Terms of Service

Welcome to Omega Instituto Hispano, Inc. («Omega Instituto Hispano», «we», «us», or «our») which operates the website located at https://institutotecnicohispanoomega.com/ (the «Website») and mobile applications, online services, and any other products and services we may provide now or in the future (collectively, the «Services»). The following Terms of Service constitute a legal contract between you («you» and «your») and Omega Instituto Hispano regarding your use of the Website and the Services. Visitors and users of the Services are referred to individually as a «User» and collectively as the «Users».

PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY. BY REGISTERING, ACCESSING, BROWSING, OR USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS (COLLECTIVELY, THE «TERMS»).

THESE TERMS REQUIRE THAT DISPUTES BE RESOLVED BY ARBITRATION INSTEAD OF JURY TRIALS. YOU AGREE THAT ANY CLAIM, CAUSE OF ACTION, REMEDY, OR DISPUTE BETWEEN YOU AND US, OR OUR AFFILIATES, LICENSORS, OR PROVIDERS, WILL BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE AS A PLAINTIFF OR MEMBER IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU DO NOT AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL AND AGREE TO INDIVIDUAL ARBITRATION FOR ANY DISPUTE BETWEEN YOU AND US, AS SET FORTH BELOW, YOU MAY OPT OUT AS DETAILED BELOW OR CHOOSE NOT TO USE THE WEBSITE AND THE SERVICES.

1.Accounts.

THE WEBSITE IS NOT AVAILABLE TO (A) ANY PERSON UNDER 18 YEARS OF AGE OR (B) ANY USER WHO HAS BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE WEBSITE BY OMEGA INSTITUTO HISPANO.

1.1 By clicking «I Agree» or by using or registering for an account to use the Services, you represent that you are at least 18 years old and that you agree to be legally bound by the Terms. You also represent that Omega Instituto Hispano has not previously suspended or removed you from the Services and that you agree to abide by and be legally bound by our community guidelines (the «Guidelines»).

1.2 Account. In order to use the Services, you must register for an account. When setting up and maintaining your account, you must provide and keep accurate and complete information, including a valid email address and phone number. By providing your phone number, you represent and warrant that you are the subscriber and regular user of that number. You are solely responsible for maintaining the confidentiality of your account and password and for all activities that occur under your account or password. You may not allow others to use your account or someone else’s account without their permission. We may limit the number of devices you can use the Service on, or require two-step verification (2-Step Verification) for new devices.

2.Privacy Policy.

Your privacy is important and a priority to us. Please carefully read our Privacy Policy for information regarding the collection, use, and disclosure of your personal information by Omega Instituto Hispano. Among other things, our Privacy Policy explains how we handle your personal information and protect your privacy when using our Website and Services, and explains the procedures through which Users can view, update, correct, or delete their accounts and personal information.

3.Modification of Terms.

By opening an account, you agree to the Terms in the form posted on our website. Omega Instituto Hispano reserves the right, at our discretion, to change, modify, add, or remove parts of the Terms at any time. Please review the Terms periodically for any changes made after you open your account.

Your continued use of the Services after the posting of changes constitutes your binding acceptance of such changes. For any material change to the Terms, Omega Instituto Hispano will make a reasonable effort to notify you of the modified Terms, such as by sending an email to the address associated with your account or posting a notice in the Services, and such modified terms will become effective for you when (i) you are actually notified of such changes, or (ii) thirty days after Omega Instituto Hispano makes a reasonable effort to provide you with such notice, whichever occurs first.

However, changes addressing new features of a service or changes made to manage Omega Instituto Hispano’s liability or otherwise required by law will become effective immediately. If you do not agree with the modified Terms, you must discontinue your use of the Services. Disputes arising under these Terms will be resolved according to the version of the Terms in effect at the time the dispute arose.

4.Payments

4.1 Prices. The prices for courses and other educational services provided by Omega Instituto Hispano are determined based on Omega Instituto Hispano’s list prices, promotional policies, and applicable sales taxes, if any. In some cases, the price of a course or other products and services offered on the Omega Instituto Hispano website may not be the same as the price offered on affiliate websites or those of business partners with specific agreements to implement sales and promotions.

4.2 Payments. You agree to pay the fees for the courses, products, or services you purchase, and authorize us to charge your debit or credit card or process other payment methods for such fees. Payment must be made in advance unless we notify you otherwise. Omega Instituto Hispano works with third-party payment processing partners to offer you the most convenient payment methods in your country and to keep your payment information secure. Please refer to our Privacy Policy for more details.

4.3 Refunds and Credits. If the course you purchased is not what you expected, you can request, within 7 days of purchasing the course, that Omega Instituto Hispano credit/refund your account. You must submit your request by emailing pagos@omegainstitutohispano.com. Such a request will only be valid once confirmed by us by email, and will not be effective until the 1st of the following month. Under no circumstances will the remaining amount for the current month or services already paid for be refunded. If you wish to resume your studies at a later date, you may need to pay a reactivation fee.

4.4 Recurring Subscriptions. If you select a Service with an auto-renewal feature («Recurring Subscription»), you authorize Omega Instituto Hispano to maintain your account information and charge your credit card or other payment method for subscription fees for that Recurring Subscription automatically upon each renewal of the Service you choose, with no additional action required from you.

A Recurring Subscription will automatically renew at the end of each subscription period unless you cancel that subscription by submitting a request to pagos@Institutotecnicohispanoomega.com. If Omega Instituto Hispano is unable to charge your credit card or other payment method authorized by you when you signed up for a Recurring Subscription, Omega Instituto Hispano, at its sole discretion, may charge you for the Service and suspend your access to it until payment is received. Omega Instituto Hispano may change the price of Recurring Subscriptions from time to time and will notify you of any price changes in advance and, if applicable, how to accept such changes.

Payments for a Recurring Subscription are non-refundable, and no refunds or credits will be given for partially used periods. You may cancel a Recurring Subscription at any time, but if you cancel before the end of the current subscription period, no refund will be issued for any subscription fees already paid.

5.License and Usage Limitations

We grant you a limited, non-exclusive, non-transferable license to access and view the courses and associated content for which you pay all required fees, solely for your personal educational, non-commercial purposes, through the Services, in accordance with these Terms and any condition or restriction associated with a particular course or feature of our Services. All other uses are expressly prohibited. This license does not include the right to reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works from, sublicense, or otherwise transfer or use any course. You may not use the Services to provide educational services to others. You may not access or use the Services or create an account for illegal purposes. Your use of the Services and your conduct on our platform must comply with the local or national laws or regulations applicable in your country. You are solely responsible for knowing and complying with the laws and regulations that apply to you. You may not access our Services if you are in a territory where U.S. businesses are prohibited from doing business (such as Cuba, Iran, North Korea, Sudan, or Syria) or if you have been designated as a Specially Designated National, Denied Person, or Denied Entity by the U.S. government. Omega Instituto Hispano hereby reserves all rights not expressly granted in this Agreement.

6.Your Content

Our Service may allow you to post content, such as reviews, discussions, and ratings. The content you post remains yours; however, by posting content, you grant Omega Instituto Hispano permission to reuse and share it, but you do not lose any ownership rights you may have over your content. When you post comments, questions, reviews, and send us ideas and suggestions for new features or improvements, you authorize Omega Instituto Hispano to use and share this content with anyone, to distribute and promote it on any platform and by any means, and to make modifications or edits as deemed appropriate.

By submitting or posting content on or through the platforms, you grant us a worldwide, non-exclusive, royalty-free (with the right to sublicense) license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your content through all media or distribution methods (whether now existing or developed in the future). This includes making your content available to other companies, organizations, or individuals that partner with Omega Instituto Hispano to syndicate, broadcast, distribute, or publish content on other media.

You represent and warrant that you have all the necessary rights, power, and authority to authorize us to use any content you submit. You also agree to all such uses of your content without compensation. Any feedback, comments, or suggestions you may provide regarding Omega Instituto Hispano or the Services is entirely voluntary, and we may use any feedback, comments, or suggestions as we see fit without any obligation to you.

As a «User,» you authorize Omega Instituto Hispano, its subsidiaries, and/or assignees to use your image, including your name, voice, photographs, videos, and others submitted through Practical Activities for the Featured Students section of Omega Instituto Hispano, for advertising, promotion, and marketing of Omega Instituto Hispano products on social media, promotional emails, website, and other media. You agree that the Content may be combined with other images, text, graphics, films, audio, audiovisual works; and may be cropped, altered, or modified.

You acknowledge and agree that you have no right to additional consideration or accounting, and that you will not make claims for any reason against Omega Instituto Hispano. You acknowledge and agree that this document is binding on your heirs. You agree that this release is irrevocable, worldwide, and perpetual, and will be governed by applicable law.

7.Term and Termination

7.1 Term. These Terms will remain in effect as long as you use the Services, unless and until your account is terminated as set forth in these Terms, in which case you will no longer have the right to use the Services.

7.2 Termination by Omega Instituto Hispano. Omega Instituto Hispano, at its sole discretion, for any reason or no reason, and without penalty, may suspend or cancel any account (or part thereof) that you may have with Omega Instituto Hispano or your use of the Services and remove and discard all or part of your account. Omega Instituto Hispano may also, at its sole discretion and at any time, suspend access to the Services, or any part thereof, with or without notice. Following such termination, you will be entitled to a refund of any unused fees for Services not yet provided. Any suspicion of fraudulent, abusive, or illegal activity may be referred to the appropriate law enforcement authorities. If we block your account or disable your access to a course or the Services due to your violation of these Terms, you will not be eligible for any credit or refund.

7.3 Termination by You. You may terminate these Terms at any time (prospectively only) by deleting your login account with the Services and discontinuing the use

8.Representations and Warranties

You represent, warrant, and agree that you will not provide any User Content or use the Services in a manner that: (i) infringes, violates, or misappropriates the intellectual property rights, privacy rights, or other rights of any other person; (ii) violates any international, federal, state, or local law, statute, ordinance, or regulation, or results in Omega Instituto Hispano violating applicable laws or regulations, including, but not limited to, applicable privacy laws (collectively, the «Applicable Law»); (iii) is harmful, fraudulent, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; or (iv) jeopardizes the security of your account or the Services in any way, such as allowing another person to access your account or password or submit User Content containing viruses.

8.1 No Warranties
THE SERVICES, INCLUDING THE WEBSITE AND ALL CONTENT OR APPLICATIONS, ARE PROVIDED «AS IS.» TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, OMEGA INSTITUTO HISPANO HEREBY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER STATUTORY, EXPRESS, OR IMPLIED. OMEGA INSTITUTO HISPANO DOES NOT WARRANT THAT THE WEBSITE OR ANY DATA, CONTENT, OR INFORMATION PROVIDED ON THE WEBSITE OR THROUGH IT WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

8.2 No Official Diploma or License
THE CERTIFICATE WE ISSUE TO YOU WHEN YOU SUCCESSFULLY COMPLETE ONE OF OUR COURSES IS A PHYSICAL OR DIGITAL DOCUMENT CREATED BY OMEGA INSTITUTO HISPANO FOR YOUR PERSONAL USE. THIS CERTIFICATE IS NOT INTENDED TO REPLACE OR QUALIFY AS AN OFFICIAL DIPLOMA OR LICENSE FROM ANY PROFESSIONAL ORGANIZATION, STATE OR FEDERAL AGENCY, OR ANY ENTITY THAT ISSUES FEDERAL OR STATE LICENSES. YOU SHOULD NOT REPRESENT OR PRESENT OUR CERTIFICATE TO THIRD PARTIES AS AN OFFICIAL DIPLOMA OR LICENSE OR AS A PROFESSIONALY APPROVED DOCUMENT.

9.Limitation of Liability and Damages

THERE ARE INHERENT RISKS IN PRACTICING AND IMPLEMENTING THE SKILLS YOU LEARN THROUGH OUR SERVICES. YOU FULLY ACCEPT THESE RISKS AND AGREE THAT YOU WILL HAVE NO REMEDY TO PURSUE DAMAGES AGAINST OMEGA INSTITUTO HISPANO, EVEN IF YOU SUFFER LOSSES OR DAMAGES IN IMPLEMENTING THE KNOWLEDGE OR SKILLS YOU LEARNED USING OUR SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL LIABILITY, ON OUR OWN BEHALF OR ON BEHALF OF OUR LICENSORS OR SUPPLIERS, FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, CONTRACTUAL DAMAGES, WARRANTY DAMAGES, TORT DAMAGES, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). OUR LIABILITY TO YOU HEREUNDER IS LIMITED TO THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIMS FOR THE APPLICABLE COURSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE THAT OMEGA INSTITUTO HISPANO HAS OFFERED AND SET PRICES FOR THE SERVICES RELYING ON THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND OMEGA INSTITUTO HISPANO, AND THAT THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND OMEGA INSTITUTO HISPANO.

10.Individual Arbitration of Claims and Disputes

10.1 Claims and Disputes Subject to Arbitration
In the event that a dispute between you and Omega Instituto Hispano cannot be resolved amicably by communicating with our team at admin@institutotecnicohispanoomega.com, any claim, cause of action, remedy, or dispute between you and us, or our affiliates, licensors, or suppliers, will be resolved through binding individual arbitration as set forth in this document, and not through litigation in any court, including but not limited to, claims or disputes arising from or related to these Terms or any service or agreement related thereto, any prior agreement between you and us, any marketing or advertising by Omega Instituto Hispano, use of our Website, or your request to, or approval or denial by you, to receive the Services. Claims or disputes are subject to arbitration regardless of the theory upon which they are based or whether they seek legal or equitable remedies. Arbitration applies to each and every such claim or dispute, whether arising in the past, currently existing, or arising in the future. In this section, all claims or disputes will be referred to as «Claims.» The only exception to binding individual arbitration of Claims is that both you and we have the right to bring a Claim in a small claims court instead of arbitration if the Claim is within the jurisdiction of that court and is pursued individually.

10.2 Law Governing Arbitration, Right to Opt Out, and Waiver of Certain Rights
This arbitration agreement is made in accordance with the Federal Arbitration Act, 9 USC §§ 1-16 («FAA»). YOU HAVE THE RIGHT TO OPT OUT OF THIS ARBITRATION AGREEMENT, AS SET FORTH BELOW. UNLESS YOU EXCLUDE YOURSELF FROM ARBITRATION, YOU AND WE WAIVE THE RIGHT TO HAVE OUR DISPUTE HEARD BY A JUDGE OR JURY, OR TO BE DECIDED IN ANY OTHER COURT OR GOVERNMENT TRIBUNAL, AND YOU AND WE ALSO WAIVE ANY ABILITY TO ASSERT OR PARTICIPATE IN A CLASS, MASS, REPRESENTATIVE, OR CONSOLIDATED PROCEEDING, WHETHER IN COURT OR IN ARBITRATION. ALL DISPUTES, EXCEPT AS SET FORTH BELOW, MUST BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION WHEN EITHER YOU OR WE REQUEST IT.

10.3 Arbitration Forum and Rules Governing Arbitration
You and we agree to binding individual arbitration before a single arbitrator who is an attorney, with knowledge and experience in consumer services matters, and who speaks both English and Spanish, designated by Judicial Arbitration and Mediation Services («JAMS») upon request by either party of these Terms and in accordance with the JAMS Simplified Arbitration Rules and Procedures. Such arbitrator will conduct the arbitration in accordance with JAMS rules, including JAMS’ Minimum Consumer Arbitration Rules. You have the right to choose for the arbitration to be held in person at your place of residence; otherwise, the arbitration will be conducted in Houston County, Texas, unless JAMS’ Rules or other applicable laws require otherwise. The arbitrator’s decision and award will be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court with jurisdiction. Any obligation to arbitrate under the Terms will survive the termination of the Terms for any reason. For the enforcement of any award, the parties irrevocably accept the jurisdiction and venue of the state or federal courts in and for Houston County, Texas. If you opt out of this arbitration agreement, or if the arbitration agreement is declared void, invalid, or unenforceable, you and we agree that any Claim will be brought only in the state or federal courts in and for Miami-Dade County, Florida, and in such case, both you and Omega Instituto Hispano hereby consent to and submit to the personal and exclusive jurisdiction of such courts in order to litigate such Claims. Notwithstanding this, Omega Instituto Hispano may still seek injunctive or other equitable relief to protect or enforce its intellectual property rights in any court of competent jurisdiction.

10.4 Arbitration Costs and Legal Fees
In relation to arbitration costs, when initiating an arbitration against us, the only fee you will have to pay is $250, or any other amount that JAMS may determine from time to time and which is approximately equivalent to the current court fees. We will pay the remaining case management fees of JAMS and the arbitrator’s fees. When we are the claimant party initiating arbitration against you, we will pay all the costs associated with the arbitration. Each party will bear its own attorney’s fees, unless otherwise required by law. If a statute grants you the right to recover any of these fees, the statutory rights will apply in arbitration despite any provision to the contrary in this document.

10.5 Opting Out of the Arbitration Agreement
You have the right to opt out of this arbitration agreement if you notify us within thirty (30) days of your first opportunity to review these Terms. Opt-out requests made after thirty (30) days from your first opportunity to review these Terms will be invalid. If you wish to opt out, please send us a letter to the address provided in the Notices section (Section 11.1) below. Otherwise, this arbitration agreement will apply without limitation. If you validly opt out of this arbitration agreement, your decision to opt out will only apply to this arbitration agreement and not to any other arbitration agreement between you and us.

10.6 Survival, Conflict, and Severability
This arbitration agreement will survive the termination of these Terms or any other agreement between you and us, as well as in the event of your bankruptcy. In the case of conflict or inconsistency between this arbitration agreement, on one hand, and the JAMS Rules or the Terms, on the other hand, this arbitration agreement will govern. If any part of this arbitration agreement is found to be invalid or unenforceable, that part will be limited or eliminated to the minimum extent necessary, and the remainder of this arbitration agreement will continue in full force and effect, except that if the part of this arbitration agreement where the parties waive any ability to assert or participate in a class, mass, representative, or consolidated proceeding, whether in court or in arbitration, is found to be invalid or unenforceable, then this entire arbitration agreement will be declared void, invalid, and of no effect.

11.Miscellaneous Provisions

11.1 Notices
Omega Instituto Hispano may provide you with notices, including those related to changes in these Terms, by email, postings on the Services, or other reasonable means. Notices will be deemed delivered twenty-four hours after email is sent, unless Omega Instituto Hispano is notified that the email address is invalid. Any notice directed to Omega Instituto Hispano must be sent via U.S. First Class mail to Omega Instituto Hispano at the following address: 701 Tillery St #12, Austin, TX 78702, Mailbox #178, and via email to admin@institutotecnicohispanoomega.com.

11.2 Waiver
The failure of Omega Instituto Hispano to exercise or enforce any right or provision of these Terms will not constitute a waiver of that right or provision. Any waiver of any provision of the Terms will be effective only if in writing and signed by Omega Instituto Hispano.

11.3 Applicable Law
The Terms will be governed and construed in accordance with the laws of the State of Texas, without regard to any conflict of laws principles that may cause the application of the laws of any other jurisdiction.

11.4 Severability
If any provision of these Terms is found to be illegal, void, or for any reason unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remainder of these Terms will remain in full force and effect.

11.5 Assignment
The Terms and the rights and licenses granted herein may not be transferred or assigned by you without prior written consent from Omega Instituto Hispano, but may be assigned by Omega Instituto Hispano without your consent or restriction. Any attempted assignment in violation of the Terms will be null and void.

11.6 Survival
Upon termination of these Terms, any provision that by its nature or express terms should remain in effect will survive such termination or expiration.

11.7 Titles
The references to titles in these Terms are for convenience only and do not constitute part of the Terms and will not be construed as limiting or affecting any provisions herein.

11.8 Entire Agreement
These Terms constitute the entire agreement between you and Omega Instituto Hispano concerning the subject matter hereof and will not be amended except in writing, signed by both parties, or by a change to the Terms made by Omega Instituto Hispano as set forth in Section 3 above.

11.9 Contact Us
If you have any questions, concerns, or comments, please contact us at admin@institutotecnicohispanoomega.com.