FAILURE TO PERFORM) ANY OBLIGATION UNDER THIS AGREEMENT, FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHETHER BASED IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, INCLUDING, WITHOUT LIMITATION, DAMAGES DUE TO LOST PROFITS, LOST SAVINGS, BUSINESS INTERRUPTION COSTS, DAMAGES FROM LOSS OF BUSINESS INFORMATION OR OTHER DAMAGES CAUSED BY THE INABILITY TO USE THE TSPA COURSES, EVEN IF TSPA, ITS AFFILIATES, AGENTS, LICENSORS, DISTRIBUTORS OR SUPPLIERS HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES WERE FORESEEABLE.

    9.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TSPA’S AGGREGATE LIABILITY TO YOU, OR TO ANY THIRD PARTY, FOR DAMAGES IN CONNECTION WITH THIS AGREEMENT, THE TSPA COURSES AND THE SERVICES PROVIDED PURSUANT TO THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE TSPA COURSE FROM WHICH SUCH LIABILITY AROSE. THE FOREGOING APPLIES NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT OR ANY LIMITED REMEDY HEREUNDER. MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION.

    9.3 THIS LIMITATION OF DAMAGES SET FORTH HEREIN CONSTITUTES A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN TSPA AND YOU.

    9.4 THIS AGREEMENT IS NOT INTENDED TO AND DOES NOT CHANGE OR EXCLUDE ANY STATUTORY CONSUMER RIGHTS THAT CANNOT BE LAWFULLY CHANGED OR EXCLUDED. SOME COUNTRIES, STATES, JURISDICTIONS AND/OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, REPRESENTATIONS OR CONDITIONS AND/OR DO NOT ALLOW PRODUCTS OR SERVICES TO BE SOLD WITH NO WARRANTIES, REPRESENTATIONS OR CONDITIONS.  ACCORDINGLY, IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE SECTIONS TITLED “WARRANTY DISCLAIMER” AND “LIMITATION OF LIABILITY” MAY NOT APPLY TO YOU. ONLY THOSE LIMITATIONS AND EXCLUSIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND, IN SUCH INSTANCES, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

    10. U. S. GOVERNMENT END USERS. If You are using or accessing the TSPA Courses and You are a government employee, then note that the TSPA Courses are a “commercial item” as that term is defined at FAR 2.101 (Oct 1995), consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212 (Sep 1995) and is provided to the U.S. Government only as a commercial end item. Consistent with FAR. 12.212 and DFARS 227.7202 (Jun 1995), all U.S. Government end users acquire the TSPA Courses with only those rights set forth herein. Any use, modification, reproduction, release, performance, display, disclosure or transfer of the TSPA Courses by the U.S. government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement.

    11. EXPORT LAW.  The TSPA Courses and related technology are subject to U.S. export control laws and may be subject to export or import regulations in other countries. Unless specifically authorized in writing by TSPA prior to any access, You agree not to export the TSPA Courses including but not limited to re-exporting the TSPA Courses, or any part thereof, or any process that is the direct product of the TSPA Courses, to any country, person, or entity in violation of U.S. export restrictions. In any case, You will indemnify and hold TSPA harmless from any and all claims, losses, liabilities, damages, fines, penalties, costs and expenses (including attorneys’ fees) arising from or relating to any breach by You of Your obligations under this Section 11. Your obligations under this Section 11 will survive the expiration or termination of this Agreement.

    12. GENERAL

    12.1 GOVERNING LAW AND VENUE. This Agreement will be governed and interpreted in accordance with the laws of the state of Illinois, exclusive of its choice of law rules, and where applicable, the laws of the United States of America.  You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, the jurisdiction and venue of the federal and state courts located in Cook County, Illinois (USA). The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement and is hereby expressly excluded. Notwithstanding the foregoing, You or TSPA may seek injunctive or other equitable relief to protect Your or TSPA’s intellectual property (like copyrights and trademarks) in any court with competent jurisdiction.

    12.2 PRIVACY. TSPA’s current privacy policy is hereby incorporated into this Agreement.

    12.3 WAIVER. The failure of either party to require strict performance by the other party of any provision hereof will not affect the full right to require such performance at any time thereafter; nor will the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself. Any waiver of any right or provision herein will not be effective unless in writing and signed by authorized representatives of both parties.

    12.4 ASSIGNMENT. You may not assign Your rights or obligations under this Agreement without the prior written consent of TSPA, which TSPA may refuse in its sole discretion. Any attempted assignment without prior written consent from TSPA will be deemed null and void. TSPA may assign its rights and/or obligations under this Agreement at any time. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their respective successors and permitted assigns.

    12.5 SEVERABILITY. If any part of this Agreement is for any reason found to be unenforceable, all other parts nevertheless remain enforceable as long as a party’s rights under this Agreement are not materially affected. In lieu of the unenforceable provision, the parties will substitute or add as part of this Agreement a provision that will be as similar as possible in economic and business objectives as was intended by the unenforceable provision.

    12.6 COMPLETE AGREEMENT. This Agreement is the complete and exclusive statement of the agreement between TSPA and You, which supersedes any proposal or prior agreement, oral or written, and any other communications between the parties in relation to the subject matter of this Agreement. Except as otherwise provided in this Agreement, any modifications must be in a writing signed by both parties by their duly authorized representatives. Section headings are used for convenience only and will in no way affect the construction or interpretation of this Agreement. This Agreement will be interpreted without application of any strict construction in favor of or against You or TSPA.

    12.7 REFUND POLICY. Please note that all courses are non-refundable.

    12.8 NOTICES. You consent to receive electronically any communications from TSPA. We may communicate with You through the email address specified in Your account or by posting notices on the TSPA website. You agree that all agreements, notices, disclosures and other communications that are provided to You electronically satisfy any requirement that such communications be in writing. All notices from TSPA intended for receipt by You will be deemed delivered and effective when sent to the email address You provide to TSPA.

    Notices to TSPA must be sent to:

    Tactical Security Protection Academy

    1712 W 47th St, Chicago, IL, 60609

    12.9 FORCE MAJEURE. Except with respect to any payment to be made to TSPA hereunder, neither party will be liable for any failure, deficiency or delay in the performance of its obligations under this Agreement due to any force majeure, which will include but not be limited to any storm, flood, fire, aircraft damage, explosion, electrical or communication line failure, disturbance, war or military action, acts of terrorism, Government act or administrative delay, equipment failure or non-delivery, inability to obtain materials or any cause or matter whatsoever not within the reasonable control of such party.  In the event of such a force majeure, the affected party will be entitled to a reasonable extension of time for the performance of its obligations under this Agreement.

    12.10 RELATIONSHIP.  No agency, partnership, joint venture or employment relationship is created by this Agreement or Your use of the TSPA Courses, and You do not have any authority of any kind to bind TSPA in any respect whatsoever.

    12.11 ENGLISH LANGUAGE. This Agreement is in the English language only, which language will be controlling in all respects. No translation, if any, of this Agreement into any other language for convenience or to meet local requirements will be of any force or effect in the interpretation of this Agreement or in determination of the interests of either party hereto. Furthermore, all correspondence, notices, claims, suits and other communication between the parties hereto will be written or conducted in English.

    13. Grievance Procedure: If You are dissatisfied with the services that TSPA has provided for You, You may direct Your written complaint, grievance, or dispute as follows:

    • (a) First Level of Contact: Customer Service Department
    • (b) Second Level of Contact: Manager, Customer Service Department
    • (c) Top Level of Contact: Director, Sales and Customer Service Division
    • (d) Address:
      Tactical Security Protection Academy
      1712 W 47th St
      Chicago, IL, 60609
      Customer Service # 1-312-442-0250
    • (e) Please provide a detailed explanation of Your issues including contact information where You can be reached. You will be contacted to discuss an agreeable resolution.
    • (f) A different grievance procedure may apply to You if You are using the TSPA Courses subject to a contract between Your organization and TSPA or a TSPA distributor. In that case You should contact the appropriate person within Your organization to inquire about the grievance procedure that applies to You.

    14. MODIFICATIONS. TSPA reserves the right, in its discretion, to change, modify, add to, or remove portions of the terms of this Agreement (collectively, “Changes”), at any time. TSPA will notify You of Changes by sending an email to the address identified in Your account or by posting a revised version of the Agreement incorporating the Changes to TSPA’s website. Your continued use of or access to TSPA Courses following notice of the Changes or posting of the Agreement incorporating the Changes on the TSPA website will mean that You accept and agree to the Changes. Such Changes will apply prospectively beginning on the date the Changes are posted to the TSPA website.

    Tactical Security Protection Academy LLC, 2022. All Rights Reserved.