HCA WEBSITE TERMS OF USE
Effective Date: July 10, 2026
These Terms of Use (“Terms”) of Heavy Construction Academy (“HCA,” “we,” “us” or “our”) apply to all contents and information available within the domain https://www.operator-academy.com/ (the “Site”). You agree, on behalf of yourself and the institution/company or other legal entity that you represent, to be legally bound by these Terms when you access or use the Site.
PLEASE REVIEW THESE TERMS CAREFULLY. BY USING THE SITE, YOU ACKNOWLEDGE THAT YOU ARE AT LEAST THE AGE OF MAJORITY IN YOUR JURISDICTION, ARE LOCATED IN THE UNITED STATES AND ACCEPT THE TERMS SET FORTH HEREIN. IF YOU ARE NOT AT LEAST THE AGE OF MAJORITY IN YOUR JURISDICTION, DO NOT RESIDE IN THE UNITED STATES OR DO NOT ACCEPT THESE TERMS, YOU MAY NOT ACCESS THE SITE.
BINDING ARBITRATION
THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS YOU AND HCA MAY HAVE AGAINST EACH OTHER CAN BE BROUGHT. THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST HCA TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING. PLEASE REVIEW THE SECTION ENTITLED “INDEPENDENT ARBITRATION AGREEMENT” FOR THE DETAILS REGARDING YOUR AGREEMENT TO ARBITRATE ANY DISPUTES WITH HCA.
Changes to Terms
The Effective Date of these Terms is set forth at the top of this webpage. We may change these Terms from time to time in our discretion. Changes will be posted to this webpage. We encourage you to return to this webpage frequently so that you are aware of our current Terms. Your continued use of the Site after the Effective Date constitutes your acceptance of the amended Terms. The amended Terms supersede all previous versions.
Privacy
Please review our Privacy Policy (“Privacy Policy”), which also applies to your use of the Site.
Intellectual Property
The Site, and the information, files, documents, text, photographs, images, audio, and video which it contains, and any material made available for download on the Site (collectively, the “Content”) are the property of us or our licensors, as applicable. The Site and Contents are protected by United States and international copyright and trademark laws. The Content may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by us. All rights not expressly granted herein are reserved to us and our licensors.
License
HCA grants you a limited license to access and make personal use of the Site subject to these Terms. The Site and any part of it may not be reproduced, copied, framed or otherwise exploited for any commercial purpose without the express prior written consent of HCA.
Content Disclaimer
All Content is for informational purposes of a general nature only and does not address any circumstances of any particular individual or entity.
Nothing on our Site constitutes a comprehensive or complete statement of the matters discussed. HCA is not a fiduciary by virtue of any person’s use of or access to the Site and the Content.
Any Content is subject to change anytime without notice and as such, no reliance must be placed on fairness, accuracy, completeness or correctness of any Content.
You alone assume the sole responsibility of evaluating all merits and risks that are or may be associated with any use of any Content or coming to any conclusion based on the Content. In exchange for using the Site, you agree not to hold HCA or any third-party service provider(s) liable (contingent or otherwise) for any possible claim for damages arising from any decisions you may or had made based on the Content. In any event, HCA and/or its employees and representatives are not liable for any loss or damage whatsoever directly or indirectly arising or incurred from any use or reliance of the Site, the Content or otherwise arising in connection therewith.
Independent Arbitration Agreement
Arbitration. Any dispute, controversy, or claim between us arising out of or relating in any way to these Terms, the Privacy Policy and/or any of HCA’s offerings, Services, Site, Content will be resolved by binding arbitration, rather than in court, except that you or we
(1) may elect to assert claims in, or transfer claims to, small claims court if your or our claims qualify and as long as the matter remains in such court and is not removed or appealed to a court of general jurisdiction, and (2) bring suit in any court of competent jurisdiction to enjoin infringement or other misuse of intellectual property rights, including with respect to temporary restraining orders. The Federal Arbitration Act (“FAA”) and federal arbitration law shall apply to this arbitration agreement. If the FAA is found not to apply to any issue that arises under this section or the enforcement of this arbitration agreement, then that issue shall be resolved under the laws of the State of New Hampshire.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award the same damages and relief as a court (including injunctive and declaratory relief or statutory damages).
At least thirty (30) days before beginning an arbitration proceeding, you must send an individualized letter personally signed by you and identifying yourself, your legal claims, the requested relief and requesting arbitration to HCA via NRAI, 5 Industrial Drive Brentwood NH 03833 by certified mail, Federal Express, UPS or USPS express mail (signature required). We will do the same, except in the event that we do not have a physical address on file for you, by electronic mail to the last known address. Within thirty (30) days of such notice, either party may respond to the letter with a request for an informal dispute resolution conference between the parties by video, with counsel present if the party is represented, and the parties agree to so conduct such conference personally and individually in good faith before initiating arbitration. All applicable claims or filing limitations period shall be tolled during the pendency of this pre-arbitration notice period.
Except as otherwise stated herein, the arbitration will be conducted by the American Arbitration Association (“AAA”) under its consumer rules, including for Consumer-Related Disputes. You and we also agree to delegate the issue of arbitrability to an arbitrator. Payment of administration and arbitrator fees will be governed by the AAA’s rules, except all of the filing fees will be paid by the filing party. If you are a prevailing party, you may seek reimbursement of your fees and costs. However, HCA may seek its attorney’s fees and costs if the arbitration finds your claims to be frivolous or brought for an improper purpose or otherwise not satisfying Federal Rule of Civil Procedure 11. There will be only one arbitrator, not a panel. You may choose to have the
Contact us
To resolve any complaint or clarification regarding the use of this Website or its services or receive information concerning that, please contact us at [email protected].