EDUCATEVIRTUALLY.COM TERMS OF USE

THIS IS A CONTRACT. PLEASE CAREFULLY READ THE FOLLOWING TERMS BEFORE ACCESSING THIS SITE AND THE EDUCATE VIRTUALLY CATALOG OF COURSES.

This World Wide Web Site and all functions, facilities, content and services related thereto are operated and maintained by Process Predictability Management, Inc. (“PPM”), a sub-chapter S Corporation organized under the laws of the State of Florida, at the URL: http://educatevirtually.com/ (collectively, the “Site”). The Site is for use solely by individuals and employees of approved companies who are authorized by PPM to use it. By accepting these Terms and Conditions of Use and/or visiting or using the Site, you agree to be bound by all of the terms and conditions contained herein (the “Terms”). If you do not wish to be bound by these Terms, you are not authorized to use the Site. By using PPM’s Educate Virtually Catalog of Courseware, you agree that you have read, understand and agree to these terms. You also agree to review this agreement periodically to be aware of modifications to the agreement, which modifications, Process Predictability Management, Inc. may make at any time. Your continued use of this site will be deemed your conclusive acceptance of any modified agreement.

1. GRANT OF RIGHTS FOR A SINGLE USER SUBSCRIPTION

In the case of a SINGLE USER subscription plan, PPM grants you a SINGLE USER non-exclusive, non-transferable license to use all portions of the Site in strict accordance with these Terms and the features included in the subscription plan. This SINGLE USER license is for personal use only and may not be shared in any way. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use. These Terms do not grant you the right to use any PPM Educate Virtually trademark, service mark or logo for any purpose whatsoever or any intellectual property owned by PPM other than as expressly permitted by these Terms.

2. GRANT OF RIGHTS FOR A MULTI-USER CORPORATE SUBSCRIPTION

In the case of a MULTI USER CORPORATE subscription plan, PPM grants you or your organization a MULTI USER non-exclusive, non-transferable license to use all portions of the Site in strict accordance with these Terms and the features offered by the subscription plan. This MULTI USER CORPORATE license is for use by a specific number of users within your organization and may not be shared amongst employees beyond the scope of your MULTI USER CORPORATE agreement. You agree to notify us immediately of any unauthorized access to or use of your user name(s) or password(s) or any other breach of security. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use. These Terms do not grant you the right to use any PPM Educate Virtually trademark, service mark or logo for any purpose whatsoever or any intellectual property owned by PPM other than as expressly permitted by these Terms.

3. PERSONAL INFORMATION

You acknowledge and agree that PPM may use information about you which PPM obtains either directly from you or which it obtains by the nature of your use of the Site for any legitimate business purpose as outlined by our Privacy Policy.

4. PROPRIETARY MATERIALS

(a) The Site contains copyrighted material, trademarks, and other proprietary and confidential information of PPM and others (collectively “Proprietary Material”), including, but not limited to, video, text, software, photos, graphics, image, music, and sound. You agree not to modify, publish, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any Proprietary Material. Copyrighted materials may only be accessed through the Site, and not from any other unauthorized site.

(b) The entire Site is: Copyright 2014, EducateVirtually.com, Process Predictability Management, Inc.  All Rights Reserved. Complying with all applicable copyright laws is the responsibility of the user. Except as otherwise expressly permitted by these Terms, or as permitted under copyright law, no posting, copying, transmission, retransmission, distribution, redistribution, publication, republication, decompilation, disassembling, reverse engineering, or otherwise reproducing, storing, transmitting, modifying, or commercially exploiting any Proprietary Material in any form or by any means, for any purpose, is permitted without the express written permission of PPM.

(c) Educate Virtually SM and other PPM marks and logos are service marks and trademarks of Process Predictability Management, Inc. Other trademarks, service marks, and logos which may be used in the Site are the trademarks, service marks, or logos of their respective owners. Third party content and software required by or made available by or through this Site is the property of its respective owner and use is subject to the license or terms provided by such owner. Hypertext links may be provided only for your convenience and do not and should not be viewed as suggesting any association with or endorsement of or by such linked sites.

5. PROHIBITED CONDUCT

(a) Capture, download, save, upload, print or otherwise retain information and content available on the Site other than what is expressly allowed by the various subscription plans.

(b) Permit or provide others access to the Educate Virtually Catalog of Courseware using your user name and password or otherwise, or the name and password of another authorized user.

(c) Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the content available on the Site.

(d) Violate or attempt to violate the Site’s security mechanisms, or otherwise breach the security of the Site or corrupt the Site in any way. To ensure that users of the Site do not engage in Prohibited Conduct, PPM reserves the right to monitor use of the Site and reserves the right to revoke or deny access to users whose usage behavior exceeds normal limits, suggesting Prohibited Conduct. The term “normal limits” shall be determined solely by PPM.

(e) Use of any third party tools, scripts, or players to automate access to PPM’s content. The only allowed viewing mechanisms are the players published or advertised on the Site, and these may not be altered or enhanced in any way, including through the use of third party tools.

6. INDEMNIFICATION

(a) You agree to indemnify, defend, and hold harmless PPM and its directors, employees, licensors, independent contractors, providers, subsidiaries and affiliates (collectively, the “Affiliates”), from and against any and all liability and costs (including attorneys’ fees and costs) incurred by PPM and/or the Affiliates in connection with any claim arising out of any breach by you of any provision of these Terms.

(b) You agree to cooperate as fully as reasonably required in the defense of any such claims. PPM reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any claim without the written consent of PPM.

7. LIMITED WARRANTY

(a) THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY, ABSENCE OF ANY VIRUSES OR CONTENT OF ANY INFORMATION, SOFTWARE, OR MATERIAL PROVIDED BY OR THROUGH THE SITE, AND WITHOUT ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CURRENCY, CORRECTNESS, OR VALIDITY OF ANY INFORMATION, SOFTWARE, MATERIAL OR CONTENT PROVIDED BY OR THROUGH THE SITE RESTS WITH THE USER.

(b) PPM does not warrant that the content or functions of the Site will meet your requirements or that the operation of the Site will be uninterrupted or error free.

(c) PPM shall not be liable for any loss or injury arising out of or caused, in whole or in part, by any negligent acts or omissions in procuring, compiling, collecting, interpreting, reporting, communicating, or delivering information contained in the Site.

(d) PPM has no control over the content of World Wide Web sites that may be linked to the Site through hypertext links (“Linked Sites”), and is not responsible for their content, software, or privacy practices. The Linked Sites are provided for your convenience only and you access them at your own risk.

8. LIMITATIONS ON LIABILITY AND REMEDIES

(a) PPM IS NOT AND SHALL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING FROM THE USE OR INABILITY TO USE THE SITE. THIS DISCLAIMER OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

(b) In no event shall PPM be liable for any indirect, special, incidental, punitive, or consequential damages, including lost profits, arising out of the use or performance of the Site, even if PPM has been advised of the possibility of such damages.

9. TERMINATION

PPM may terminate the right of any user to access the Site at any time, with or without cause, in PPM’s absolute discretion and without notice. The recital in this Agreement of specific grounds for termination of a user’s right to access the Site shall in no manner whatsoever limit PPM’s absolute right to terminate any user’s access to the Site under this paragraph.

10. MODIFICATION OF AGREEMENT OR SERVICE

(a) PPM has the right to modify these Terms in any manner and at any time, without notice or liability. Any modification is effective immediately upon posting on the Site. Your continued use of the Site following any modification of these Terms means you accept and agree to such modification(s). You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of PPM in providing the Site, is to cease use of the Site.

(b) PPM may at any time, without notice or liability, change or eliminate any content or feature of the Site, or restrict the use of any portion of the Site, including limiting the time of its availability, the amount of use permitted, or the persons who are permitted to use it. Your only right with respect to any dissatisfaction with any service related change or elimination is to cease use of the Web Site. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any reason.

11. FEES, REFUNDS & CANCELLATIONS

(a) Fees and Renewals

  1. Monthly subscriptions automatically renew on or near the same day of each month unless disabled by the Subscriber.
  2. Annual subscriptions do not automatically renew unless enabled by the Subscriber.
  3. PPM may increase subscription fees for subsequent periods at any time and for any reason.
  4. If a subscriber has been migrated to a PPM subscription from a third-party service acquired by PPM and such subscriber had automatic renewal with such third-party service, then the subscriber’s subscription with PPM will automatically renew at the then-current PPM subscription rate unless affirmatively disabled by the subscriber.

(b) Refunds

All subscriptions are non-refundable. However, exceptions for extenuating circumstances will be considered. Send email to Customer Support support@EducateVirtually.com.

(c) Cancellations

Disabling auto renewal will cause us to stop automatically charging your credit card at the end of each subscription term. You will still be able to use your subscription until the end of the current subscription term. Disabling auto renewal does not refund your money, as subscriptions are non-refundable.

  1. If you are dissatisfied for any reason with your subscription, your sole right and exclusive remedy is to terminate your subscription. No refund of all or any portion of your subscription fee will be given.
  2. PPM may terminate the subscription and these Terms if unable to renew the subscription based on inaccurate or outdated credit card information.
  3. Access to the Site under these Terms is granted only upon payment of the subscription fees.

12. GENERAL

(a) Failure by PPM to enforce any provision(s) of these Terms shall not be construed as a waiver of any provision or right.
(b) These Terms, and all other aspects of your use of the Site, shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws rules. No action of any kind or nature arising out of these Terms, or out of any use of the Site, may be brought by either PPM or you more than one year after the date on which the cause of action first arises. You agree to submit to the exclusive jurisdiction of, the state and federal courts sitting in Collier County, State of Florida, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce any claim arising under these Terms, the prevailing party will be entitled to costs and attorneys’ fees.
(c) These Terms constitute the entire agreement between you and PPM with respect to the Site and supersedes all prior agreements or understandings between you and PPM with respect thereto. Updated August, 2014