Dozer CPM LLC - Copyright 2025

Dozer Heavy Civil Construction Project Management Course End User Agreement

Effective Date: As of purchase

THE AGREEMENT: This Course Agreement (hereinafter, "Agreement") is made by and between Dozer CPM, LLC, a limited liability company, organized under the laws of the state of Arizona, hereinafter referred to as "Course Provider," and you, further defined below, as a Participant in the Course, also defined below.

If you are purchasing this course on behalf of a company, you attest that you have the authority to enter into such an agreement on the company’s behalf. This agreement applies to all end users who are registered for this course. As the representative of a company, you certify that you will provide this agreement to all end users and that all end users have accepted this agreement. If the course is assigned to an end user who has not reviewed and accepted this agreement, you may be liable for any and all damages that arise from their use. All Participants who are assigned the course purchased by the company must have the same domain in their email. Different terms and conditions apply if purchasing a yearly company subscription.

All parts and sub-parts of this Agreement are specifically incorporated by reference herein. This Agreement shall govern the use of all pages and screens in and on the Course (all collectively referred to as "Course") and any services provided by or on this Course Provider through the Course ("Services") and/or on the Course Provider's website ("Website").

Article 1 - DEFINITIONS:

A) The parties referred to in this Agreement shall be defined as follows:

I) Course Provider, us, we: Course Provider, as the creator, operator, and publisher of the Course, is responsible for providing the Course privately and on an exclusive basis. Course Provider, us, we, our, ours, and other first-person pronouns will refer to the Course Provider, as well as, if applicable, all employees and affiliates of the Course Provider.

II) You, the user, the Participant: You, as the Participant in the course and user of the Website, will be referred to throughout this Agreement with second-person pronouns such as you, your, yours, or as user or Participant.

III) Parties: Collectively, the parties to this Agreement (Course Provider and You) will be referred to as Parties.

B) The Course details are as follows:

I) Course Name: Dozer Heavy Civil Construction Project Management

II) Course Description: This is a proprietary course on how to manage a heavy civil construction project, including lessons on general project management and construction business. The platform for use of the course will be on Canvas or another learning management system, in the sole discretion of Dozer CPM LLC.

III) Total Course Fees ("Fees"): The course costs $5,950 per license plus applicable taxes. A bulk discount may be applied at checkout if you purchase more than one license. Dozer CPM reserves the right to adjust all pricing, including adjusting subscription-based pricing at any time.

IV) Course URL: Direct course URL will be provided upon purchase. Each course license is hosted in Canvas and will have a unique URL.

Article 2 - ASSENT & ACCEPTANCE:

By purchasing and participating in the Course, you warrant that you have read and reviewed this Agreement and that you agree to be bound by it. If you do not agree to be bound by this Agreement, please cease your participation in the Course immediately. Course Provider only agrees to provide the Course to you if you assent to this Agreement.

Article 3 - AGE RESTRICTION:

You must be at least 18 (eighteen) years of age to use this Website, participate in the Course or access any Services contained herein. By participating in the Course, you represent and warrant that you are at least 18 years of age and may legally agree to this Agreement. Course Provider assumes no responsibility or liability for any misrepresentation of your age.

Article 4 - LICENSE TO USE WEBSITE & ACCESS COURSE MATERIALS:

We may provide you with certain information as a result of your accessing of the Course through the Website. Such information may include, but is not limited to, documentation, data, or information developed by us and other materials which may assist in your participation in the Course ("Materials"). Subject to this Agreement, we grant you a non-exclusive, limited, non-transferable and revocable license to use the Materials solely in connection with your participation in the Course and your use of the Website. The Materials may not be used for any other purpose, and this license terminates upon your completion of the Course, your cessation of use of the Course or the Website, or at the termination of this Agreement. Furthermore, purchase and use of this Course and services are strictly and solely limited to the continental United States, Hawaii, Alaska and does not include any territories under U.S. jurisdictional law.

Article 5 - COURSE TERMS:

The Course does not have a structured start date, which means you may begin it at any time. Included as part of this Agreement and beginning from the date of its execution, you will be granted access to the Course for six (6) months. Any technical questions with regard to the Course or help with general support can be addressed directly with Dozer CPM LLC. For more information, please contact us at support@dozercpm.com. We reserved the right to make edits and updates to the course at any time. The free preview and screenshots of the course on the website may not be reflective of the exact material in the course as we are always seeking to improve it.

The Course and any of its accompanying Materials may not be shared with any party. If we suspect that the Course or Materials are being shared and/or that you have shared your log-in information with any party, we reserve the right to immediately terminate your access to the Course and services, in our sole and exclusive discretion.

We do not offer any promises or guarantees with regard to our Course or Course Materials. Individual results will vary. You hereby acknowledge and agree:

A) You are solely and exclusively responsible for the choices that you make with regard to this Course, the Materials contained within it, or any significant changes to your business or life;

B) You are solely and exclusively responsible for your own mental health, physical health, business decisions, and any other actions or inaction you choose to take;

C) We are not liable for any result or non-result or any consequences which may come about due to your participation in the Course.

D) The Course has been tested for all inputs and technology and you acknowledge that you are participating in this Course and using any of the Course Materials contained within it at your own risk.

OBLIGATIONS: As a Participant in the Course, you will be asked to undertake and encouraged to complete the following obligations: All course modules. The Course includes around 85 online lessons as well as proprietary standard operating procedures (“SOP”’s) that are only for registered Participant use. Additional Course resources include approximately 35-40 downloadable Excel spreadsheets and “cheat” sheets to be used by the registered Participant only. Sharing of all course materials with any other individual is strictly prohibited.

OPTIONAL: This section applies only to Participants who purchase the course license individually and who opt into this service. Company course purchases or individuals who buy the course using company money are not eligible for resume check, mentoring, or recruiter services.

For up to six (6) months, Participants of the Course will be entitled to one-on-one mentoring with a member of the Dozer CPM team. This benefit affords the Participant an opportunity to engage his or her mentor with questions regarding the course. All communications and/or opinions provided during these sessions are in no way to be construed as professional advice, and Dozer CPM will not be held liable for any actions taken by a Participant relating to discussions had with a mentor. Dozer CPM reserves its right to end any one-on-one mentoring in its sole and absolute discretion

This service includes a resume review and pairing the Participant to a construction Recruiter, who will seek to arrange an employment interview for the Participant with a company based in the Participant’s preferred US state. Dozer CPM cannot guarantee that every Participant is paired with a Recruiter, as that is subject to the Recruiter wanting to work with the Participant. Dozer CPM also cannot guarantee an interview, offer, or job at any company. In cases where Dozer CPM is unable to pair the Participant with a Recruiter, Dozer CPM will continue to help coach and mentor the Participant through the 1-on-1 mentoring service. Note, this mentoring and coaching service does not guarantee nor identify that use of it shall reflect placement of any position. It is an optional function included in use of the software to merely assist a participant with growing their network of construction related professionals in the construction industry.

OPTIONAL: Access to the Dozer CPM Community, including but not limited to being added to any Dozer CPM maintained LinkedIn, Facebook, or other online social media platforms for up to six (6) months. Dozer CPM reserves all rights to the content add and/or posted within the networks and the removal of any member for whatever purpose will be at the sole and absolute discretion of Dozer CPM. Also included may be access to non-exclusive networking events. For more information, email support@dozercpm.com. For more information, please email support@dozercpm.com.

OPTIONAL: Access to “Dozer Dave” AI model (built into the course in Canvas) for up to six (6) months. This language learning model is provided for the Participant to help explain, summarize, and clarify the course material. Any other use is prohibited. Dozer CPM cannot guarantee the accuracy of Dozer Dave’s responses and cannot be help liable for anything the program outputs. Dozer CPM can see all inputs and outputs stemming from the Participant’s use of Dozer Dave, and uses this information to improve the company, products, and services. Dozer CPM reserves the right to remove the Participant’s access to Dozer Dave if it is used for any purpose other than stated above or if Dozer CPM feels the Participant is using the AI model in a manner deemed inappropriate by Dozer CPM.

Each Dozer Dave input/output uses on average 4 to 8 credits, though it can range from 2 to 20+ depending on the complexity of the question and response. With the purchase of this course, the Participant is granted 6,000 credits. The Participant can request the status of their credit usage at any time by emailing support@dozercpm.com. If the Participant exceeds 6,000 credits, Dozer CPM reserves the right to turn off the Dozer Dave AI model in their course. Additional credit usage may be available for purchase, but is not guaranteed.

Article 6 - INTELLECTUAL PROPERTY:

You agree that the Materials, the Course, the Website, and any other Services provided by the Course Provider are the property of the Course Provider, including all copyrights, trademarks, trade secrets, patents, and other intellectual property ("Company IP"). This includes any outputs from using the Course’s AI component, as the output will contain Dozer CPM course and company IP. You agree that the Company owns all right, title, and interest in and to the Company IP and that you will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Company. You agree to not input any Course materials and components, text, photos, Website contents, Dozer Dave AI outputs, or other Dozer CPM IP into any AI learning language model or similar program (other than acceptable use of the provided Dozer Dave AI model in the course).

Article 7 - CONTENT YOU POST:

Through your participation in the Course and your use of the Website, you may be permitted to post materials to the Course pages and other parts of the Website ("User Contributions"). You hereby grant Course Provider a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit and make derivative works of User Contributions you post. The Course Provider claims no further proprietary rights in your User Contributions.

You also agree to comply with the "Acceptable Use" provision of this Agreement for all User Contributions that you post, including and especially to not violate the intellectual property rights of any third party through your User Contributions.

If you feel that any of your intellectual property rights have been infringed or otherwise violated by the posting of information or media by another of our users, please contact us and let us know.

Article 8 - YOUR OBLIGATIONS:

As a Participant in the Course, you will be provided a unique code or URL to access your Course on Canvas, and you will be asked to register with Canvas. When you do so, you will choose a user identifier, which may be your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable you to participate in the Course. You must not share such identifying information with any third party, and if you discover that your identifying information has been compromised, you agree to notify us immediately in writing. Email notification will suffice. You are responsible for maintaining the safety and security of your identifying information as well as keeping us apprised of any changes to your identifying information.

The billing information you provide us, including credit card, billing address and other payment information, is subject to the same confidentiality and accuracy requirements as the rest of your identifying information. Providing false or inaccurate information, or using the Course or the Website to further fraud or unlawful activity is grounds for immediate termination of this Agreement.

Article 9 - PAYMENT & FEES:

As noted above, the total Fees for the Course are as follows: The course costs $5,950 per license plus applicable taxes. A bulk discount may be applied at checkout if you purchase more than one license. Dozer CPM reserves the right to adjust all pricing, including adjusting subscription-based pricing at any time.

Article 10 - ACCEPTABLE USE:

You agree not to use the Course or the Website for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Course or the Website in any way that could damage the Course, Website, Services, or general business of the Course Provider. This includes use of the Dozer Dave AI model.

A) You further agree not to use the Course, the Website, or Dozer Dave AI model:

I) To harass, abuse, or threaten others or otherwise violate any person's legal rights;

II) To violate any intellectual property rights of the Course Provider or any third party;

III) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;

IV) To perpetrate any fraud;

V) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;

VI) To publish or distribute any obscene or defamatory material;

VII) To publish or distribute any material that incites violence, hate, or discrimination towards any group;

VIII) To unlawfully gather information about others.

Article 11 - AFFILIATE MARKETING & ADVERTISING:

We engage in affiliate marketing whereby we receive a commission on or percentage of the sale of goods or services on or through the Course and/or Website. We may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation. This disclosure is intended to comply with the US Federal Trade Commission Rules on marketing and advertising, as well as any other legal requirements which may apply. For more information about the member and non-member affiliate programs, please contact support@dozercpm.com.

Article 12 - NO LIABILITY:

The Course, Website, materials, and Dozer Dave AI program are provided for informational purposes only. You acknowledge and agree that any information posted in the Course, in the Materials, through Dozer Dave’s outputs, or on the Website is not intended to be legal, financial, and/or any other professional advice, and no fiduciary relationship has been created between you and us. A Participant may seek its own individual counsel with regard to any questions related to this agreement. You further agree that your participation in the Course is at your own risk. We do not assume responsibility or liability for any advice or other information given in the Course, in the Materials, through Dozer Dave’s output, or on the Website.

Article 13 - REVERSE ENGINEERING & SECURITY:

You agree not to undertake any of the following actions:

A) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Course, Website, or Dozer Dave AI model;

B) Violate the security of the Course, Website, or Dozer Dave AI model through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.

Article 14 - DATA LOSS:

We do not assume or accept responsibility for the security of your account or content. You agree that your participation in the Course or use of the Website is at your own risk.

Article 15 - INDEMNIFICATION:

You agree to defend and indemnify the Course Provider and any of our affiliates (if applicable) and hold us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to your participation in the Course, your use or misuse of the Website or Dozer Dave AI model, your breach of this Agreement, or your conduct or actions. You agree that we shall be able to select our own legal counsel and may participate in our own defense, if we wish.

Article 16 - SPAM POLICY:

You are strictly prohibited from using the Course for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.

Article 17 - MODIFICATION & VARIATION:

We may, from time to time and at any time without notice to you, modify this Agreement. You agree that we have the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.

To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, you agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.

Article 18 - ENTIRE AGREEMENT:

This Agreement constitutes the entire understanding between the Parties with respect to the Course. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral.

Article 19 - SERVICE INTERRUPTIONS:

We may need to interrupt your access to the Course, Website, and/or Dozer Dave AI model to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Course, Website, and Dozer Dave AI model may be affected by unanticipated or unscheduled downtime, for any reason, but that we shall have no liability for any damage or loss caused as a result of such downtime.

Article 20 - TERM, TERMINATION & SUSPENSION:

We may terminate this Agreement with you at any time for any reason, with or without cause. We specifically reserve the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of us or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. You may also terminate this Agreement at any time by contacting us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.

Please be advised that terminating this Agreement does not entitle you to a refund on any monies spent with us.

Article 21 - NO WARRANTIES:

You agree that your participation in the Course and your use of the Website and Dozer Dave AI model is at your sole and exclusive risk and that any Services provided by us are on an "As Is" basis. We hereby expressly disclaim any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Course or Website will meet your needs or that the Course or Website will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information in the Course, the output of the Dozer Dave AI model, or on the Website. You agree that any damage that may occur to you, through your computer system, or as a result of loss of your data from your participation in the Course or your use of the Website is your sole responsibility and that we are not liable for any such damage or loss. Dozer CPM does not hold and is not an accredited certification course with any registered U.S. institution of higher education. The material and content provided for in the Course to Participants is proprietary, custom and unique information created by Dozer CPM. Use of the CPM postnominal during and after completion, is intended to signify to others that you have purchased and completed the Course. The Course is not a registered, certified or commonly accepted educational course and holds no official certification nor renewal or continuing education components thereto.

Article 22 - LIMITATION ON LIABILITY:

We are not liable for any damages that may occur to you as a result of your participation in the Course or your use of the Website, to the fullest extent permitted by law, as noted above. The maximum liability of Course Provider arising from or relating to this Agreement is limited to the greater of one hundred ($100) US Dollars or the amount you paid to us in the last six (6) months. This section applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.

Article 23 - GENERAL PROVISIONS:

A) LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language.

B) JURISDICTION, VENUE & CHOICE OF LAW: Through your participation in the Course and your use of the Website and Dozer Dave AI model, you agree that the laws of Arizona shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between you and us, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts of the following county: Pima, Arizona. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine.

C) ARBITRATION: In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the following county: Pima. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of the following state: Arizona. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by us will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.

D) ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by Course Provider, the rights and liabilities of Course Provider will bind and inure to any assignees, administrators, successors, and executors.

E) SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.

F) NO WAIVER: In the event that we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.

G) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.

H) NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.

I) FORCE MAJEURE: We are not liable for any failure to perform due to causes beyond our reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, government declared pandemics, and other acts which may be due to unforeseen circumstances.

J) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including e-mail or fax. For any questions or concerns, please email us at the following address: support@dozercpm.com.

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