Last Updated: 01 January 2025
This Terms and Conditions of Use Agreement (“Agreement”) is a legally binding agreement entered into by and between MZI Consulting LLC, a New York limited liability company doing business as FlaggerNY (“Company,” “we,” “us,” or “our”), and any individual or entity accessing or using the website located at https://flaggerny.com, including any affiliated websites, subdomains, applications, learning management systems, platforms, content, products, and services (collectively, the “Site”). By accessing, browsing, registering for, purchasing, or otherwise using the Site or any services provided by the Company, you (“User,” “you,” or “your”) acknowledge that you have read, understood, and agree to be legally bound by this Agreement, including any additional policies or terms incorporated herein by reference. If you do not agree to these Terms, you must immediately discontinue use of the Site.
1. Eligibility, Authority, and Acceptance of Terms
1.1 You represent and warrant that you are at least eighteen (18) years of age and possess the legal capacity to enter into this Agreement. If you are accessing or using the Site on behalf of an employer, company, or other legal entity, you represent and warrant that you have full authority to bind such entity to this Agreement, and all references to “you” herein shall include such entity.
1.2 Your access to and use of the Site constitutes your express acceptance of this Agreement. Continued use of the Site following any modifications to this Agreement constitutes acceptance of the updated Terms.
1.3 The Company reserves the right, in its sole discretion, to refuse access to the Site or any services to any individual or entity at any time, for any reason or no reason, without notice or liability.
2. Description of Services
2.1 The Company provides online and, in certain cases, in-person training services, including but not limited to work zone flagger training, OSHA-related courses, safety compliance programs, and other educational offerings designed to support regulatory or professional requirements (collectively, the “Courses”).
2.2 Courses may be delivered through various formats, including on-demand online modules, pre-recorded instructional content, live or recorded webinars, instructor-led sessions, or hybrid delivery models utilizing the Company’s learning management system (“LMS”).
2.3 The Company reserves the right to modify, suspend, replace, limit, or discontinue any Course, feature, pricing structure, or service at any time, with or without notice, and without liability to you or any third party.
3. Account Registration, Security, and Responsibility
3.1 To access certain features of the Site, you may be required to create an account and provide registration information. You agree to provide accurate, current, and complete information and to update such information as necessary to maintain its accuracy.
3.2 You are solely responsible for maintaining the confidentiality of your login credentials and for all activities conducted under your account, whether authorized or unauthorized. You agree not to share your account credentials with any third party or allow multiple users to access the Site using a single account.
3.3 The Company shall not be liable for any loss or damage arising from your failure to safeguard your credentials or from unauthorized access to your account. The Company reserves the right to suspend, restrict, or terminate any account suspected of unauthorized use, fraud, abuse, or violation of this Agreement.
4. License Grant and Use Restrictions
4.1 Subject to your compliance with this Agreement, the Company grants you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use the Site and any purchased Courses solely for your personal, non-commercial use.
4.2 You agree that you shall not copy, reproduce, distribute, republish, download, display, transmit, sell, license, or otherwise exploit any portion of the Site or Course materials in any form or by any means without the prior written consent of the Company.
4.3 You further agree not to modify, create derivative works of, reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, structure, or underlying functionality of any part of the Site, LMS, or Course content.
4.4 You shall not use the Site or Course materials to develop competing products or services, nor shall you use any automated systems, including bots, scrapers, or data mining tools, to access or extract information from the Site.
4.5 Any unauthorized use of the Site or Course materials shall result in immediate termination of your license without refund and may subject you to civil, criminal, or injunctive action.
5. User Conduct and Prohibited Activities
5.1 You agree to use the Site in compliance with all applicable laws and regulations and in a manner consistent with this Agreement.
5.2 You shall not engage in any conduct that is unlawful, fraudulent, deceptive, abusive, or harmful to the Company, its systems, or other users. Prohibited conduct includes, but is not limited to, submitting false or misleading information, impersonating another person, engaging in fraudulent transactions, or attempting to gain unauthorized access to any portion of the Site or its systems.
5.3 You shall not upload or transmit any malicious code, viruses, or harmful content, nor shall you interfere with or disrupt the integrity or performance of the Site or its infrastructure.
5.4 You shall not engage in harassment, defamation, intimidation, or abusive behavior toward the Company, its employees, or other users, including through reviews, communications, or other interactions.
5.5 The Company reserves the right to investigate any suspected violation of this Agreement and to take any action it deems appropriate, including suspension or termination of access, removal of content, and pursuit of legal remedies.
6. Course Access, Expiration, and Availability
6.1 Access to purchased Courses is granted for the period specified on the applicable course page, typically six (6) months unless otherwise stated.
6.2 If a Course is not completed within the access period, access shall automatically expire without refund or extension. Upon expiration, access to the Course will be revoked, and any associated progress or data may be permanently deleted.
6.3 To regain access to an expired Course, you must repurchase the Course or applicable package at the then-current price.
6.4 The Company reserves the right to modify, update, replace, or discontinue any Course or feature of the Site at any time, with or without notice, and without liability.
6.5 The Company shall have no obligation to retain course progress, certificates, or training records beyond the access period except as required by applicable law or regulatory authority.
7. Intellectual Property Rights
7.1 All content on the Site, including but not limited to text, graphics, logos, videos, software, course materials, trademarks, and service marks, is the exclusive property of the Company or its licensors and is protected by applicable intellectual property laws.
7.2 Nothing in this Agreement shall be construed as granting you any ownership rights or licenses to use any intellectual property except as expressly provided herein.
7.3 You agree not to remove, alter, or obscure any copyright, trademark, or proprietary notices on the Site.
8. Training Disclaimer and Limitation of Scope
8.1 All training provided by the Company is for educational purposes only and is not intended to constitute professional certification, legal advice, or a guarantee of compliance with any applicable law or regulation.
8.2 Completion of any Course does not guarantee competency, qualification for employment, or acceptance by any regulatory authority.
8.3 You acknowledge that additional training, including employer-provided and site-specific instruction, may be required to meet applicable safety and regulatory requirements.
8.4 Responsibility for compliance with all applicable laws, regulations, and workplace requirements rests solely with you and/or your employer.
9. Certificates and Regulatory Limitations
9.1 Certificates are issued only to the individual who completes the Course requirements and are non-transferable.
9.2 The Company does not guarantee acceptance of any certificate by any regulatory authority, employer, or third party.
9.3 You are solely responsible for determining whether a Course meets your specific regulatory or professional requirements.
10. Certificate Misuse and Fraud
10.1 You agree not to misuse, alter, falsify, transfer, or improperly submit any certificate issued by the Company.
10.2 The Company reserves the right to revoke certificates, invalidate records, refuse verification, and report suspected fraudulent activity to appropriate authorities.
11. Payments, Fees, and Refund Policy
11.1 All fees are due at the time of purchase and are non-refundable unless otherwise expressly stated or required by law.
11.2 No refunds shall be issued once access to a Course has been granted or any portion of the Course has been accessed or completed.
11.3 Certain Courses may be designated as strictly non-refundable.
11.4 Online Course Refund Policy: in an unlikely event that you would like a refund for your purchase, please send us a request within 48 hours of your purchase. In order to qualify for a refund, you need to meet the following criteria:
- Course purchased no more than 48 hours prior to refund request
- You have not enrolled and started any of the courses purchased
If you meet the above criteria, please submit your refund request via email to contact@flaggerny.com with your proof of purchase attached to your email and an explanation as to why you are requesting the refund.
If you purchased your class through a reseller, the refund and cancellation policies of the reseller apply. To initiate a refund request you would need to contact the reseller where you have registered for the course.
12. Chargebacks and Payment Disputes
12.1 Initiating a chargeback or payment dispute without first attempting to resolve the issue with the Company constitutes a material breach of this Agreement and may be treated as fraudulent conduct.
12.2 Upon initiation of a chargeback, the Company may immediately suspend or terminate your access to all Courses and services, revoke any certificates issued, and permanently delete all associated training records.
12.3 The Company reserves the right to recover all amounts owed, including administrative fees, collection costs, and legal expenses, and to pursue legal action or referral to collection agencies.
12.4 By purchasing and enrolling in any training course provided by FLAGGER NY (MZI Consulting LLC), the student acknowledges that the training constitutes a digital educational service that is considered fully delivered once accessed or completed.
If a student initiates a chargeback, payment dispute, or reversal through a bank or credit card provider after accessing or completing the course, the student will be deemed to have engaged in fraudulent chargeback activity and unjust enrichment.
In such cases, FLAGGER NY reserves the right to:
- Immediately revoke all course certificates issued to the student
- Invalidate the course completion records
- Notify relevant regulatory bodies and training providers that the certificates were obtained without valid payment
- Pursue recovery of all damages, including chargeback penalties, administrative costs, and legal fees
The student agrees that any training completed as part of a disputed transaction will no longer be verifiable through FLAGGER NY systems or records.
13. Third-Party Links and Services
13.1 The Site may contain links to third-party websites or services. The Company does not control and is not responsible for the content, policies, or practices of such third parties.
13.2 Your use of third-party services is at your own risk.
14. Disclaimers
14.1 THE SITE AND ALL SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
14.2 THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
15. Limitation of Liability
15.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES.
15.2 IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE COURSE GIVING RISE TO THE CLAIM.
16. Indemnification
16.1 You agree to indemnify, defend, and hold harmless the Company from any claims, damages, liabilities, and expenses arising from your use of the Site, violation of this Agreement, or misuse of training or certificates.
17. Term and Termination
17.1 This Agreement shall remain in effect while you use the Site.
17.2 The Company may terminate your access at any time, for any reason, without notice or liability.
18. Copyright Policy (DMCA)
18.1 The Company respects intellectual property rights and will respond to valid infringement notices in accordance with applicable law.
19. Dispute Resolution and Arbitration
19.1 Any dispute arising out of or relating to this Agreement shall be resolved through binding arbitration administered by the American Arbitration Association.
19.2 You waive the right to a jury trial and participation in class actions.
20. Governing Law and Jurisdiction
20.1 This Agreement shall be governed by the laws of the State of New York.
20.2 Any legal proceedings shall be brought exclusively in New York County, New York.
21. Export Control
21.1 You agree to comply with all applicable export laws and regulations.
22. Electronic Communications
22.1 You consent to receive communications electronically, including email and SMS.
23. Modifications to Agreement
23.1 The Company reserves the right to modify this Agreement at any time. Continued use constitutes acceptance.
24. Entire Agreement and Severability
24.1 This Agreement constitutes the entire agreement between you and the Company.
24.2 If any provision is held invalid, the remainder shall remain in effect.
25. Contact Information
MZI Consulting LLC (dba FlaggerNY)
1178 Broadway, 3rd Floor #3584
New York, NY 10001
Phone: (833) 734-7827
Email: contact@flaggerny.com