Updated: January 1, 2013
THESE TERMS GOVERN YOUR USE OF THIS SITE, WHICH IS PROVIDED BY US. THESE TERMS ARE SUBJECT TO CHANGE BY PME AT ANY TIME IN ITS DISCRETION. YOUR USE OF THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AFTER YOU READ THIS AGREEMENT, YOU MAY NOT USE OUR SERVICE AND YOU SHOULD CEASE FURTHER USE OF THIS SITE. PLEASE CONSULT THESE TERMS REGULARLY.
YOU MUST BE EIGHTEEN (18) YEARS OR OLDER TO ACCESS THIS WEBSITE. IF YOU ARE UNDER EIGHTEEN YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS THIS WEBSITE FOR ANY REASON. DUE TO THE AGE RESTRICTIONS FOR USE OF THIS WEBSITE, NO INFORMATION OBTAINED BY THIS WEBSITE, FALLS WITHIN THE CHILD ONLINE PRIVATE ACT AND IS NOT MONITORED AS DOING SO.
Restrictions On Use
You may use this Site for purposes expressly permitted by this Site. You may not use this Site for any other purpose, including any commercial purpose, without our Company’s express prior written consent. For example, you may not (and may not authorize any other party to: (i) co-brand this Site, or (ii) frame this Site, or (iii) hyper-link to this Site, without the express prior written permission of an authorized representative of our Company. For purposes of these Terms, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Site or content accessible within this Site. You agree to cooperate with our Company in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.
The material and content (hereinafter referred to as the “Content”) accessible from this Site, and any other website owned, operated, licensed, or controlled by our Company is the proprietary information of our Company or the party that provided the Content to our Company, and our Company or the party that provided the Content to our Company retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of our Company, or unless authorized in writing elsewhere on our Site, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms violates our Company’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this Site.
You may download and copy downloadable items displayed on the Websites for personal, noncommercial use only, provided that you maintain all copyright and other notices contained in such content. You agree that you may not store or maintain more than one copy of any of the contents of the Site at any given time.
This Site may be hyper-linked to other sites which are not maintained by, or related to, our Company. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this Site or our Company. Our Company has not reviewed any or all of such sites and is not responsible for the content of those sites. Hyper-links are to be accessed at the user’s own risk, and our Company makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this Site. Further, the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by our Company of that site.
Disclaimer of Warranties
PME EXPRESSLY DISCLAIMS ALL WARRANTIES RELATED TO ANY USE OF THIS SITE, OR THE CONTENT AND FURTHER THAT THE WEBSITE WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THEY WILL OPERATE ERROR FREE. IN ADDITION, YOU AGREE THAT PME PROVIDES ACCESS TO THE WEBSITE, ONLINE COMMUNITY AND THE SERVICES “AS IS” AND ON AN “AS AVAILABLE” BASIS AND MAKES NO WARRANTY WITH REGARD TO THE SERVICES OR THE SUITABILITY OF THE SERVICES FOR YOUR NEEDS. WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THE SERVICES AND CONTENT OF THE WEBSITE DO NOT PROVIDE INVESTMENT, FINANCIAL OR TAX ADVICE, AND SHOULD NOT BE USED TO MAKE ANY INVESTMENT DECISIONS. WE DO NOT ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT, NOR DO WE ENDORSE OR SPONSOR THE PRODUCTS, GOODS OR SERVICES OF ANY USER. YOU SHOULD ALWAYS SEEK THE ASSISTANCE OF A PROFESSIONAL FOR TAX, FINANCIAL AND INVESTMENT ADVICE.
PME MAKES NO EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION. NO PME AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL PME, IT’S PARENT COMPANY, IT’S SUBSIDIARIES, AFFILIATED ENTITIES, OFFICERS, EMPLOYEES, AGENTS, LICENSEES OR LICENSORS, OR ITS SUPPLIERS OR RESELLERS (EITHER JOINTLY OR SEVERALLY) BE LIABLE TO YOU OR ANY OTHER PERSON, INCLUDING WITHOUT LIMITATION, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL DAMAGES OR OTHER LOSS OF ANY CHARACTER, RELATING TO THE WEBSITE, THESE TERMS OR ACTIVITIES RELATING THERETO EVEN IF PME SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMIT OF THE AGGREGATE LIABILITY OF PME FOR DIRECT DAMAGES SHALL NOT EXCEED THE AMOUNTS OF MONEY YOU PAID TO PME FOR PRODUCTS OR SERVICES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN PME’S LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
You will indemnify and hold Company, its parent company, subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (hereinafter known as the “Indemnified Parties”) harmless from any breach of these Terms by you, including any use of Content other than as expressly authorized in these Terms. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney’s fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this Site.
Return and Refund Policy
Except as set forth below, in order to be entitled to a refund PME must receive your request within three (3) days of your product purchase date. All refunds are contingent upon your return of any and all materials purchased in a re-saleable condition. You will be responsible for the costs of shipping and handling for any product return. Once PME has provided you a return authorization, you understand your refund is further contingent upon your return of the products to PME within seven (7) days of obtaining the authorization code. You must also return the product via a traceable method and supply PME with a tracking number. Returns received without an authorization code or that are delivered seven (7) days after your receipt of a return authorization code will result in your refund being delayed. You acknowledge and agree that if you have attended a live training event sponsored by PME or any of PME’s affiliates within the 3-day return period, this refund policy described above shall be null and void. Additionally, returned products may be subject to a 20% restocking fee.
Notwithstanding anything to the contrary contained in these Terms, in the event your materials are delivered to you via electronic transmission, once you have received your purchased materials via electronic transmission you will be not entitled to a refund of any kind or nature.
Any passwords used for this Site are for individual use only. You will be responsible for the security of your password (if any). PME will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Company considers insecure, Company will be entitled to require the password to be changed and/or terminate your account.
You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Company reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. Company reserves the right to investigate suspected violations of these Terms.
PME reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms. BY USING THIS SITE YOU WAIVE AND HOLD HARMLESS COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.
Governing Law; Jurisdiction
You specifically acknowledge and agree that these Terms and their interpretation and enforcement are governed by the laws of the state of Idaho. Furthermore, you irrevocably (i) submit to the jurisdiction of any court of the State of Idaho located in Kootenai County for the purpose of any suit, action or other proceeding arising out of these Terms or any of the agreements or transactions contemplated hereby (each, a “Proceeding”), (ii) agree that all claims in respect of any Proceeding may be heard and determined in any such court, (iii) waive, to the fullest extent permitted by law, any immunity from jurisdiction of any such court or from any legal process therein, (iv) agree not to commence any Proceeding other than in such courts and (v) waive, to the fullest extent permitted by law, any claim that such Proceeding is brought in an inconvenient forum.
The substantially prevailing party will be entitled to recover its attorneys’ fees from the substantially non-prevailing parties incurred in connection with the prevailing party’s efforts to enforce this Agreement, regardless of whether any action or proceeding is commenced.
These Terms constitutes the entire understanding and agreement between us with respect to the subject matter hereof.
If for any reason any provision of these Terms are determined by a tribunal of competent jurisdiction to be legally invalid or unenforceable, the validity of the remainder of these Terms will not be affected and such provision will be deemed modified to the minimum extent necessary to make such provision consistent with applicable law and, in its modified form, such provision will then be enforceable and enforced.
These Terms are binding upon you and will bind your executors, personal representatives, legatees, heirs, successors and assigns.
Any section of these Terms which by its terms and nature is meant to survive the termination of these Terms, shall survive such termination.
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