Terms and Conditions

Effective Date: January 8, 2025
 Last Updated: January 8, 2025

Governing Entity: Grab Bar Installer Association of America (GBIAA), LLC
 Website: gbiaa.com
 Email: [email protected]
 Mailing Address: Grab Bar Installers Association of America, 7901 4th St N Ste 300, St. Petersburg, FL 33702

Welcome to the Grab Bar Installer Association of America ("GBIAA," "we," "us," or "our"). These Terms and Conditions ("Terms") govern your access to and use of the GBIAA website located at gbiaa.com (the "Site") and all related services, including membership, certification programs, courses, forums, and member resources (collectively, the "Services").

By accessing or using our Site or Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use our Site or Services.



1. CERTIFICATION DISCLAIMER AND COMPLETE RELEASE OF LIABILITY

READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND ELIMINATES YOUR ABILITY TO SUE GBIAA.

1.1 Educational Purpose Only
 GBIAA certifications are educational credentials that indicate successful completion of our courses and training programs. Certification does NOT:

1.2 Independent Contractor Relationship
 No partnership, agency, joint venture, franchise, distributorship, or employment relationship is created by your use of the Services, purchase of any product, membership, or certification. You are an independent contractor solely responsible for your own business operations, decisions, and compliance with all applicable laws.

1.3 Course Content Limitations
 YOU ACKNOWLEDGE AND AGREE THAT:

1.4 Complete Waiver and Release of All Claims
 TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY FOREVER AND IRREVOCABLY RELEASE, WAIVE, AND DISCHARGE ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LAWSUITS, LIABILITIES, DAMAGES, LOSSES, COSTS, AND EXPENSES OF ANY KIND WHATSOEVER AGAINST GBIAA, ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, INSTRUCTORS, AFFILIATES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE "RELEASED PARTIES") ARISING FROM OR RELATED TO:

1.5 No Right to Sue
 YOU EXPRESSLY AGREE THAT YOU HAVE NO RIGHT TO SUE OR BRING ANY LEGAL ACTION AGAINST THE RELEASED PARTIES FOR ANY MATTER DESCRIBED IN SECTION 1.4, AND YOU WAIVE ANY AND ALL RIGHTS TO DO SO, EVEN IF CAUSED BY THE NEGLIGENCE OR OTHER FAULT OF THE RELEASED PARTIES.

1.6 Assumption of All Risk
 YOU ASSUME ALL RISK AND RESPONSIBILITY FOR:

1.7 No Liability for Member Actions
 GBIAA ASSUMES NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR:

1.8 Third-Party Beneficiaries
 This release and waiver is intended to benefit and protect not only GBIAA but also all Released Parties, who are intended third-party beneficiaries of this agreement.

1.9 Acknowledgment of Understanding
 BY ACCEPTING THESE TERMS, YOU ACKNOWLEDGE THAT:

IF YOU DO NOT AGREE TO THIS COMPLETE RELEASE AND WAIVER, DO NOT USE OUR SERVICES, TAKE OUR COURSES, OR BECOME A MEMBER.



2. Eligibility

You must be at least 18 years old to register for membership or use our Services. By creating an account, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms.

We do not knowingly collect information from children under 13 years of age. If we become aware that a child under 13 has provided us with personal information, we will take steps to delete such information.



3. Account Registration and Security

3.1 Account Creation
 To access certain features of the Services, you must create an account by providing accurate and complete information, including your name, business name, location, phone number, and email address.

3.2 Account Security
 You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

3.3 Account Accuracy
 You agree to keep your account information current and accurate. Failure to maintain accurate information may result in suspension or termination of your account.



4. Membership

4.1 Membership Tiers
 GBIAA offers different membership tiers with varying benefits and pricing. Membership benefits may include access to courses, certification programs, member directories, forums, marketing materials, and other resources.

4.2 Membership Fees
 Membership fees are detailed on our Site and are subject to change. We will provide at least 30 days' notice before any fee changes take effect for existing members.

4.3 Automatic Renewal
 Some memberships may automatically renew at the end of each term unless you cancel prior to the renewal date. You will be charged the then-current membership fee upon renewal.

4.4 Cancellation and Refunds
 You may cancel your membership at any time by providing at least 7 days' written notice.

For Auto-Renewing Memberships: If your membership is set to automatically renew, you can cancel by sending an email to [email protected] at least 7 days before your renewal date. Your cancellation will take effect at the end of your current billing period.

Upon cancellation, you will receive a pro-rated refund for the unused portion of your membership term. Refunds will be processed within 30 days of cancellation.

4.5 Changes to Membership Benefits
 We reserve the right to modify, add, or remove membership benefits at any time with 30 days' notice to members.



5. Courses and Certification Programs

5.1 Course Access
 Courses may be purchased separately or included as part of a membership tier. Upon purchase or enrollment, you will have access to course content for one year from the date of purchase or enrollment.

5.2 Certification
 Upon successful completion of certification requirements, you will receive a GBIAA certification. Certifications are valid for one year from the date of issuance.

5.3 Certification Renewal
 To maintain your certification beyond one year, you must complete continuing education requirements and renew your certification. Failure to renew will result in expiration of your certification and loss of the right to display the GBIAA certification mark or logo.

5.4 Certification Revocation
 GBIAA reserves the right to revoke certifications at any time for violations of these Terms, ethical breaches, fraudulent conduct, or other good cause as determined in our sole discretion.

5.5 Third-Party Platform
 Courses are hosted on Thinkific, a third-party learning management system. Your use of Thinkific is subject to their separate terms of service and privacy policy.



6. Member Directory and Listings

6.1 Directory Inclusion
 Active members in good standing may be included in our member directory. Directory listings display information from your member profile, including name, business name, location, and contact information.

6.2 Listing Accuracy
 You are responsible for maintaining accurate information in your member profile. GBIAA is not responsible for inaccurate or outdated listing information.

6.3 No Endorsement
 Inclusion in the member directory does not constitute an endorsement, recommendation, or guarantee by GBIAA. Users of the directory are encouraged to perform their own due diligence when selecting service providers.

6.4 Future Features
 GBIAA may introduce additional directory features in the future, including paid listing enhancements, user reviews, and ratings. We will provide notice before implementing such features.

6.5 Removal from Directory
 GBIAA reserves the right to remove any member from the directory at any time, with or without cause, including for violations of these Terms or upon termination of membership.



7. Marketing Materials and Intellectual Property

7.1 GBIAA Intellectual Property
 All content on the Site, including text, graphics, logos, images, course materials, and software, is the property of GBIAA or its licensors and is protected by copyright, trademark, and other intellectual property laws.

7.2 Use of Marketing Materials
 Active members in good standing may access and use GBIAA-provided marketing materials for the purpose of promoting their services. Marketing materials must be used as provided without modification. You may not:

7.3 Certification Mark Usage
 Only current, certified members in good standing may display the GBIAA certification mark or logo. Upon expiration or revocation of certification, you must immediately cease all use of GBIAA certification marks.

7.4 License Grant
 Subject to compliance with these Terms, GBIAA grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal or business use.

7.5 Intellectual Property Enforcement
 We reserve the right to seek injunctive relief, damages, and attorneys' fees for unauthorized use of our intellectual property.



8. User-Generated Content

8.1 Content Submission
 The Services may allow you to post, upload, or submit content, including forum posts, comments, photos, reviews, and profile information ("User Content").

8.2 Content License
 By submitting User Content, you grant GBIAA a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in connection with the Services and to operate, improve, and promote the Services.

8.3 Content Representations
 You represent and warrant that you have all necessary rights to your User Content and that it does not infringe on the intellectual property or other rights of third parties.

8.4 Content Standards
 You agree that your User Content will not:

8.5 Content Moderation
 GBIAA reserves the right to review, monitor, edit, or remove any User Content at any time, with or without notice, for any reason, including violations of these Terms or our community standards.

8.6 No Obligation to Monitor
 GBIAA has no obligation to monitor User Content but reserves the right to do so.



9. Acceptable Use

You agree not to:

We may suspend or terminate access for violations.



10. Payment and Billing

10.1 Third-Party Payment Processing
 All payments for memberships, courses, and other services are processed by Thinkific, a third-party platform that utilizes multiple payment processors. GBIAA DOES NOT directly process, handle, or control any payment transactions.

10.2 No Control Over Payment Systems
 YOU ACKNOWLEDGE AND AGREE THAT:

10.3 Payment Authorization
 By providing payment information to Thinkific, you authorize the applicable payment processor to charge the fees for GBIAA services to your designated payment method. This authorization is between you and Thinkific/the payment processor, not GBIAA.

10.4 Payment Information Accuracy
 You agree to provide current, complete, and accurate payment information to Thinkific and to update such information promptly if it changes.

10.5 Failed Payments
 If a payment fails, we may suspend your access to the Services until payment is received. Repeated failed payments may result in termination of your membership. GBIAA is not responsible for payment failures caused by Thinkific or payment processors.

10.6 Taxes
 You are responsible for all applicable taxes associated with your membership or purchases, except for taxes based on GBIAA's net income.

10.7 Thinkific Terms
 Your purchase and use of courses through Thinkific is also subject to Thinkific's terms of service and privacy policy, which are separate from and in addition to these Terms.

10.8 Digital Delivery
 Courses, credentials, memberships, and related materials are delivered digitally and may be available immediately upon purchase. By purchasing, you acknowledge and consent to immediate digital delivery, which may affect certain cancellation rights.



11. Liquidated Damages for Unauthorized Use of Directory Data

11.1 Prohibited Conduct
 Unauthorized scraping, copying, downloading, harvesting, or commercial exploitation of member directory content or data is a material breach of these Terms.

11.2 Liquidated Damages
 Due to the difficulty of calculating actual damages from unauthorized directory use, you agree to pay liquidated damages of $3,000 per day for each day of unauthorized use, scraping, or commercial exploitation of directory data. This amount represents a reasonable pre-estimate of GBIAA's harm and is not intended as a penalty.

11.3 Additional Remedies
 The liquidated damages provision is in addition to, not in place of, GBIAA's rights to seek injunctive relief, actual damages (if greater), and other legal remedies available under law.



12. DMCA Policy (Copyright Infringement)

If you believe material on the Sites infringes your copyright, notify our DMCA Agent at [email protected] (or by mail to Grab Bar Installers Association of America, 7901 4th St N Ste 300, St. Petersburg, FL 33702) with all elements required under 17 U.S.C. §512(c)(3), including:



13. Termination and Suspension

13.1 Termination by You
 You may terminate your membership at any time by providing at least 7 days' written notice as described in Section 4.4.

13.2 Termination by GBIAA
 GBIAA reserves the right to suspend or terminate your account and access to the Services at any time, with or without cause, with or without notice. Upon termination for cause, no refund will be provided. Upon termination at GBIAA's discretion without cause, a pro-rated refund will be issued.

13.3 Grounds for Termination
 Grounds for immediate termination include, but are not limited to:

13.4 Effect of Termination
 Upon termination:



14. Disclaimers and Warranties

14.1 "As Is" Basis
 THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

14.2 No Guarantee of Accuracy
 GBIAA does not warrant that the Services will be uninterrupted, error-free, or free of viruses or other harmful components. We do not guarantee the accuracy, completeness, or usefulness of any information on the Site.

14.3 Professional Standards
 GBIAA provides educational resources and training but does not guarantee that such resources comply with all local, state, or federal requirements. Members are responsible for ensuring their work complies with all applicable laws, codes, and standards.

14.4 Third-Party Content
 The Site may contain links to third-party websites or services. GBIAA is not responsible for the content, accuracy, or practices of third-party sites. Your use of third-party services (including Thinkific and payment processors) is subject to their separate terms and policies.



15. Limitation of Liability

15.1 Maximum Liability
 TO THE FULLEST EXTENT PERMITTED BY LAW, GBIAA'S TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE LESSER OF: (A) THE AMOUNT YOU PAID TO GBIAA IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) $100.

15.2 Excluded Damages
 IN NO EVENT SHALL GBIAA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES, EVEN IF GBIAA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

15.3 Third-Party Claims
 GBIAA SHALL NOT BE LIABLE FOR ANY CLAIMS, DAMAGES, OR LOSSES ARISING FROM THE WORK, SERVICES, OR CONDUCT OF MEMBERS OR OTHER THIRD PARTIES.

15.4 Application to All Claims
 THE LIMITATIONS IN THIS SECTION 15 APPLY TO ALL CLAIMS, WHETHER BASED IN WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GBIAA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

15.5 Exceptions
 These limitations do not apply to GBIAA's willful misconduct or gross negligence, or to GBIAA's intellectual property enforcement claims.



16. Indemnification

You agree to indemnify, defend, and hold harmless GBIAA, its officers, directors, members, managers, employees, agents, instructors, contractors, licensors, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:



17. Dispute Resolution and Arbitration

17.1 Informal Resolution First
 Before filing any claim, you agree to email [email protected] with a detailed description of the dispute and allow up to 30 days for informal resolution.

17.2 Binding Arbitration
 Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules and the Federal Arbitration Act.

17.3 Arbitration Location
 Arbitration shall take place in Florida, or at another location mutually agreed upon by the parties.

17.4 Arbitrator Authority
 The arbitrator shall have exclusive authority to resolve all disputes, including the arbitrability of claims, except that either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement or misappropriation of intellectual property rights, confidential information, or unauthorized use of the Services.

17.5 Class Action Waiver
 YOU AGREE THAT ANY ARBITRATION OR PROCEEDING SHALL BE LIMITED TO THE DISPUTE BETWEEN YOU AND GBIAA INDIVIDUALLY. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

17.6 Award Finality
 The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court having jurisdiction.

17.7 Costs
 Each party shall bear its own costs and attorneys' fees, except as otherwise awarded by the arbitrator.

17.8 Opt-Out of Arbitration
 You may opt out of this arbitration agreement within 30 days of first agreeing to these Terms by emailing [email protected] with the subject line "ARBITRATION OPT-OUT" and including your name, address, and a clear statement that you wish to opt out of the arbitration provision. If you opt out, all disputes will be resolved in court as described in Section 17.9.

17.9 Venue for Non-Arbitrable Claims
 For claims not subject to arbitration (either due to opt-out or falling within exceptions), the parties consent to the exclusive jurisdiction of the state and federal courts located in Florida.



18. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles, except as required by the Federal Arbitration Act for arbitration matters.



19. Privacy and Data Collection

19.1 Information Collection
 GBIAA collects personal information including name, business name, location, phone number, and email address as described in our Privacy Policy.

19.2 Directory Sharing
 By becoming a member, you consent to the sharing of your profile information in the member directory as described in Section 6.

19.3 Cookies and Tracking
 Our Site uses cookies and similar tracking technologies to enhance user experience and analyze Site usage. By using the Site, you consent to our use of cookies.

19.4 Communication Consent
 By creating an account, you consent to receive emails from GBIAA, including newsletters, updates, promotional materials, and transactional messages. You may opt out of promotional emails at any time by following the unsubscribe instructions in such emails.

19.5 Third-Party Service Providers
 We use reputable third-party service providers to deliver the Services, including:

Your use of certain features may be subject to those providers' separate terms of service and privacy policies. GBIAA is not responsible for the practices of third-party providers.

19.6 Data Security
 We implement reasonable administrative, technical, and physical safeguards to protect personal information. However, no method of transmission or storage is 100% secure, and we cannot guarantee absolute security.

19.7 Children's Privacy
 We do not knowingly collect information from children under 13 years of age in compliance with the Children's Online Privacy Protection Act (COPPA). If we become aware that we have collected personal information from a child under 13, we will take steps to delete such information promptly.

19.8 Privacy Policy
 For more information about how we collect, use, and protect your information, please review our Privacy Policy at www.gbiaa.com/pages/privacy.



20. Electronic Communications Consent

20.1 E-SIGN Act Consent
 You consent to receive notices, disclosures, agreements, and other communications electronically, including via email or by posting on the Site, in accordance with the Electronic Signatures in Global and National Commerce Act (E-SIGN Act). Electronic communications satisfy any legal requirement that such communications be in writing.

20.2 Withdrawal of Consent
 You may withdraw your consent to receive electronic communications by contacting [email protected]. However, withdrawing consent may affect your ability to use certain features of the Services or may result in termination of your account.

20.3 Hardware and Software Requirements
 To access and retain electronic communications, you will need:

20.4 Updating Contact Information
 You agree to keep your email address and other contact information current to ensure you receive all electronic communications.



21. Accessibility

GBIAA is committed to making our Site and Services accessible to individuals with disabilities. We strive to comply with Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards.

If you experience difficulty accessing any part of our Site or Services, or if you require assistance or accommodation, please contact us at [email protected] and we will work with you to provide the information or services you need through an alternative communication method.



22. Force Majeure

Neither party shall be liable for any failure or delay in performance due to events beyond its reasonable control, including but not limited to:

Performance shall resume as soon as reasonably practicable after the force majeure event ends. If a force majeure event continues for more than 60 days, either party may terminate the affected Services upon written notice.



23. Changes to Terms

GBIAA reserves the right to modify these Terms at any time. We will provide at least 30 days' notice of material changes by:

Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must discontinue use of the Services and may cancel your membership as described in Section 4.4.



24. General Provisions

24.1 Entire Agreement
 These Terms, together with our Privacy Policy and any other policies referenced herein (including brand guidelines and community standards), constitute the entire agreement between you and GBIAA regarding the Services and supersede all prior or contemporaneous understandings, agreements, representations, and warranties.

24.2 Severability
 If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. If Section 1 (Release of Liability) is found invalid or unenforceable in whole or in part, the parties agree that the limitations of liability in Sections 14 and 15 shall apply to the maximum extent permitted by law.

24.3 Waiver
 No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision. Failure to enforce any provision is not a waiver of the right to enforce it later.

24.4 Assignment
 You may not assign or transfer these Terms or your account without GBIAA's prior written consent. GBIAA may assign these Terms without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of assets.

24.5 Headings
 Section headings are for convenience only and do not affect the interpretation of these Terms.

24.6 Survival
 The following sections survive termination or expiration of these Terms: Sections 1 (Release of Liability), 7 (Intellectual Property), 8 (User-Generated Content - license grant), 11 (Liquidated Damages), 13.4 (Effect of Termination), 14 (Disclaimers), 15 (Limitation of Liability), 16 (Indemnification), 17 (Dispute Resolution), 18 (Governing Law), and 24 (General Provisions).

24.7 No Third-Party Beneficiaries
 Except as expressly stated in Section 1.8, these Terms do not create any third-party beneficiary rights.

24.8 Relationship of Parties
 Nothing in these Terms creates a partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and GBIAA.



25. State-Specific Consumer Rights

25.1 California Residents
 California residents are entitled to the following specific consumer rights information pursuant to California Civil Code Section 1789.3:

Complaint Assistance: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Pricing: Membership and course pricing is set forth on our Site at gbiaa.com.

25.2 Other State Residents
 Residents of states other than California may have additional consumer protection rights under their state's consumer protection statutes. Nothing in these Terms is intended to limit rights you may have under applicable state consumer protection laws, including but not limited to state laws governing unfair or deceptive trade practices. If any provision of these Terms conflicts with applicable mandatory state consumer protection laws, those state law provisions shall control to the extent required by law.



26. Contact Information

Questions, support requests, legal notices, or other communications should be directed to:

Grab Bar Installer Association of America (GBIAA)
 Website: gbiaa.com
 Email: [email protected]
 Mailing Address: Grab Bar Installers Association of America, 7901 4th St N Ste 300, St. Petersburg, FL 33702

We strive to respond to all inquiries within 24-48 hours.

For DMCA copyright notices, see Section 12.
 For arbitration opt-out, see Section 17.8.
 For privacy requests, see Section 19.8 and our Privacy Policy at www.gbiaa.com/pages/privacy.



ACKNOWLEDGMENT AND ACCEPTANCE

BY CLICKING "I AGREE," CREATING AN ACCOUNT, PURCHASING ANY SERVICES, OR USING THE GBIAA SITE AND SERVICES, YOU ACKNOWLEDGE THAT:

  1. You have read and fully understand these Terms and Conditions in their entirety

  2. You specifically acknowledge and accept the complete release and waiver of liability in Section 1

  3. You understand you are giving up the right to sue GBIAA for matters described in these Terms

  4. You are 100% responsible for your own work, actions, and their consequences

  5. You have had the opportunity to consult with legal counsel before agreeing

  6. You are voluntarily agreeing to be bound by these Terms

  7. You consent to electronic delivery of communications and documents

  8. You understand that courses and materials may be incomplete and cannot cover every situation

  9. You are an independent contractor with no employment or partnership relationship with GBIAA

  10. You agree to binding arbitration as described in Section 17 (unless you opt out within 30 days)

IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, DO NOT USE OUR SERVICES.



End of Terms and Conditions