This notice about our Terms of Service (hereinafter, “Terms”) applies to online Courses (“Courses”) provided by Powers Resource Center, a limited liability company, organized under the laws of the state of Colorado, hereinafter referred to as “PRC.”
These Terms shall govern the use of all pages and screens in and on the Courses and any related services provided by PRC through the Courses and/or on PRC’s website (“Website”).
ASSENT & ACCEPTANCE:
By purchasing and participating in our Courses, you warrant that you have read and reviewed these Terms and that you agree to be bound by them. If you do not agree to be bound by these Terms, please cease your participation in PRC Courses immediately. If you do so after purchase, you will not be entitled to any refund. PRC only agrees to provide Courses to you if you assent to these Terms.
LICENSE TO USE WEBSITE & ACCESS COURSE MATERIALS:
We may provide you with certain information as a result of your accessing our Courses 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 our Courses (“Materials”). Subject to these Terms, we grant you a non-exclusive, limited, non-transferable, and revocable license to use the Materials solely in connection with your participation in the Courses 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 Courses, your cessation of use of the Courses or the Website, or at the termination of these Terms.
COURSE TERMS:
PRC’s Courses do not have a structured start date, which means you may begin them at any time.
At the completion of the Course(s), you will receive a certificate evidencing your participation in, and completion of, the Course(s).
The Courses and any of its accompanying Materials may not be shared with any party. If we suspect that the Courses 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 Courses, in our sole and exclusive discretion.
We do not offer any promises or guarantees with regard to our Courses or Materials. You hereby acknowledge and agree:
A) You are solely and exclusively responsible for the choices that you make with regard to our Courses, 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 Courses.
INTELLECTUAL PROPERTY:
You agree that the Materials, the Courses, the Website, and any other Services provided by PRC are the property of PRC, including all copyrights, trademarks, trade secrets, patents, and other intellectual property (“PRC IP”). You agree that PRC owns all right, title, and interest in and to PRC IP and that you will not use PRC IP for any unlawful or infringing purpose. You agree not to reproduce or distribute PRC 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 PRC.
CONTENT YOU POST:
Through your participation in the Courses and your use of the Website, you may be permitted to post materials to our Courses pages and other parts of the Website (“User Contributions”). You hereby grant PRC a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit and make derivative works of User Contributions you post. PRC claims no further proprietary rights in your User Contributions.
You also agree to comply with the “Acceptable Use” provision of these Terms 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.
YOUR OBLIGATIONS:
As a participant in the Courses, your organization’s group representative (“Representative”) will be asked to register with us. When they do so, you will be assigned a user identifier, which may be your email address or another term, as well as a password. The Representative 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 Courses. 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 Representatives provide us, including credit card, billing address, and other payment information, is subject to the same confidentiality and accuracy requirements as the rest of any identifying information. Providing false or inaccurate information, or using the Courses or the Website to further fraud or unlawful activity is grounds for immediate termination of these Terms.
PAYMENT & FEES:
Course fees will be agreed upon by PRC and the Representative’s organization.
The entirety of the Fees are due and payable upon your registration in the Courses. Payment plans or installment plans may be available. Please contact us to speak with us about making any such payment arrangements.
REFUNDS:
If a participant is unable to follow any part of any Course because of technical issues that cannot be resolved after thorough investigation and the participant is unable to access any Course by alternative means, then PRC will issue a refund equal to the cost of the participant’s access to PRC’s Course. PRC will also extend refunds for any participants that result in unused access to Courses equal to the cost of the participant’s access. Once participants gain access and complete any sections, then no refunds will be offered. If an organization is not satisfied with the Courses’ content and Materials then we ask that you contact us and let us know how we can improve the quality of our content.
ACCEPTABLE USE:
You agree not to use the Courses or the Website for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Courses or the Website in any way that could damage the Courses, Website, Services, or general business of PRC.
a) You further agree not to use the Courses or the Website:
I) To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
II) To violate any intellectual property rights of PRC 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.
NO LIABILITY:
The Courses and Website are provided for informational purposes only. You acknowledge and agree that any information posted in the Courses, in the Materials, or on the Website is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between you and us. You further agree that your participation in the Courses is at your own risk. We do not assume responsibility or liability for any advice or other information given in the Courses, in the Materials, or on the Website.
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 Courses or Website;
b) Violate the security of the Courses or Website through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
DATA LOSS:
We do not assume or accept responsibility for the security of your account or content. You agree that your participation in the Courses or use of the Website is at your own risk.
INDEMNIFICATION:
You agree to defend and indemnify PRC 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 Courses, your use or misuse of the Website, your breach of these Terms, 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.
SPAM POLICY:
You are strictly prohibited from using our Courses for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
MODIFICATION & VARIATION:
We may, from time to time and at any time without notice to you, modify these Terms. You agree that we have the right to modify these Terms or revise anything contained herein. You further agree that all modifications to these Terms are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of these Terms, unless prior versions are specifically referred to or incorporated into the latest modification or variation of these Terms.
To the extent any part or sub-part of these Terms is held ineffective or invalid by any court of law, you agree that the prior, effective version of these Terms shall be considered enforceable and valid to the fullest extent.
SERVICE INTERRUPTIONS:
We may need to interrupt your access to the Courses to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Courses and/or Website 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.
TERM, TERMINATION & SUSPENSION:
We may terminate these Terms with you at any time for any reason, with or without cause. We specifically reserve the right to terminate these Terms 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 these Terms at any time by contacting us and requesting termination. At the termination of these Terms, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
Please be advised that terminating these Terms does not entitle you to a refund on any monies spent with us.
NO WARRANTIES:
You agree that your participation in the Courses and your use of the Website 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 Courses or Website will meet your needs or that the Courses 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 Courses 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 Courses or your use of the Website is your sole responsibility and that we are not liable for any such damage or loss.
LIMITATION ON LIABILITY:
We are not liable for any damages that may occur to you as a result of your participation in the Courses or your use of the Website, to the fullest extent permitted by law, as noted above. The maximum liability of PRC arising from or relating to these Terms 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.
GENERAL PROVISIONS:
A) LANGUAGE: All communications made or notices given pursuant to these Terms shall be in the English language.
B) JURISDICTION, VENUE & CHOICE OF LAW: Through your participation in the Courses and your use of the Website, you agree that the laws of Colorado shall govern any matter or dispute relating to or arising out of these Terms, 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 these Terms is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts of the following county: Boulder, Colorado. 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 these Terms, 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: Boulder. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of these Terms, 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: Colorado. 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 these Terms, waive any rights they may have to a jury trial in regard to arbitral claims.
D) ASSIGNMENT: These Terms, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by you. Should these Terms, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by PRC, the rights and liabilities of PRC will bind and inure to any assignees, administrators, successors, and executors.
E) SEVERABILITY: If any part or sub-part of these Terms 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 these Terms shall continue in full force.
F) NO WAIVER: In the event that we fail to enforce any provision of these Terms, 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 these Terms will not constitute a waiver of any other part or sub-part.
G) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under these Terms are for convenience and organization, only. Headings shall not affect the meaning of any provisions of these Terms.
H) NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of these Terms. 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, and other acts which may be due to unforeseen circumstances.
J) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under these Terms, including e-mail or fax. For any questions or concerns, please email us using this website link.