End User License Agreement
The End User License Agreement below applies to all products produced and distributed by PKSA UNIVERSITY. For questions, please contact us at 1-248-662-5110 or email us at firstname.lastname@example.org
ONLINE END USER LICENSE AGREEMENT
PLEASE READ THIS ONLINE END USER LICENSE AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE USING ANY OF THE ONLINE TRAINING SERVICES OFFERED BY PKSA UNIVERSITY (“PKSAU”) DESCRIBED BELOW. THE TERM “YOU” REFERS TO THE USER OR VIEWER OF THE WEB SITE. THIS AGREEMENT MAY BE AMENDED BY PKSAU FROM TIME TO TIME WITHOUT SPECIFIC NOTICE TO YOU. THE LATEST AGREEMENT WILL BE POSTED ON THE WEB SITE AND YOU SHOULD REVIEW THIS AGREEMENT PRIOR TO EACH USE OF THE SITE. BY USING THE ONLINE TRAINING, CONTENT AND MATERIALS PROVIDED ON THE WEB SITE (COLLECTIVELY REFERRED TO AS “SERVICES”), YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND POLICY, YOU MUST PROMPTLY EXIT THIS PAGE WITHOUT ACCESSING OR USING ANY OF THE SERVICES.
2. Restrictions and Prohibitions on Use. Your license for access and use of the Services is subject to the following restrictions and prohibitions on use: You may not (a) share or disseminate the Services with any third party; (b) copy, print (except for the express limited purpose permitted by Section 1 above), republish, post, alter, display, publicly perform, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Services retrieved therefrom; (c) create derivative works or compilations of any Services from the Web Site; (d) use any Services from the Web Site that may infringe any copyright, intellectual property right, proprietary right, or property right of PKSAU or any third parties; (e) make any portion of the Services available through the Internet or any other technology now existing or developed in the future; (f) use the Services or any portion thereof for transmitting unsolicited emails, telephone calls, facsimile transmissions, and/or mail or the use of the Services in a manner that violates any state or federal law regulating such transmissions or the export control laws or regulations of the United States; (g) introduce a virus or other harmful component, or otherwise tamper with, impair or damage any of PKSAU’s services; and (h) any rights not expressly granted by these Terms and Conditions or any applicable End User License Agreements are reserved by PKSAU..
3. Payment. For access to and use of the Services, you agree to pay the amounts set forth in PKSAU’s Fee Schedule for the number of users and/or site for which you are purchasing a license. You hereby acknowledge and agree that the subscription fee is payable in advance for each license purchased upon acceptance of this Agreement and will be charged whether you use the Services or not.. Payments not paid when due shall be subject to late charges equal to the lesser of (i) one and one-half percent (1.5%) per month of the overdue amount or (ii) the maximum amount permitted under applicable law. You agree to pay all attorneys’ and collection fees arising from efforts to collect any past due amounts from you.
4. Website Availability. PKSAU’s Website will be accessible to you via the World Wide Web portion of the Internet twenty-four (24) hours a day, seven (7) days a week, except for scheduled maintenance and required repairs, and except for any loss or interruption of Services due to causes beyond the control of PKSAU or which are not reasonably foreseeable by PKSAU, including, but not limited to, interruption or failure of telecommunication or digital transmission links and Internet slow-downs or failures.
6. Links or Pointers to Other Sites. PKSAU makes no representations whatsoever about any other website that you may access through the Services. When you access a non-PKSAU Website, you understand that it is independent from PKSAU and PKSAU has no control over the content on that website. In addition, a hyperlink to a non-PKSAU website does not mean that PKSAU endorses or accepts any responsibility for the content, or the use, of the linked website. 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.
8. Unlawful Activity. PKSAU reserves the right to investigate and pursue complaints or suspected/reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, attorneys or their agents, regulators or other third parties. You expressly agree that PKSAU may disclose any information necessary or appropriate to such persons or entities relating to your profile, email address(es), usage history, posted materials, IP addresses and traffic information.
9. Indemnification. You agree to indemnify, defend and hold us and our affiliated parties harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, arising out of or relating to your violation of this Agreement, use of the Services or any physical injury suffered due to use of the Services. You hereby agree that some of the Services involve instruction for physical activities that could result in physical injury. You hereby waive any claim against PKSAU and its affiliated parties for such physical injury.
10. Disclaimer of Warranties. THE SERVICES ARE PROVIDED AS-IS, WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. PKSAU EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE/NON-INFRINGEMENT TO THE FULL EXTENT PERMITTED BY LAW. PKSAU DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. PKSAU DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, QUALITY, RELIABILITY, APPROPRIATENESS FOR A PARTICULAR TASK OR APPLICATION, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PKSAU OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. YOU ARE ENTIRELY RESPONSIBLE FOR AND ASSUME ALL RISK FOR USE OF THE SERVICES. PKSAU IS NOT RESPONSIBLE FOR TRANSMISSION ERRORS OR CORRUPTION OR SECURITY OF INFORMATION CARRIED OVER TELECOMMUNICATION LINES.
11. Limitation of Liability. IN NO EVENT SHALL PKSAU BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, LOSS OF DATA, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF OR RELATED IN ANY WAY TO THIS AGREEMENT OR THE SERVICES, OR FOR ANY CLAIM BY ANY THIRD PARTY (INCLUDING FOR INTELLECTUAL PROPERTY INFRINGEMENT), EVEN IF PKSAU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF PKSAU TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO PKSAU IN THE THREE MONTHS PRIOR TO THE EVENT CAUSING LIABILITY.
12. Exclusive Remedy. Your sole right and exclusive remedy for breach of this Agreement by PKSAU if you are dissatisfied for any reason with the Services is to terminate this Agreement as provided in this Agreement.
13. Term and Termination. The term of this Agreement shall commence: (i) For single seat direct purchases via web or phone the term begins at time of purchase ; (ii) For subscriptions purchased via activation code, including via promotion, resellers or multi-seat purchases, the term begins upon activation of the first activation or 30 days from the date of purchase, whichever occurs first.
15. Rights and Duties Upon Termination. Upon termination of this Agreement, all rights to the Services terminate immediately and you must remove any PKSAU content from your computer immediately. You remain liable for the full charge(s) for all unexpired Term(s). If this Agreement is terminated for any reason, you agree not to re-register for or otherwise access the Services without PKSAU’s prior written approval. PKSAU may delete any data files associated with your use of the Services upon termination of this Agreement.
16. Use of Free Tutorials. If you elect to use the Services as a guest by using one or more of the free tutorials offered from time to time on PKSAU’s website, all of the terms and conditions of this Agreement will be applicable to such use, excluding however, any terms related to payment therefore.
17. Choice of Law, Venue and Jurisdiction. This Agreement shall be treated as entered into in the State of Michigan and shall be governed by and construed in accordance with the laws of the State of Michigan, exclusive of its choice of law rules. Each party to this Agreement submits to the exclusive jurisdiction and venue of the state and federal courts sitting in the County of Wayne in the State of Michigan, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys’ 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 the remaining terms and conditions shall otherwise remain in full force and effect.
18. General Terms. Your rights and obligations under this Agreement may not be assigned or transferred without the written permission of PKSAU and any assignment or transfer in violation of this provision shall be null and void. If any provision of this Agreement is determined to be invalid, all other provisions will remain in force. Notice or other communication between you, and PKSAU may be given by conventional first-class mail or by email. Notices sent by first-class mail are effective on the fifth day after mailing. Notices sent by email are effective the next business day after they are sent. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.