Performance Training Institute Website Terms and Conditions of Use
Welcome:
Thank you for choosing to visit the Performance Training Institute “(PTI”) web site (the “Web Site”). These Web Site Terms and Conditions (“Terms of Use”) apply to your access to, and use of, this Web Site and features and applications accessible through, or in connection with, the Web Site (collectively the “Services”). Certain Services may be subject to additional terms and conditions (collectively “Additional Terms”) as may be set forth in these Terms of Use, on the Web Site or in connection with your use of such Services, and your use of such Services constitutes your agreement to all applicable Additional Terms. Such Additional Terms are hereby incorporated by reference into these Terms of Use. Further, these Terms of Use are in addition to the terms or conditions of any other agreement you may have with PTI for products, services or otherwise, including, without limitation, terms, conditions and policies relating to the courses and educational programs provided by PTI.
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. BY ACCESSING OR USING THE WEB SITE OR THE SERVICES, YOU ARE ENTERING INTO A LEGAL CONTRACT WITH PTI, THE TERMS OF WHICH GOVERN YOUR USE OF THE WEB SITE. ACCORDINGLY, BY YOUR ACCESS OR USE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL ADDITIONAL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE WEB SITE OR THE SERVICES.
Modifications to Terms of Use:
PTI reserves the right to change or modify any of the terms and conditions contained in the Terms of Use or any Additional Terms of the Web Site, at any time and in its sole discretion. If PTI changes or modifies these Terms of Use, PTI will post the changes to these Terms of Use on the Web Site. Any changes or modifications will be effective immediately upon posting of the revisions to the Web Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Web Site or the Services following the posting of changes or modifications will constitute and confirm your agreement to and acceptance of such changes or modifications. It is your responsibility to regularly check this Site to determine if there have been changes to these Terms of Use and to review such changes. If you do not agree to the amended terms, you must stop using the Web Site and the Services.
Copyright and Limited License from PTI
Unless otherwise indicated in the Web Site, the Web Site, the Services and all content and other materials on the Web Site including, without limitation, the PTI logo and all designs, text, graphics, pictures, information, data, software, routines, documentation, technology, sound files, other files, and the selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of PTI or its licensors or users and are protected by U.S. and international copyright and other laws. You are granted a limited license, without the right to sublicense, to access and use the Web Site, the Site Materials and the Services, and to print hard copy portions of the Site Materials, for your educational, non-commercial and personal use only. Such license is subject to these Terms of Use, the applicable Additional Terms, if any, and any other applicable terms and conditions, and without limiting any of the foregoing, you expressly agree not to:
(a) re-sell, lease, transfer, lend, timeshare, syndicate or commercially use the Web Site, Site Materials or the Services;
(b) decompile, reverse engineer, disassemble or otherwise attempt to derive any source code from the Web Site, the Site Materials or the Services;
(c) distribute, publicly perform, or publicly display the Web Site, the Site Materials or the Services;
(d) modify, adapt, translate, or create any derivative works of the Web Site, the Site Materials, the Services or any portion thereof;
(e) use any data mining, crawlers, spiders, robots or similar data gathering or extraction methods;
(f) download, index or in any non-transitory manner store or cache any portion of the Web Site, the Site Materials, the Services or any information contained therein, except as expressly permitted on the Web Site;
(g) remove, deface, obscure, or alter any copyright, trademark or other proprietary rights notices affixed to or provided in connection with the Web Site, the Site Materials or any Services;
(h) create or attempt to create a substitute or similar service or product through the use of or access to the Web Site, the Site Materials, the Services or any proprietary information related thereto; or
(i) use the Web Site, the Site Materials or the Services other than for its intended purpose.
Any use or attempted use of the Web Site, the Site Materials or the Services other than as specifically authorized herein, without the express prior written permission of PTI, or its licensors, is strictly prohibited and will, among other things, terminate the license granted herein. Such unauthorized use or attempted use may also violate applicable laws, including without limitation, copyright and trademark laws and applicable communications regulations and statutes. Except as explicitly stated herein, nothing in these Terms of Use or any applicable Additional Terms shall be construed as conferring any license to any intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time, in PTI’s sole discretion.
Use of E-Mail
E-mail submissions over the Internet may not be secure and are subject to the risk of interception by third parties. Please consider this fact before e-mailing any information. Also, please consult our Privacy Policy (http://www.ptitraining.edu/privacy_policy). You agree not to submit or transmit any e-mails or materials through the Web Site that:
(i) are defamatory, threatening, obscene or harassing,
(ii) contain a virus, worm, Trojan horse or any other harmful component,
(iii) incorporate copyrighted or other proprietary material of any third party without that party’s permission or
(iv) otherwise violate any applicable laws.
PTI shall not be subject to any obligations of confidentiality regarding any information or materials that you submit online except as specified in these Terms of Use, or as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law.
Copyright Infringement Complaints
If you believe that any material on the Web Site infringes upon any copyright which you own or control, you or your designee, acting as a “Complaining Party”, may send a notification of such claimed infringement to PTI as follows:
Mieke Gibson
CEO
Performance Training Institute
10245 E. Via Linda, Suite 225
Scottsdale, AZ 85258
To be effective, a notification of claimed infringement must be a written communication that includes substantially the following:
a) A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
b) Identification of the copyrighted work or works claimed to have been infringed.
c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
d) Information reasonably sufficient to permit PTI’s contact with the Complaining Party, such as a current, valid address, telephone number and, if available, an electronic mail address at which the Complaining Party may be contacted.
e) A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
f) A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of such notification, PTI or its designated representative will contact the Complaining Party.
Trademarks
All logos and any other product or service name or slogan contained in the Web Site are trademarks of PTI, or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the express prior written permission of PTI or the applicable trademark holder. You may not use any meta tags or any other “hidden text” utilizing “Performance Training Institute,” “PTI” or any other name, trademark or product or service name of PTI without our express prior written permission. In addition, the look and feel of the Web Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of PTI and may not be copied, imitated or used, in whole or in part, without our express prior written permission. All other trademarks, service marks, logos, and product names published on the Web Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by PTI.
Hyperlinks
PTI makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party web site accessible by hyperlink from the Web Site, or web sites linking to the Web Site. Such sites are not under the control of PTI and PTI is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. PTI provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by PTI of any site or any information contained therein. When you leave the Web Site, these Terms of Use will no longer govern your Internet browser session. Your use of any site to which you navigate from the Web Site will be subject to that site’s terms of use, if any, and its privacy and data gathering policies. It shall be your sole responsibility to review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Web Site.
You are granted a limited, non-exclusive right to create a text hyperlink to publicly available Web Site for noncommercial purposes, provided such link does not portray PTI or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner or light, and provided further that the linking site does not contain any adult or illegal material or any material that is, in PTI’s sole opinion, offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use PTI logo or other proprietary graphic of PTI to link to the Web Site without the express prior written permission of PTI. Further, you may not use, frame or utilize framing techniques to enclose any PTI trademark, logo or other proprietary information, including the images found at this Web Site, the content of any text or the layout/design of any page or form contained on a page on this Web Site, without PTI’s express prior written permission. Except as expressly stated above, you are not conveyed any right or license by implication, usage, custom, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of PTI or any third party.
Third Party Content and Applications
In addition to official pages on the Web Site containing the content of PTI in support of PTI’s mission or related administrative business, our Web Site may include third party content and may provide links to web pages and content of third parties (collectively the “Third Party Content”) as a service to those interested in this information, including content and views of various individuals such as employees, students, faculty, alumni or members of the public. The views expressed in such Third Party Content should not be construed as representing the views of PTI. In addition, the Web Site may include certain applications, features, programs and services provided by third parties (the “Third Party Applications”). PTI does not monitor Third Party Content or Third Party Applications and can make no guarantee as to the accuracy or completeness of such Third Party Content or Third Party Applications. PTI is not responsible or liable in any manner for any Third Party Content or Third Party Applications, or for any loss, liability, harm or damages of any sort incurred as the result of your use thereof or access thereto, and makes no representations or warranties in connection with any Third Party Content or Third Party Applications, which at all times and in each instance is provided “as is.” Third Party Applications may be subject to additional terms and conditions or agreements between you and the provider of such Third Party Applications as may be provided to you in connection therewith, and you agree to fully comply with all such additional terms, conditions and agreements. Users use such Third Party Content and Third Party Applications at their own risk.
Third Party Products, Services, Advertisements and Promotions
PTI may provide information about or links to third party products or services on the Web Site or may run third party advertisements or promotions on the Web Site. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. PTI is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-PTI advertisers or third party information on the Web Site.
Representations; Registration Data; Account Security
In consideration of your use of the Web Site, the Site Materials and the Services, you represent you are of legal age to form a binding contract. In consideration of your use of any of the Web Site, the Site Materials and Services, you agree to:
(a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Web Site (“Registration Data”);
(b) maintain and be solely responsible for the security of any password and identification you provide;
(c) maintain and promptly update the Registration Data, and any other information you provide to PTI, to keep it accurate, current and complete; and
(d) accept all risks of unauthorized access to the Registration Data and any other information you provide to PTI.
Indemnification
You agree to defend, indemnify and hold harmless PTI, its principals, officers, employees, service providers, consultants, agents and representatives from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your use of the Web Site, the Site Materials, the Services, including without limitation, any actual or threatened suit, demand or claim made against PTI and/or its principals, officers, employees, service providers, consultants, agents and representatives arising out of or relating to your conduct, your violation of these Terms of Use, or the Privacy Policy (http://www.ptitraining.edu/privacy_policy) , as each may be amended from time to time, or your violation of any law(s), regulation(s), or the right(s) of any third party.
Disclaimer
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY PTI, THE WEB SITE, THE SITE MATERIALS CONTAINED THEREIN, THE SERVICES, AND ALL CONTENT MADE AVAILABLE ON, CONTAINED IN, OR ACCESSED THROUGH THE WEB SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. PTI DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT AND MATERIALS IN THE WEB SITE. PTI DOES NOT REPRESENT OR WARRANT THAT THE CONTENT AND MATERIALS ON THE WEB SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. PTI DOES NOT REPRESENT OR WARRANT THAT THE WEB SITE OR ITS HOST SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PTI IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR IMAGERY. WHILE PTI ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE WEB SITE AND THE SERVICES SAFE, PTI CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE WEB SITE OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
PTI reserves the right to change or delete any and all Site Materials contained in the Web Site and any Services offered through the Web Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by PTI.
Limitation of Liability
IN NO EVENT SHALL PTI, ITS PRINCIPALS, OFFICERS, EMPLOYEES, SERVICE PROVIDERS, CONSULTANTS, AGENTS OR REPRESENTATIVES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE WEB SITE, THE SITE MATERIALS, OR THE SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM PTI, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO PTI’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF PTI, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE WEB SITE, THE SITE MATERIALS, OR THE SERVICES EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO PTI FOR ACCESS TO OR USE OF THE WEB SITE. IF YOU ARE A STUDENT, YOU ACKNOWLEDGE THAT NO PORTION OF YOUR TUITION SHALL BE CONSIDERED COMPENSATION PAID FOR ACCESS TO OR USE OF ANY PORTIONS OF THE WEB SITE ACCESSIBLE TO STUDENTS AS PART OF THEIR PROGRAM OR COURSE OF STUDY. HOWEVER, IF YOU PAY RESOURCE FEES OR ACCESS FEES TO PTI, A PORTION OF SUCH FEES MAY BE CONSIDERED COMPENSATION FOR YOUR USE OF THE WEB SITE.
Applicable Law and Venue
These Terms of Use and your use of the Web Site, the Site Materials and the Services (except as otherwise may be provided with respect to Third Party Applications) shall be governed by and construed in accordance with the laws of the State of New Jersey applicable to agreements made and to be entirely performed within the State of New Jersey, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms of Use (except as may be provided with respect to third party copyright complaints) shall be filed only in the state and federal courts located in Ocean County, New Jersey and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Use.
Termination
Notwithstanding anything to the contrary in these Terms of Use, PTI reserves the right, without notice and in its sole discretion, to terminate your license to use the Web Site, the Site Materials, the Services or any portion thereof, and to block or prevent your future access to and use of any of the Web Site, the Site Materials or the Services.
Severability
If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be modified by such court to the minimum extent necessary to make such provision enforceable and, if such modification is not possible, such provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
Questions & Contact Information
Questions or comments about the Web Site may be directed to PTI at info@ptitraining.edu or by calling (877) 841-5060.
