XPS RESEARCH INSTITUTE
Course Agreement
 
EDUCATIONAL COURSE REGISTRATION and
LIABILITY DISCLAIMER AGREEMENT
 
IMPORTANT: PLEASE READ THIS DOCUMENT CAREFULLY BEFORE PROCEEDING.
 
BY CLICKING “I AGREE,” PURCHASING ACCESS TO THIS COURSE, OR COMMENCING ANY STUDY MATERIAL, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND EXPRESSLY AGREE TO BE BOUND BY ALL THE TERMS, CONDITIONS, AND DISCLAIMERS CONTAINED HEREIN.
 
 
This Agreement is entered into by and between the participant (hereinafter referred to as “User,” “Student,” or “You”) and the XPS Research Institute (hereinafter referred to as “XRI,” “We,” “Us,” or “Our”).
 
 
1. Scope of Services & Nature of Certification
  • Recognition of Completion Only: You acknowledge that the fee paid to XRI is strictly for access to educational materials and testing. The certificate issued upon completion serves solely as a recognition that You have completed the online course and demonstrated a baseline understanding of theoretical concepts.
  • No Practical Licensing: This certificate does not constitute a professional license, a legal authorization, or an absolute endorsement of your physical competency to operate any specific X-ray Photoelectron Spectroscopy (XPS) instrument.

2. Reliance on Third-Party Manufacturer Materials
  • Educational Video Content: This course may utilize, link to, or reference instructional software and hardware videos produced by external instrument manufacturers (e.g., Kratos, Thermo Fisher Scientific, Physical Electronics/PHI, etc.).
  • No Endorsement or Affiliation: XRI does not own, endorse, or claim responsibility for the absolute accuracy, updates, or modifications of third-party manufacturer software interfaces or guidelines.
  • OEM Precedence: You agree that the Original Equipment Manufacturer (OEM) instruction manuals, updates, and direct software prompts provided by the specific machine builder always take absolute precedence over any material or video presented in this course.

3. Institutional Authorization and Supervised Operation
  • Local Lab Rules Govern: The ultimate authority to allow You to operate a physical XPS system rests entirely with Your employing university, corporation, facility manager, or principal investigator.
  • No Waiver of On-Site Training: This online course is intended to complement—not replace—mandatory, hands-on, on-site laboratory safety training and direct physical supervision. You agree not to attempt to operate any XPS machinery without explicit local administrative permission.

4. Absolute Assumption of Risk
  • You understand that physical XPS instruments operate under high voltage, ultra-high vacuum (UHV) systems, and utilize ionizing radiation (X-rays). Improper operation can cause catastrophic, expensive equipment failure or severe personal injury.
  • Voluntary Study: You voluntarily assume all risks associated with your future physical deployment, calibration, peak-fitting, or sample loading of XPS hardware, acknowledging that XRI cannot monitor your physical environment.

5. Limitation of Liability and Indemnification
  • Financial Cap: To the maximum extent permitted by applicable law, in no event shall the XPS Research Institute, its officers, directors, employees, or content contributors be liable for any direct, indirect, incidental, special, exemplary, or consequential damages. This includes, but is not limited to: physical damage to equipment, ultra-high vacuum contamination, laboratory downtime, loss of data, or personal injury arising in any way out of the use of this training.
  • Maximum Damages: XRI’s total liability to You for any claim arising from this course, whether in contract or tort, shall be strictly limited to the exact amount of the course fee paid by You.
  • Indemnification: You agree to indemnify, defend, and hold harmless XRI from any claims, losses, or expenses (including legal fees) brought by third parties (including your employer or university) resulting from your subsequent operation of local lab equipment.


6. Acknowledgment and Electronic Signature
By checking the box below and completing your payment, you verify that:
  1. You are at least 18 years of age.
  2. You are enrolling in this course voluntarily for educational enrichment.
  3. You have read this entire Disclaimer and agree to waive certain legal rights as outlined above.

 

[  ]  I have READ, UNDERSTOOD, and ACCEPT the Terms, Disclaimers, and Limitation of Liability outlined in this Agreement. I authorize the XPS Research Institute to log my digital signature alongside my IP address and account creation timestamps.
 

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Thank you for your response. ✨

 
 
 
Summary of Disclaimer Protections

Document Section Legal Goal achieved Reason it is vital for paid courses
Section 1 & 3 Defines the certificate value. Prevents students from suing you if their employer rejects the certificate or blocks lab access.
Section 2 Protects your use of manufacturer videos. Shields you if a manufacturer updates their software and a student breaks an instrument using an outdated video step.
Section 5 Establishes a liability cap. Ensures that a mistake on a $1,000,000 instrument cannot result in a lawsuit against you that exceeds what the user paid for the course.