Interpreters Associates, Inc., a Massachusetts corporation and you, the student, from here on out referred to as STUDENT, agree to the terms and conditions on page one and on page two (reverse side) of this Agreement. These conditions will apply to the STUDENT taking our Medical Interpreter Certificate Program Course or any other Interpreter Training Program offered by Interpreters Associates, Inc. TERMS OF SERVICE 1. CONFIDENTIALITY: STUDENT shall hold in confidence and trust all Course Material (defined below) and agrees not to copy or otherwise provide or transfer, directly or indirectly, any Course Material or anything related to the Course taken to third parties. In regards to electronic media presented in our courses the Customer shall not copy, tape, transfer or use for ones personal benefit or allow for the benefit to a third party any and all materials presented in our course. As used in this Agreement, the term "Course Information" means any information Interpreters Associates, Inc. discloses to Customer, without limitation include manuals, videos, handouts, lists, role plays etc. Interpreters Associates, Inc. course information consists of methods related to training or testing of interpreters, the transcripts or results of any tests; trade secrets; techniques; processes; operations; know-how; discoveries; analyses; concepts; ideas; names, addresses, and any other characteristics, identifying information, or aspects of Interpreters Associates’ business, employees, vendors or suppliers; or any information derived, summarized or extracted from any of the foregoing. If Customer fails to comply with this Agreement, Interpreters Associates, Inc. may suffer irreparable harm, which may not be adequately compensated for by monetary damages alone. Therefore, in the event of a breach or threatened breach of this Agreement, Interpreters Associates, Inc. will be entitled to injunctive and/or other preliminary or equitable relief in addition to any other remedies available at law. 2. LIMITED WARRANTIES:
INTERPRETERS ASSOCIATES, INC. IS, BY ITS NATURE, SUBJECTIVE AND RESULTS MAY VARY. INTERPRETERS ASSOCIATES, INC. MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE, EXPRESS OR IMPLIED, ABOUT INTERPRETERS ASSOCIATES, INC. CERTIFICATIONS OR CERTIFICATES AS A RESULT OF AN INDIVIDUAL'S PARTICIPATION IN THESE COURSES.
INTERPRETERS ASSOCIATES, INC. SPECIFICALLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. 3. LIMITATION OF LIABILITY: A. FOR PURPOSES OF THE EXCLUSIVE REMEDY AND
LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION, THE TERM "INTERPRETERS ASSOCIATES, INC." SHALL INCLUDE
INSTRUCTORS AND TEACHERS OF ITS PROGRAMS, ITS AFFILIATES, AND THEIR RESPECTIVE SUCCESSORS, DIRECTORS,
OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS AND INTERPRETERS (WHETHER EMPLOYEES OR
INDEPENDENT CONTRACTORS), AND "DAMAGES" WILL REFER COLLECTIVELY TO ALL INJURY, DAMAGE, LOSS OR EXPENSE
INCURRED. B. EXCEPT TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW: (A) INTERPRETERS ASSOCIATES’ AGGREGATE
LIABILITY TO CUSTOMER FOR CLAIMS RELATING TO THIS AGREEMENT, WHETHER FOR BREACH OR IN TORT AND
INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL BE LIMITED TO THE AMOUNT PAID BY CUSTOMER WITHIN THE
PREVIOUS 12 MONTHS FOR THE SERVICES PROVIDED AND (B) INTERPRETERS ASSOCIATES, INC. WILL NOT BE LIABLE FOR
ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE IN CONNECTION WITH OR ARISING OUT OF
THIS AGREEMENT (INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE),
HOWEVER IT ARISES, WHETHER FOR BREACH OR IN TORT, EVEN IF INTERPRETERS ASSOCIATES, INC. HAS BEEN PREVIOUSLY
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. LIABILITY FOR DAMAGES SHALL BE LIMITED AND EXCLUDED, EVEN IF
ANY EXCLUSIVE REMEDY PROVIDED FOR IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE. 4. RESTRICTION ON
SOLICITATION. During the term of this Agreement and for a period of two (2) years following the termination of this Agreement, Customer shall not, directly or indirectly, hire any person employed or otherwise retained as an employee, independent contractor or agent of Interpreters Associates, Inc. 5. FORCE MAJEURE. A party is not liable under this Agreement for non-performance caused by events or conditions beyond that party's control if the party makes reasonable efforts to perform. This provision does not relieve either party of its obligation to make payments then owing. 6. NOTICES. All notices required or permitted to be given under this Agreement must be in writing and delivered in person or by means evidenced by a delivery receipt to the other party at the address shown in Attachment B and will be effective upon receipt. 7. ASSIGNMENT. Neither party may assign or otherwise transfer any of its rights or obligations under this Agreement without the prior written consent of the other party, except that Interpreters Associates, Inc. may assign its right to payment and may assign this Agreement to an affiliated or successor company. 8. ENTIRE AGREEMENT. This Agreement is the parties' entire agreement relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, conditions, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification to this Agreement will be binding unless in writing and signed by an authorized representative of each party. If any provision, or part thereof, in this Agreement is held to be invalid, void or illegal, it shall be severed from this Agreement and shall not affect, impair, or invalidate any other provision, or part thereof, and it shall be replaced by a provision which comes closest to the severed provision, or part thereof, in language and intent, without being invalid, void, or illegal. 9. WAIVER OR DELAY. Any express waiver or failure to exercise promptly any right under this Agreement will not create a continuing waiver or any expectation of non-enforcement. 10. SURVIVAL OF OBLIGATIONS. The obligations of the parties under this Agreement, which by their nature should continue beyond the termination or expiration of this Agreement, will remain in effect after termination or expiration. 11. NO THIRD PARTY BENEFICIARIES. Neither this Agreement nor the provision of Services shall be construed to create any duty or obligation on the part of Interpreters Associates, Inc. to any third parties, including, without limitation, any persons participating in or the subject of conversations for which Services are provided. This Agreement does not provide any third party with any right, privilege, remedy, claim or cause of action against Interpreters Associates, Inc., its affiliates or their respective successors. 12. Payment: Student recognizes that all payments are nonrefundable. Cancellation from any program before its initiation will result in a services fee (determined by Interpreters Associates, Inc.). I also realize that once I schedule my coaching session with one of Interpreters Associates’ coaches, and I cancel this appointment, a surcharge of $100.00 may be added to my account. 13. CHOICE OF LAW. Any action related to this Agreement will be governed by Massachusetts law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply. 14. In case of your student manual being shipped, and it is received by you as damaged, it is your responsibility to contact us immediately to receive further instructions. Please do not discard the box the manual was shipped in. If you do discard of packaging contents, you assume full responsibility of damage.