PUBLIC OFFER AGREEMENT FOR SERVICES PROVISION
Version 2.2 — of September 03, 2025
The below text of this Public Offer Agreement is addressed to any person, hereinafter referred to as the “User,” and constitutes the official Public Offer of Learnmarine LLC, hereinafter referred to as the “Operator.” This Agreement is open and applies equally to all Users. By registering on the Learnmarine platform, accessing the website, or using the Operator’s services, the User confirms acceptance of all the terms of this Offer, the Terms of Use, and the Privacy Policy.
1. GENERAL PROVISIONS
1.1. Registration on the Learnmarine.com website is free of charge.
1.2. The website, its content, and its components are protected by applicable copyright, trademark, and intellectual property laws. All rights to the site belong to the Operator, Learnmarine LLC. The “Learnmarine” designation is a registered trademark and may not be used by the User without prior written permission from the Operator.
1.3. The contents of all pages of the website are owned by the Operator. If the User wishes to copy or otherwise use any material from this site beyond personal use, the User must obtain prior written consent from the Operator.
1.4. “User” and “Operator,” hereinafter referred to as the “Parties,” conclude this Public Offer Agreement for Service Provision in accordance with the applicable legislation of the United States. Nothing in this Agreement limits the rights of Users under the laws of their country of residence where such rights apply.
1.5. This Offer Agreement is public and applies equally to all Users, regardless of status. By registering on the Learnmarine platform, placing an order, or using the services, the User confirms acceptance of the terms of this Agreement, including the procedures for ordering, payment, and responsibility for non-performance or improper performance.
1.6. Electronic mail is an integral part of the services. The User agrees that the Operator may send notifications about service updates, changes to terms, or other relevant information to the email address provided by the User during registration or when ordering services.
1.7. The User’s rights to use the services described in this Offer are personal. The User may not resell, transfer, or assign access to any third party without the prior written permission of the Operator. Any attempt to do so constitutes a violation of this Agreement.
1.8. The copyright and other intellectual property rights to all components of the services, except those licensed from third parties, are retained solely by the Operator. Nothing in this Agreement shall be construed as transferring any intellectual property rights, software, or data from the Operator to the User or to any third party.
1.9. The User agrees not to copy, reverse engineer, attempt to access source code, or modify any part of the online services. The User also agrees not to use content, software, or data in ways that reproduce or replicate the services without authorization. The User may print or save content from the services only for personal, non-commercial use. All other reproduction, including photocopying or redistribution, is prohibited.
1.10. Eligibility & Age. The Services are intended for users who are (a) at least 13 years old in the United States and at least 16 years old in the EU/UK (or the minimum digital consent age in their jurisdiction), and (b) otherwise of legal capacity to enter into this Agreement. By using the Services, you represent and warrant that you meet these requirements.
2. SUBJECT MATTER OF THE AGREEMENT
2.1. The subject of this Agreement is the provision of online educational services (“Internet Services”) — including courses, training modules, digital materials, and related components made available for purchase through the Learnmarine.com website. The following terms govern the provision and use of such services by the User.
2.2. In accordance with the terms and conditions of this Agreement, the Operator undertakes to provide the User with access to the Services after payment, and the User undertakes to use the Services in compliance with this Agreement, the Terms of Use, and the Privacy Policy.
2.3. Upon receipt of full payment, the Operator activates access to the purchased products in the User’s Library at Learnmarine.com/library. The User is solely responsible for maintaining the confidentiality of their login credentials and ensuring that no third party uses their account to access the Services.
2.4. The Operator grants the User a limited, non-exclusive, non-transferable, revocable license to access and use the Services through Learnmarine.com, strictly for personal educational purposes and subject to the restrictions set forth in this Agreement. The Operator shall make reasonable efforts to:
2.4.1. ensure the normal operation of the Services in accordance with their described functions and features on the Learnmarine.com website; and
2.4.2. facilitate the User’s lawful access to and use of the Services.
2.5. Certificates & Recognition. Issuance of a certificate upon completion of a course reflects only that the User has successfully completed the Operator’s training requirements. Unless expressly stated for a particular course, the Operator does not represent or warrant that any certificate will be recognized by an employer, flag state, regulator, or other authority. The User remains solely responsible for determining whether a course meets the User’s regulatory or professional requirements.
3. PAYMENT PROCEDURE AND DELIVERY
3.1. Use of the Operator’s products and services is subject to payment of the applicable fees, which are set by the Operator and published on the Learnmarine.com website.
3.2. The cost of services provided under this Offer is determined by the Operator and displayed for each product separately at the time of purchase.
3.3. Provision of the Services to the User in accordance with this Offer is subject to full payment of the applicable fees, unless otherwise expressly agreed in writing by the Operator.
3.4. All payments are processed online using the payment systems made available by the Operator. Learnmarine LLC does not collect or store sensitive payment card information. Only limited transaction data (such as the receipt number and registered User details) is retained to confirm payment and enable access to the purchased products.
3.5. The Operator may from time to time offer additional services for separate fees.
3.6. Additional services shall be provided to the User only upon the User’s explicit consent and payment of the applicable charges.
3.7. The Operator reserves the right to adjust prices. Any changes to product pricing will be communicated to Users via the Learnmarine.com website or by email at least ten (10) business days before the changes take effect. Price changes shall not affect purchases already completed.
3.8. The Operator’s products are delivered digitally as download files and/or as online interactive resources. Products become available in the User’s Learnmarine.com/library account after confirmation of payment.
3.9. No physical delivery of products will take place.
3.10. All payments are final and non-refundable once the User has accessed or downloaded the purchased product, except where otherwise required by applicable law.
3.10.1. If the User has not accessed or downloaded the purchased product, a refund request may be submitted within fourteen (14) days of purchase by contacting the Operator at info@learnmarine.com. Approved refunds will be issued through the same payment method originally used by the User. The timing and availability of the refunded amount depend on the technical capabilities and policies of the relevant payment processor and financial institutions.
3.10.2. The Operator is not responsible for delays in refund settlement caused by third-party payment processors, banks, or payment networks. Refunds will not exceed the amount actually paid by the User for the relevant product.
3.10.3. Taxes. Prices are exclusive of all taxes, levies, and duties unless expressly stated otherwise. The User is responsible for any applicable VAT, sales, use, or similar taxes, which may be charged at checkout based on billing details and local law. If tax treatment changes or additional amounts are due, the Operator may charge or collect such amounts.
4. RIGHTS AND LIABILITIES OF THE PARTIES
4.1. The User undertakes:
4.1.1. Not to use any component of the online services to post or transmit material that is illegal, obscene, deceptive, defamatory, discriminatory, or otherwise offensive or inappropriate. The Operator has the exclusive right to determine whether material is inappropriate or in violation of this clause.
4.1.2. To observe copyright, trademark, and other intellectual property laws and not to post, copy, or distribute materials that infringe the rights of any third party.
4.1.3. To use the website and services only in compliance with applicable laws of the United States and the laws of the User’s country of residence.
4.1.4. Not to post or transmit information that is subject to government restrictions or classified under applicable law. This obligation continues even after termination of this Agreement.
4.1.5. To regularly review official information published by the Operator regarding the provision of services and the regulation of the relationship between the Operator and the User.
4.1.6. By registering with any online service of the Operator, the User guarantees that:
The User is a competent individual of legal age or a duly authorized legal entity;
The User provides true, accurate, and complete information during registration;
The User will keep registration data accurate and up to date;
Academic Integrity. The User shall complete assessments, exams, quizzes, and certifications honestly and without unauthorized assistance; shall not share answer keys, proctoring workarounds, or content designed to subvert assessments; and shall not misrepresent identity. The Operator may withhold or revoke certificates, and suspend or terminate access, if academic integrity violations are reasonably suspected.
4.2. The User has the right:
4.2.1. To require the Operator to provide services in accordance with the terms of this Offer.
4.2.2. To communicate requirements and suggestions regarding the quality of the services.
4.2.3. To receive timely support and advice necessary to use the services.
4.2.4. To terminate this Offer unilaterally at any time, subject to the provisions on refunds in Section 3.
4.3. The Operator undertakes:
4.3.1. To provide the User with services in accordance with this Offer, the Terms of Use, and other applicable policies of Learnmarine LLC, and in compliance with the laws of the United States. Nothing in this Offer limits the rights of Users under the laws of their country of residence where those rights apply.
4.3.2. Not to disclose or use information related to the activity of the User that becomes known during the execution of this Offer, except as required by applicable law, necessary for service provision, or as otherwise described in the Privacy Policy (including cases where the User has given consent).
4.4. The Operator has the right:
4.4.1. To terminate the use of the online services by the User and close all registered accounts immediately, without compensation, in the following cases:
- if the User has substantially violated the terms of this Offer and fails to correct such violations within seven (7) days after written or electronic notice;
- if the User requests closure of their account;
- if the User has an account that cannot be securely restored or accessed.
4.4.2. At its discretion, to discontinue provision of services and close User accounts with at least thirty (30) days’ prior notice.
4.4.3. To update or modify the services and related content from time to time. Such changes will be posted on the Operator’s website or communicated by email. Continued use of the services following such notification constitutes acceptance of the changes.
4.4.4. To change the pricing of services and products, provided that Users are notified via the website or by email in advance of the changes taking effect.
5. FORCE MAJEURE
5.1. The Parties shall not be held liable for any failure or delay in performing their obligations under this Agreement if such failure or delay results from circumstances beyond their reasonable control (“Force Majeure”).
5.2. Force Majeure events include, but are not limited to: natural disasters (such as fires, floods, earthquakes, hurricanes, tornadoes, or volcanic eruptions), pandemics, wars, revolutions, strikes, acts of terrorism or sabotage, theft, accidents, interruptions of power supply or communication systems, regulatory restrictions, changes in legislation, or acts of government authorities.
5.3. A Party affected by Force Majeure must notify the other Party in writing as soon as reasonably possible, and in any case within five (5) business days of becoming aware of the event, specifying the nature of the Force Majeure and, where possible, the expected duration.
5.4. The performance of obligations under this Agreement shall be suspended for the duration of the Force Majeure event. If such event continues for more than three (3) months, either Party may terminate this Agreement by providing written notice to the other Party.
6. PRIVACY POLICY AND DATA PROTECTION POLICY
6.1. You, as a Personal Data subject, have rights under applicable data protection laws, including the GDPR, the UK GDPR, and the California Consumer Privacy Act (CPRA). The way these rights are implemented is described in our Privacy Policy, which forms an integral part of this Agreement and is available at https://learnmarine.com/privacy_policy.
6.2. Learnmarine LLC is the data controller. Personal Data is primarily stored and processed in the United States. For residents of the European Union and the United Kingdom, international transfers are carried out on the basis of the EU–US Data Privacy Framework (where applicable) and/or Standard Contractual Clauses (SCCs) with supplementary safeguards.
6.3. We collect and process Personal Data only where we have a valid legal basis, which may include performance of a contract (e.g., providing access to courses and issuing certificates), compliance with legal obligations, our legitimate interests (e.g., ensuring platform security and preventing fraud), or your consent (e.g., for marketing communications and non-essential cookies).
6.4. We retain data only for as long as necessary for the purposes described in our Privacy Policy, including regulatory requirements for training and certification records. You may exercise your rights to access, correction, deletion, restriction, objection, and portability by contacting us at info@learnmarine.com.
6.5. We will respond to verified requests within one month.
6.6. Cookies are used to support the operation of the website and, with your consent in the EU/UK, for analytics and advertising. Details on how we use cookies are provided in our Privacy Policy.
7. VALIDITY OF THE AGREEMENT, IMPLEMENTATION OF AMENDMENTS AND ITS TERMINATION
7.1. This Offer is considered accepted and becomes effective at the moment the User registers on the Learnmarine.com website or otherwise begins using the Operator’s services.
7.2. The Offer remains in force for an indefinite period, provided that the User pays the applicable fees in full and on time.
7.3. The Operator may update or amend the terms of this Offer. Amendments will take effect ten (10) days after being posted on the Learnmarine.com website or communicated to the User by email, whichever occurs first. Amendments will not affect orders already placed and paid for prior to their effective date.
7.4. If the Parties cannot resolve disputes related to amendments to this Offer, the Operator may terminate the Agreement and discontinue the provision of services by giving written notice to the User.
7.5. The User may terminate this Agreement and cancel services unilaterally at any time by providing written notice to the Operator.
7.6. In the event of early termination by the User, payments already made are non-refundable, except where otherwise required by law or expressly provided in Section 3 (Payment Procedure, Delivery, and Refunds). The Operator may, at its discretion, offer the User access to alternative services of equivalent value for any remaining amount.
8. LIABILITY OF THE PARTIES
8.1. Services are provided “as is” and “as available,” without any warranty that they will meet the User’s specific requirements or expectations. The Operator does not warrant the completeness, accuracy, or uninterrupted availability of the information or materials provided on the website.
8.2. All risks arising from the use of the Services, including any reliance on materials or content, are borne solely by the User.
8.3. To the maximum extent permitted by applicable law, the Operator shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunities, or goodwill, even if the Operator has been advised of the possibility of such damages.
8.4. The Operator is not responsible for errors, inaccuracies, interruptions, delays, equipment or communication failures, the introduction of viruses or other harmful code, alteration or loss of data, or defects in programs arising from or in connection with the use of the Services.
8.5. The Operator’s total aggregate liability for any claim arising under or in connection with this Agreement, whether in contract, tort, or otherwise, shall not exceed the amount actually paid by the User to the Operator for the Service giving rise to the claim during the twelve (12) months preceding the event giving rise to liability.
8.6. Nothing in this Agreement excludes or limits liability where such exclusion or limitation is prohibited by law, including liability for death or personal injury caused by gross negligence, or for willful misconduct.
8.7. The Operator reserves the right to take appropriate measures to protect its intellectual property rights in cases of suspected infringement by the User, in accordance with applicable law.
8.8. The cost of downloadable products and products that are permanently available in the User’s personal library at Learnmarine.com/library is non-refundable, except as otherwise expressly provided in Section 3 (Payment Procedure, Delivery, and Refunds) or required by applicable law.
8.9. Users are encouraged to ensure that the Services meet their requirements before confirming payment.
9. MISCELLANEOUS
9.1. The User agrees to indemnify and hold harmless the Operator against any damages, liabilities, losses, or expenses (including reasonable legal fees) arising out of third-party claims related to content uploaded, shared, or otherwise made available through the Services by the User or by any person using the User’s account.
9.2. The User agrees to use the Services solely for personal educational purposes and not to provide access to or otherwise make the Services available to any other person without the Operator’s prior written consent.
9.3. The Operator is not obligated to develop updates to the Services or, if updates are developed, to make them available to the User.
9.4. The Operator may freely use feedback, suggestions, or improvement ideas provided by the User without obligation to provide remuneration or compensation to the User.
9.5. The Operator may display advertisements within the Services or on related websites, at its discretion.
9.6. The use of the Services may involve the installation of session variables or the use of local storage on the User’s device to support functionality.
9.7. The Services may contain links to third-party websites. Following such links means the User leaves the Services. The Operator is not responsible for and does not guarantee the availability, accuracy, or content of third-party websites.
9.8. Access to the User’s account is secured by a login and password. The User is solely responsible for maintaining the confidentiality of their login credentials and for all activities that occur under their account. The User agrees to safeguard their password and to log out properly at the end of each session.
9.9. Export Controls and Sanctions. The User represents and warrants that the User: (i) is not located in, organized under the laws of, or ordinarily resident in any country or territory subject to comprehensive U.S., UK, or EU embargoes; (ii) is not on any applicable restricted-party list; and (iii) will not use the Services to export, re-export, or provide content in violation of applicable export control or sanctions laws. The Operator may restrict access where required by law.
9.10. Copyright Complaints (DMCA). If you believe content infringes your copyright, please send a notice containing the elements required by 17 U.S.C. §512(c)(3) to our designated agent at info@learnmarine.com (subject: “DMCA Notice”). Upon receipt of a compliant notice, we may remove or disable access to the content and take appropriate actions against repeat infringers.
10. CONCLUDING PROVISIONS
10.1. This Agreement constitutes the entire agreement between the Operator and the User regarding the subject matter hereof and supersedes all prior agreements, understandings, or arrangements, whether oral or written, relating to the same subject matter. No additional terms or obligations shall apply unless expressly set out in this Agreement or agreed in writing and signed by both Parties.
10.2. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, USA, without regard to conflict-of-law rules. Nothing in this Agreement limits the rights of Users under the laws of their country of residence where those laws provide additional protections. Any disputes arising under this Agreement shall first be resolved by good-faith negotiations. Failing that, the dispute may be brought in the state or federal courts located in Travis County, Texas, and the Parties consent to such jurisdiction and venue. The Operator may seek equitable relief in any jurisdiction where relief is available.
10.3. Dispute Resolution; Arbitration and Class Action Waiver. To the extent permitted by applicable law, any dispute, claim, or controversy arising out of or relating to this Agreement or the Services shall be resolved through binding individual arbitration, rather than in court, except that either Party may seek equitable relief in any court of competent jurisdiction. The arbitration shall be conducted in the English language, in Travis County, Texas, USA, under the rules of the American Arbitration Association. The User and the Operator agree that each may bring claims against the other only in their individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
10.4. Failure or delay by the Operator in exercising any right or remedy under this Agreement shall not constitute a waiver of that right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.
10.5. If any provision of this Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
10.6. Upon the User’s acceptance of this Agreement, all prior service agreements between the Parties relating to the same subject matter are terminated.
10.7. Language. This Agreement is drafted in English. If translated, the English version prevails in case of conflict.
10.8. Notices. “Written notice” includes email to the address the User provides in the account settings and to the Operator at info@learnmarine.com, and platform notifications delivered via the User’s account. Notices are deemed received on the date of delivery of the email or platform notice, or five (5) business days after dispatch for postal mail.
11. THE OPERATOR’S DETAILS
On behalf of Learnmarine LLC
5900 Balcones Drive STE 100, Austin, TX, 78731, USA
Email: info@learnmarine.com
Phone: +1 (831) 302-2334
