Member Agreement
Effective Date: September 12, 2024

This Member Agreement (“Agreement”) governs your access to and use of the learning management system (LMS) provided by Smiley Lifting Solutions, LLC (“we”, “us”, “our”) on cranecerts.tovuti.io. By registering as a member and accessing or using the LMS, you agree to comply with the terms outlined in this Agreement. If you do not agree to the terms of this Agreement, you must not use the LMS.

1. Membership Eligibility
To register as a member of cranecerts.tovuti.io, you must:

Be at least 18 years of age.
Provide accurate and complete information during registration.
Agree to comply with this Agreement and all applicable laws and regulations.
We reserve the right to refuse membership or terminate your account at our sole discretion if we find that you have violated any of the terms in this Agreement.

2. Account Responsibilities
When you create an account on cranecerts.tovuti.io, you agree to:

Keep your login credentials confidential and not share them with any other individual.
Notify us immediately if you suspect unauthorized use of your account.
Be responsible for any activities or actions taken using your account, whether or not you authorized them.
3. Use of the LMS
As a member of cranecerts.tovuti.io, you are granted access to courses, learning materials, certifications, and other features of the LMS. You agree that you will:

Use the LMS for personal, non-commercial learning purposes only.
Complete the courses and certifications provided through the LMS according to the guidelines and timelines set forth.
Not engage in any unlawful activities or submit any content that violates any applicable laws or the rights of others.
4. Course Participation and Certifications
Upon successful completion of certain courses offered through the LMS, you may be eligible to receive certifications or credentials. While we strive to provide accurate and up-to-date training, we do not guarantee that any certification obtained through the LMS will meet specific industry, employer, or regulatory requirements.

5. Fees and Payments
Some courses or services on the LMS may require payment of fees. By enrolling in such courses or services, you agree to:

Pay all applicable fees for the course or service, as outlined at the time of enrollment.
Provide accurate payment information and authorize us to charge your designated payment method.
Understand that all payments are final, and refunds will be issued only under the specific circumstances outlined in our refund policy.
6. Termination of Membership
You may terminate your membership at any time by contacting us at info@smileylifting.com. We reserve the right to suspend or terminate your account at our discretion if:

You violate any terms of this Agreement.
You misuse the LMS in any way.
Your account remains inactive for a prolonged period, as determined by us.
Upon termination of your membership, your access to the LMS, course progress, and certifications will be revoked.

7. Intellectual Property
All content available on cranecerts.tovuti.io, including courses, learning materials, images, and text, is the intellectual property of Smiley Lifting Solutions, LLC or its licensors. You agree that:

You will not reproduce, distribute, or create derivative works from any content available on the LMS without our prior written consent.
Any content you upload or submit to the LMS will not infringe on the rights of any third party or violate any laws.
8. Privacy and Data Security
We value your privacy and handle your personal information in accordance with our Privacy Policy, which is incorporated into this Agreement by reference. By becoming a member, you consent to the collection, use, and storage of your personal information as described in our Privacy Policy.

9. Disclaimers and Limitation of Liability
The LMS and all related content are provided on an "as-is" and "as-available" basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.

We are not liable for any direct, indirect, incidental, or consequential damages arising from your use or inability to use the LMS, including but not limited to the loss of data, certifications, or business opportunities.

10. Governing Law and Dispute Resolution
This Agreement is governed by the laws of the State of Arizona, without regard to conflict of laws principles. Any disputes arising from or relating to this Agreement or your membership will be resolved exclusively in the state or federal courts located in Maricopa County, Arizona.

11. Changes to this Agreement
We may modify this Agreement from time to time at our discretion. Any changes will be posted on cranecerts.tovuti.io, and your continued use of the LMS constitutes your acceptance of the revised terms.

12. Contact Us
If you have any questions regarding this Member Agreement, please contact us at:

Smiley Lifting Solutions, LLC
Phone: 623-215-1000
Address: 5326 W Mohave St, Phoenix, AZ 85043
Email: info@smileylifting.com