PREMIER TRAINING SERVICES, INC. ("PREMIER TRAINING") IS ENGAGED IN, AMONG OTHER THINGS, THE BUSINESS OF DEVELOPING AND DELIVERING ONLINE TRAINING. YOU MAY NOT ACCESS OR UTILIZE SUCH TRAINING IF YOU DO NOT AGREE TO THE FOLLOWING TERMS AND CONDITIONS. PLEASE READ THE FOLLOWING DOCUMENT CAREFULLY.
1. Scope. These terms and conditions ("Terms") apply to Premier Training's online training courses ("Services") and any related use of Premier Training's products, (collectively "Products").
2. Intellectual Property. The Services and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Premier Training, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the materials or content in connection with the Services.
3. Use/Access. You are responsible for making all arrangements necessary for you to have access to the Services and for ensuring that all persons who access them through your internet connection are aware of these Terms and comply with them. You expressly agree not to sell, auction, loan, rent, lease, give away, describe, summarize, or otherwise reveal the Services or their contents to any other person or entity. You also warrant that you are not an agent or employee of any other similarly situated company and you agree to not use, retransmit, publish, distribute, display or otherwise make available any of the Services for any other business endeavor or to any other individual or entity. Any breach of these Terms automatically terminates your authorized use of the Services in addition to all other remedies available at law and/or equity.
4. Reserved Rights; Others’ Rights. All rights in the Services and Products that are not expressly granted are reserved. You agree to use the Services and Products only in ways that comply with all applicable laws, as well as with these Terms, and that do not infringe or violate anyone’s rights.
5. Disclaimers. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES ARE AT YOUR SOLE RISK AND YOU ASSUME ALL RISK RELATED TO YOUR FUTURE USE OF ANY TECHNIQUES, METHODS, OR ANY CONTENT WHATSOEVER RELATED TO THE SERVICES. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH CONTENT BY YOU. THE SERVICES AND ANY RELATED PRODUCTS ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR OTHERWISE) REGARDING THE SERVICES OR PRODUCTS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, SUFFICIENCY OR QUALITY OF THE SERVICES OR RELATED PRODUCTS, NOR THAT ANY PARTICULAR CONTENT WILL CONTINUE TO BE MADE AVAILABLE. WE DO NOT WARRANT THAT THE SERVICES OR RELATED PRODUCTS WILL MEET ANY SPECIFIC OR INTENDED RESULT OR WILL OPERATE WITHOUT ERROR OR INTERRUPTION, OR THAT THE SERVICES OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIALS.
YOU UNDERSTAND AND ACKNOWLEDGE THAT THE SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY. THE SERVICES ARE NOT INTENDED TO BE AND ARE NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE OF ANY KIND. SPECIFICALLY, NO PART OF THE SERVICES ARE OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING PERSONAL HEALTH OR MEDICAL CONDITIONS EMERGENCY OR OTHERWISE. DO NOT AVOID OR DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ, HEARD OR THAT IS OTHERWISE RELATED TO THE SERVICES.
6. Limitations of Liability and Remedies. YOUR USE OF THE SERVICES AND PRODUCTS ARE AT YOUR OWN SOLE RISK. IN NO EVENT SHALL WE BE LIABLE TO YOU, IN CONTRACT, TORT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER SUCH DAMAGES ARISING OUT OF OR RELATING TO THE SERVICES OR PRODUCTS OR THESE TERMS, EVEN IF THE SERVICES OR PRODUCTS ARE DEFECTIVE OR WE ARE NEGLIGENT OR OTHERWISE AT FAULT, AND REGARDLESS OF WHETHER WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Indemnity. You agree to indemnify and hold harmless Premier Training, its respective officers, members, managers, employees, agents, contractors, licensors, suppliers, successors, and assigns from and against all claims, actions, suits, damages, liabilities, and costs (including, without limitation, reasonable legal fees) arising from your failure to comply with any provision of these Terms.
8. Trademarks. Nothing in these Terms or with the Services or Products will be construed as granting you any right or license to use any trademarks, service marks, or logos displayed with the Services or Products. You agree not to use or register any name, logo, or insignia of Premier Training or any of its subdivisions for any purpose except with our prior written approval and in accordance with any restrictions required by us.
9. General. If any provision of these Terms is held to be invalid or unenforceable, that provision, to the extent unenforceable, shall be struck, and shall not affect the validity or enforceability of the remaining provisions. Your rights under these Terms are personal, nonexclusive and nontransferable. Headings are for reference purposes only and in no way define or limit the scope or extent of any provision of these Terms. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. nothing herein shall be deemed to confer any third-party rights or benefits. These Terms set forth the entire understanding and agreement between you and us with respect to this subject matter.
10. Governing Law and Jurisdiction. All matters relating to the Services and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Michigan without giving effect to any choice or conflict of law provision or rule (whether of the State of Michigan or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Michigan although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.