Terms & Conditions
Last updated January 2020
The Course Participant License Agreement below applies to all products produced and distributed by Phil Pallen Collective, LLC. For additional information/comments please contact us at info@philpallen.co.
Course Participant License Agreement
PLEASE READ THIS COURSE PARTICIPANT LICENSE AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE USING ANY OF THE ONLINE TRAINING SERVICES OFFERED BY PHIL PALLEN COLLECTIVE, LLC. (“PPC”) DESCRIBED BELOW. BY ACCESSING, USING, OR SUBSCRIBING TO ANY PPC PROGRAM OR SERVICES (AS DEFINED BELOW) YOU ACKNOWLEDGE THAT YOU 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.
1. Online Training Services. Subject to the terms of this Agreement, PPC hereby grants to you a limited, non-transferable, royalty-free, and non-exclusive license to use the online training programs and software offered by PPC, including the Deep Dives program (collectively the “Software”), audiovisual content, and related materials (hereinafter the Software, content, and related materials shall be referred to as the “Services”) during the Term of this Agreement. Your use of the Services shall be strictly in accordance with this Agreement and any related terms of use. You are responsible for providing and maintaining all computer equipment and software and telecommunications services necessary to access the Services. Nothing in this Agreement grants or transfers to you or to any third party any ownership rights in the Services, including the software and other intellectual property rights related to the Services. Except as specifically set forth in this Agreement, PPC owns and retains all right, title, and interest in the Services and any and all related materials.
2. Payment. For access to and use of the Services, you agree to pay the amounts set forth in PPC’s Fee Schedule for the selected program for which you are purchasing a license. You hereby acknowledge and agree that the fee for the selected program is payable in advance for each license purchased upon acceptance of this Agreement and will be charged whether you use the Services or not. You are responsible for any taxes, including personal property taxes or sales taxes, resulting from your use of the Services. 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.
3. Restrictions On Use. All pages within this Website and any material made available for download (collectively the Website”) are the property of PPC and/or its affiliates. The Website is protected by federal and international copyright and trademark laws and no portion of the materials on these pages may be reprinted, republished, modified, or distributed in any form without the express prior written permission of PPC. Access to the Website is for your own personal use and may not be shared with any third party. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable restrictions. Any rights not expressly granted by this Agreement or any applicable notice in Service related materials are reserved by PPC.
4. Website Availability. With certain limitations, PPC’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 PPC or which are not reasonably foreseeable by PPC, including, but not limited to, interruption or failure of telecommunication or digital transmission links and Internet slow-downs or failures.
5. Modifications and Changes to Services and/or Website. The software, content, availability and access and all other features, attributes or aspects of the Services and Website are subject to change, modification, additions or deletions at any time without notice in PPC’s sole discretion.
6. Links or Pointers to Other Sites; User Generate Content. PPC makes no representations whatsoever about any other website that you may access though this Website. When you access a non-PPC Website, you understand that it is independent from PPC and PPC has no control over the content on that website. In addition, a hyperlink to a non-PPC website does not mean that PPC 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. In addition, certain programs may include capabilities and opportunities to interact with other course participants and to share user-generated content. PPC makes no representations whatsoever about any user-generated content.
7. Your Responsibilities. You agree to comply with our Terms of Use and all applicable laws and regulations, including, but not limited to, those related to pornography, obscenity, copyright, trademark, other intellectual property rights, data privacy, international communications, import and export regulations and tax laws and regulations. You agree to notify PPC promptly if you suspect unauthorized use of your account. Until you notify PPC, you remain solely responsible for such unauthorized use and any damages that may result therefrom. You further agree to notify PPC immediately in the event you become subject to any lawful order or process that would prohibit or limit your use of the Service. As a condition of your use of this Website, you warrant to PPC that you will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions.
8. Prohibited Activities. You may not modify, reverse engineer, or decompile the Software or Services or create derivative works based on the Software or Services. You may not distribute, rent, lease, sell, license, or otherwise transfer rights in the Services to any other person or entity or make any other commercial use of the Services. Except for downloading of project files, which is authorized, you may not save the Software to your computer or any other storage medium. You may not violate any security or corrupt the Website in any way.
9. Disclaimer of Warranties. THE SERVICES ARE PROVIDED AS-IS, WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. PPC 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. PPC 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. PPC 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 PPC 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. PPC IS NOT RESPONSIBLE FOR TRANSMISSION ERRORS OR CORRUPTION OR SECURITY OF INFORMATION CARRIED OVER TELECOMMUNICATION LINES. NO WARRANTIES OR GUARANTEES OF SUCCESS OR FINANCIAL RETURN FROM USING THE SERVICES ARE PROVIDED BY PPC.
10. Limitation of Liability. IN NO EVENT SHALL PPC 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 WITH TO THIS AGREEMENT OR THE SERVICES, OR FOR ANY CLAIM BY ANY THIRD PARTY (INCLUDING FOR INTELLECTUAL PROPERTY INFRINGEMENT), EVEN IF PPC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF PPC 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 PPC IN THE THREE MONTHS PRIOR TO THE EVENT CAUSING LIABILITY.
11. Exclusive Remedy. Your sole right and exclusive remedy for breach of this Agreement by PPC if you are dissatisfied for any reason with the Services is to terminate this Agreement as provided in this Agreement.
12. Term and Termination. The term of this Agreement shall commence: (i) For purchases purchased via web or phone, the term begins at time of purchase; (ii) For subscriptions purchased via activation code, including, via promotion, affiliates or resellers, the term begins upon activation of the participant account or thirty (30) days from the date of purchase, whichever occurs first. Subscriptions and access to the Services shall continue for the length of the selected program. Subscriber may terminate this Agreement upon PPC’s failure to cure an ongoing, material breach of this Agreement within thirty (30) days after giving PPC written notice of such material breach. PPC may at any time and without advance notice modify or restrict your use of the Services, or terminate this Agreement if PPC determines, in its reasonable discretion, that your use of the Services: (i) violates PPC’s Terms of Use; (ii) violates any laws, regulations, court orders, or other governmental request or order which requires immediate action; (iii) violates any intellectual property rights of PPC or a third party; (iv) violates any export or import regulations; (v) is disruptive or causes a malfunction of the Services; (vi) may expose PPC to potential legal liability; or (vii) if you fail to timely pay any amounts required under this Agreement.
13. Rights and Duties Upon Termination. Upon termination of this Agreement, all rights to the Services terminate immediately and you must remove any PPC software or 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 PPC’s prior written approval. PPC may delete any data files associated with your use of the Services upon termination of this Agreement.
14. Use of Free Tutorials. If you elect to use the Services as a guest by using one or more of the trial offers or free tutorials that may be offered from time to time on PPC’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.
15. Choice of Law, Venue and Jurisdiction. This Agreement is 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 this Agreement submits to the exclusive jurisdiction and venue of the state and federal courts sitting in the County of San Diego in the State of California, 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.
16. Copyright Licenses. Your license and right to access the Services is a limited non-exclusive, non-transferrable right and license that is personal to you alone. At the end of the selected program or upon any termination or expiration of this Agreement, all licenses granted hereunder are terminated and you no longer have the right to access or use any Services. By uploading any user-generated content via the Services or email or other means, you grant PPC a non-exclusive license to display, copy, transmit, distribute, and create derivative works based on the user-generated content you upload or otherwise share with PPC or other course participants.
17. General Terms. Your rights and obligations under this Agreement may not be assigned or transferred without the written permission of PPC 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 PPC may be given by conventional first-class mail, commercial carrier, 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 AND ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS AND THE TERMS AND CONDITIONS OF THE USE POLICY, YOU MAY CHOOSE NOT TO BECOME A USER OF THE SERVICES.