Terms and Conditions
Important: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY PRIOR TO PURCHASING, ACCESSING, AND COMPLETING ANY OF OUR ONLINE, BLENDED LEARNING, LIVE-BROADCAST, OR CLASSROOM TRAINING PROGRAMS.
This is a binding legal agreement between you as the licensee (“Licensee”) and Pull Plan Software, Inc. as the licensor (“Licensor”) for the purchase and review of training courses accessible through our learning management system, live-broadcast platform, or in classroom (herein referred to as “Training Content”), which includes all downloadable, streaming or printed materials, media (photos and videos), PowerPoint files, SCORM packages, and other content used within the delivery of a training course (herein referred to as “Training Materials”).
By purchasing any Training Content you agree to these terms which will bind you and (if you are an employer) each of your employees. If you do not agree to these terms, we cannot offer training content to you and you must not make any purchases on our site.
1. Sale of Content
The purchase of Training Content grants the Licensee a non-exclusive, non-transferable license to access the specified Training Materials that you purchase for the duration outlined on the product page. The Licensee shall access only the number of licenses purchased and shall not share licenses among individuals (1 person per license).
2. Acceptable Uses
As a licensor of our Training Content, you may
- Access Training Content and Training Material for the duration listed on the course product page at the date and time of purchase
- Download course documents and store them on your computer for personal use
- Consume the content at will and access the Learning Management System at any time within the duration outlined on the course product page
3. Expectations of Access and Prohibited Use
Except as expressly set out in this License you agree (and you undertake to ensure that your employees or any other delegate attending a Training Course on your behalf or on your account so agrees):
- not to access the Training Content or Training material in an effort to gather intelligence or information as a competitive agent or organization
- not to copy the Training Content or Training Materials for the purpose of distribution to any other parties
- not to license, rent, lease, sub-license, loan, merge, adapt, modify or translate the Training Content or Training Material for any purpose
- not to incorporate the Training Content or Training Material into any course, document, procedure, or other assets that violates the personal use expectation of these terms and conditions
- not to brand or rebrand Training Content or Training Material with any other name, logo, or watermark that would imply ownership by another party
- not to store Training Content or Training Material in any location that would permit access or use by any party other than the Licensee
- not to post information or material on the LMS that the Licensee does not own the intellectual property for
- to supervise and control the use of Training Content and Training Material within your organization so as to comply with the terms and conditions set forth herein (if you are purchasing Training Content on behalf of an organization)
- not to use the Learning Management System for the purposes of business development unless granted permission by Pull Plan Software, Inc.
- not to upload or infect the Learning Management System with any virus, trojan horse, malware, or other malicious file or code that may cause damage to the system or users of the system
4. TRANSFERS AND CANCELLATION OF TRAINING COURSES
Self-paced course licenses may be transferred to another Licensee provided the original Licensee has not yet accessed the Learning Management System. Transfers are completed only upon request to the Pull Plan Academy™ in writing. License access durations shall not be extended in the event of License transfer to another Licensee.
Blended learning course licenses may be transferred to another Licensee up to a minimum of 3 days prior to course start, provided the original Licensee has not previously accessed the Learning Management System. License durations shall not be extended in the event of license transfer to another Licensee.
No refunds shall be provided for the cancellation of E-Learning courses or Blended Learning courses no matter the date of notification.
We reserve the right to cancel a Training Course at any time without incurring any liability to the Licensee or any delegate. In the event of course cancellation or reschedule, the Licensee will be provided with the option of a full refund, a credit, or the transfer to a course offered on a new date.
5. INTELLECTUAL PROPERTY RIGHTS
By purchasing Training Content, you acknowledge that all intellectual property rights for accessed Training Content and Training Material belong to the Licensor, or sub-contractor of the Licensor, and that these rights are licensed and not sold to the Licensee. The Licensee shall have no claim to ownership of any Training Content or Training Material accessed within the Learning Management System.
6. LICENSOR'S LIABILITY
By purchasing Training Content and receiving the Training Materials on this site, the Licensee warrants that the Licensor shall not be liable for any:
- loss of income
- business interruption
- loss, corruption, or breach of information or data
- loss of reputation
- loss of contracts, revenue, or profits
- loss of use of capital
- any indirect loss whether caused by negligence or breach of contract by the Licensor
You agree that Licensor’s responsibility for the use of any of the Training Content or Training Materials available on our site is limited as set forth below:
ALL PRODUCTS AND SERVICES AVAILABLE ON THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANT OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE PRODUCTS AND SERVICES AVAILABLE ON THIS SITE WILL MEET YOUR REQUIREMENTS; THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE; OR THE QUALITY OF ANY PRODUCTS OR SERVICES WILL MEET YOUR EXPECTATIONS. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS AND SERVICES. WE DO NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS AND SERVICES THAT ARE NOT AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. IN NO EVENT SHALL WE OR OUR PARENT, SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, SHAREHOLDERS, EMPLOYEES, OR OFFICERS (COLLECTIVELY, OUR “AFFILIATES”) HAVE ANY OBLIGATIONS OR LIABILITIES TO YOU OR ANY OTHER PERSON FOR LOSS OF PROFITS, FOR LOSS OF BUSINESS OR USE, OR FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION, EVEN IF WE OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, ARISING OUT OR IN CONNECTION WITH THE SALE, DELIVERY, USE, REPAIR OR PERFORMANCE OF THE PRODUCTS AVAILABLE THROUGH THIS SITE. NONE OF OUR EMPLOYEES OR REPRESENTATIVES ARE AUTHORIZED TO MODIFY THIS LIMITATION. OUR SOLE AND ENTIRE MAXIMUM LIABILITY (AND THE LIABILITY OF ANY OF THE PROVIDERS OF PRODUCTS AND SERVICES AVAILABLE ON OUR SITE), FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE FOR ANY TRAINING CONTENT.
Although Pull Plan Academy™ attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Pull Plan Academy™ so that it can be corrected. Information contained on the Site may be changed or updated without notice.
7. TERMS OF PAYMENT
Payment is due at the time of course registration. Payments may only be made with a credit card through our secure website. Invoices for payment on other terms shall only be issued at the discretion of the Licensor.
The Licensor may terminate the access of the Licensee to Training Content in the event of a material breach of the aforementioned terms and conditions. Notification of termination to the Licensee shall be provided through e-mail as provided to Licensor by Licensee at the time of registration. In the event of license termination, all rights afforded to the Licensee or the Licensee’s organization under this agreement shall cease and the Licensee’s access to the Learning Management System shall be revoked. Further, the Licensee agrees that it shall delete, destroy, or remove from possession by return to Licensor all Training Content and Training Material that the Licensee has in their possession at the time of termination.
9. TRANSFER OF RIGHTS AND OBLIGATIONS
This agreement of a license is binding upon all parties at the time of purchase. The Licensee shall not attempt to sell, transfer, lend, lease, rent, or dispose of the license or this agreement without prior written consent by both parties. The Licensor retains the right to modify, assign, transfer, sub-contract or dispose of this agreement, and any rights and obligations set forth within, at any time and for any reason.
10. FORCE MAJEURE
Pull Plan Software, Inc. or any of its sub-contractors shall not be liable or responsible to perform any of its obligations set forth within this agreement in the event of an occurrence outside of our reasonable control (force majeure).
The failure of the Licensor to exercise the rights set forth herein shall not constitute a waiver of said rights on behalf of the Licensee, nor will it relieve the Licensee of their obligations under this agreement.
12. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
Pull Plan Software, Inc. retains the right to modify or amend these Terms and Conditions as required or seen fit within its sole discretion.
13. LINKS OR POINTERS TO OTHER SITES
Pull Plan Software, Inc. makes no representations whatsoever about any other Website that you may access though this Site. When you access a non-Pull Plan Software, Inc. Website, please understand that it is independent from Pull Plan Software, Inc., and that Pull Plan Software, Inc. has no control over the content on that Website. In addition, a hyperlink to a non-Pull Plan Software, Inc. Website does not mean that Pull Plan Software, Inc. endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive nature.
14. CHOICE OF LAW AND VENUE
These Terms and Conditions are entered into in the State of California and shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules. Each party to these Terms and Conditions submits to the exclusive jurisdiction of the state and federal courts sitting in the County of San Diego in the State of California, United States of America and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms and Conditions, the prevailing party will be entitled to costs and attorney’s fees. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.
15. ENTIRE AGREEMENT
16. NO UNLAWFUL OR PROHIBITED PURPOSE
As a condition of your use of this Site, you warrant to Pull Plan Software, Inc. that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions.