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APA UniversityAPA Vice President Stephen Pelkey explains the enhancements to APA U and how your company can benefit from this on-line training tool that is available to APA members at no cost.
This on-line Learning Management System (LMS) is designed to provide APA members with access to comprehensive training resources covering over 150 topics! The APA U is a perfect addition to your current new hire training program or might even be able to replace it. The fireworks specific modules are excellent refresher programs for your seasoned employees; numerous states except our Display Operators Training Program refresher training to satisfy their continuing education requirements. . Here are just some of the courses currently offered: • Transportation of Fireworks & Hazardous Material Handling Safety, Refresher Training
* By entering your username and password into this site, you are agreeing to the Terms of Use that can be found below. Please do not enter the site without first reading these Terms
Terms of UseThis Online Learning Center and its videos, documents, and other associated content (hereinafter inclusively referred to as “E-course” or “E-courses”) has been produced by American Pyrotechnics Association (“APA”), Precise LMS, and Expert Delivery. When you access the American Pyrotechnics Association Website, you agree to this Terms of Use and Liability Waiver. Section 1: No Refunds of Membership Fees. All sales are final for online E-courses. No refunds, including refunds of membership fees allowing a member to access this program, are issued for online courses once a sale is completed. The fireworks and other tools referenced in the videos are not included in the price of the E-course (whether included in membership fees or otherwise) and must be purchased separately in a lawful manner, in compliance with all local, state, and national rules and regulations. Section 2: For Educational and Informational Purposes Only. The information in our E-courses and the American Pyrotechnics Association Website are for educational and informational purposes only and is meant to serve as an overview and not as comprehensive advice or guidance for the transportation, sale, purchase, and/or use of fireworks and other hazardous materials, or comprehensive employment advice and guidance on any general or specific topics, including but not limited to, transportation and handling of fireworks and hazardous material, back injury prevention, blood borne pathogens, ergonomics awareness, first aid, ladder safety, portable fire extinguisher training, workplace violence, sexual harassment in the workplace, and machine guarding. The APA makes no representations, guarantees, or warranties that the instructional information is complete, thorough, accurate, reliable, non-infringing, or complies with all local, state, or federal rules, regulations, or statutes. We make no representations whatsoever about the safety of the fireworks as it concerns any individual user. The information in our E-courses is by no means complete or exhaustive and therefore does not apply to all scenarios, questions, circumstances, locations, or manners of use of fireworks or any practices relating to fireworks, including the sale, marketing, advertising, employment of personnel in the industry of firework sales, fireworks use, or otherwise. As such, the information and instruction in these E-courses is not intended to be comprehensive advice or specific advice to any one individual question, concern, or issue. The information contained in the E-courses, American Pyrotechnics Association Website, and American Pyrotechnics Association Content may or may not reflect the most current legal developments; accordingly, information on the American Pyrotechnics Association Website is not promised or guaranteed to be correct or complete, and should not be relied upon as such. As legal advice must be tailored to the specific circumstances of each case, nothing provided in the E-course or on the American Pyrotechnics Association Website or the American Pyrotechnics Association Content should be used as a substitute for advice of competent counsel. The materials on the American Pyrotechnics Association Website and American Pyrotechnics Association Content do not constitute legal advice and do not necessarily reflect the opinions of American Pyrotechnics Association. Section 3: Liability of American Pyrotechnics Association Disclaimed. Before you begin any of the E-courses housed on this site, you should have a strong understanding of properly interacting with fireworks and other hazardous materials, including but not limited to, the transportation, sale, purchase, and use of fireworks and other hazardous materials. By enrolling in the E-courses and endeavoring to enhance your knowledge as it concerns activities or items, such as safely transporting, selling, purchasing, and / or using fireworks and other hazardous materials, you are assuming any and all of the risks associated therewith. THE AMERICAN PYROTECHNICS ASSOCIATION PARTIES SHALL NOT BE LIABLE, AND HEREBY EXPRESSLY DISCLAIMS ANY LIABILITY, FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER IN CONNECTION WITH, AS A RESULT OF, OR ARISING (i) OUT OF THE USE OF OR INABILITY TO USE THE AMERICAN PYROTECHNICS ASSOCIATION WEBSITE AND/OR ANY AMERICAN PYROTECHNICS ASSOCIATION CONTENT; (ii) FROM ANY INTERRUPTION IN THE AVAILABILITY OF THE AMERICAN PYROTECHNICS ASSOCIATION WEBSITE AND/OR AMERICAN PYROTECHNICS ASSOCIATION CONTENT; (iii) FROM ANY LOSS OF DATA AND/OR FROM ANY EQUIPMENT FAILURE; (iv) OUT OF THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY PROBLEMS WITH THE GOODS, CONTENT AND/OR SERVICES PURCHASED OR OBTAINED FROM THE AMERICAN PYROTECHNICS ASSOCIATION WEBSITE, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE AMERICAN PYROTECHNICS ASSOCIATION WEBSITE; (v) FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (vi) FROM STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE AMERICAN PYROTECHNICS ASSOCIATION WEBSITE; (vii) FROM ANY DELAY OR FAILURE OF THE AMERICAN PYROTECHNICS ASSOCIATION WEBSITE ARISING OUT OF CAUSES BEYOND AMERICAN PYROTECHNICS ASSOCIATION’S CONTROL; (viii) OUT OF THE USE OF, REFERENCE TO, OR RELIANCE ON, THE AMERICAN PYROTECHNICS ASSOCIATION CONTENT; (ix) OUT OF ANY THIRD PARTY MATERIALS, INFORMATION, PRODUCTS AND SERVICES CONTAINED ON, OR ACCESSED THROUGH, THE AMERICAN PYROTECHNICS ASSOCIATION WEBSITE (x) OUT OF ANY CONTENT, MATERIALS, ACCURACY OF INFORMATION, AND/OR QUALITY OF THE PRODUCTS, SERVICES OR MATERIALS PROVIDED BY OR ADVERTISED ON THIRD PARTY WEBSITE; OR (xi) OUT OF ANY OTHER MATTER RELATING TO THE AMERICAN PYROTECHNICS ASSOCIATION WEBSITE OR AMERICAN PYROTECHNICS ASSOCIATION CONTENT. Section 4: Nonexclusive, Nontransferable, Revocable License By enrolling in the E-courses, the APA grants you a nonexclusive, nontransferable, revocable license to access and use our copyrighted E-courses and any associated materials solely for your own personal and non-commercial use. Our E-course is protected under United States and foreign copyrights. The copying, redistribution, use, or publication by you of any of the content within our E-course is strictly prohibited. Your participation of our E-course does not grant you any ownership rights to our E-course. Any breach in the terms of this agreement may result in termination of your access to the E-course materials. Section 5: Third Party Content. Our E-courses include materials, information, products, processes, and services provided by third parties (i.e., non-APA generated content). Any such information, including but not limited to articles, press clippings, opinions, advice, statements, services, offers, training materials, training courses, or other information made available by third parties such as content providers and other users of the American Pyrotechnics Association Website are those of the respective third party and not of American Pyrotechnics Association or its affiliates. The American Pyrotechnics Association Online Learning Center may also provide links (including any link through an on-line banner advertisement) to other sites on the Internet for your convenience. These other sites are maintained by third parties over which American Pyrotechnics Association exercises no control. The appearance of any such third party links is not intended to endorse any particular company or product. If you decide to access any of the third party sites linked to the American Pyrotechnics Association Website, you do so entirely at your own risk. The APA is not responsible for examining or evaluating the content or accuracy of any third party information. American Pyrotechnics Association makes no representation with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third party materials, information, services, or products. Additionally, any third-party products, processes, services, or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof, or any affiliation with us. The APA is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. All complaints, claims, concerns, or questions regarding third-party products should be directed to the third party. Section 6: Must Be 18 Years of Age or Older. Our E-course is intended solely for Users who are at least age 18 years of age or older. Any use of or access to our E-course by anyone under such, is unauthorized, unlicensed and in violation of these Terms of Use. By enrolling in our E-courses, you represent and warrant that you are 18 years or older and that you agree to and to abide by all of the terms and conditions of this Agreement and all applicable federal, state, and local laws governing the age by which one is permitted to use fireworks. The APA has the sole right and discretion to determine whether to enroll any individual in our E-courses and may reject any individual with or without explanation. Section 7: Copyright Infringement Under the DMCA. We will respond quickly to claims of copyright infringement as found in our E-course, according to the terms of the Digital Millennium Copyright Act of 1998 (DMCA) as found under United States law (17 USC. § 512). If you believe any copyrights are infringed by our E-courses, please provide us with a written notice via mail, fax, or email [email protected] or [email protected] that contains the following information: (1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) A description of the copyrighted work that you claim has been infringed; (3) A description of where the material that you claim is infringing is located on our Website; (4) Your address, telephone number, and email address; (5) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. We are only required to respond to those notices that substantially comply with the above requirements. We will investigate your claim and will notify by the method of contact you used to file your notice with us. Section 8: Warranties Disclaimed. THE CONTENT PROVIDED IN OUR E-COURSE IS PROVIDED “AS IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE AND CONTENT MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. THE APA HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE OR CONTENT. THE APA CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR WEBSITE OR CONTENT. THE APA DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT OR OUR SERVICES FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT ANY SUCH ITEMS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT AND SERVICES IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT THROUGH OUR WEBSITE OR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT. IN NO EVENT WILL THE APA OR ANY OF ITS EMPLOYEES, CONTRACTORS, VENDORS, AFFILIATES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OR MISUSE OF THE E-COURSES WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT, NEGLIGENCE, EQUITY, STATUTE OR BY WAY OF ANY OTHER LEGAL THEORY REGARDLESS OF WHETHER SUCH DAMAGES COULD HAVE BEEN FORESEEN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE APA’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE E-COURSES WE PROVIDE PRIOR TO THE EVENT GIVING RISE TO LIABILITY. Section 9: Applicable Laws. This Terms of Service Agreement shall be governed and construed in accordance with applicable federal law and the substantive laws of Maryland without giving effect to the principles of conflict of laws. Any cause of action by you with respect to our Website or Content must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. Section 10: Exclusions Permitted By Law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the above limitations which are lawful in your jurisdiction will apply to you and APA’s liability will be limited to the maximum extent permitted by law. Section 11: Indemnification. To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless the American Pyrotechnics Association Parties from and against all claims arising from or in any way related to your use of the American Pyrotechnics Association Website and/or American Pyrotechnics Association Content, a violation by you of these Terms of Use, or any other actions connected with your use of the American Pyrotechnics Association Website and/or American Pyrotechnics Association Content, including any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs and attorney’s fees. American Pyrotechnics Association will provide prompt written notice of any such claims, but failure to provide such notice will not release you from any of your obligations pursuant to this Section, and will not relieve you from any other liability that you may have to the American Pyrotechnics Association Parties other than under this Section. Section 11: Sole Right and Exclusive Remedy. IN THE EVENT YOU ARE DISSATISFIED WITH, OR DISPUTE, THESE TERMS OF USE, THE AMERICAN PYROTECHNICS ASSOCIATION ONLINE LEARNING CENTER AND/OR THE AMERICAN PYROTECHNICS ASSOCIATION CONTENT, YOUR SOLE RIGHT AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR USE OF THE AMERICAN PYROTECHNICS ASSOCIATION WEBSITE, EVEN IF THAT RIGHT OR REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE. YOU CONFIRM THAT AMERICAN PYROTECHNICS ASSOCIATION HAS NO OTHER OBLIGATION, LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PARTY. Section 12: Conflicting Content. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement. |