Agreement for Courses, Workshops and Educational Material
Agreement for Courses, Workshops and Educational Material
Part 1- General Terms
This Agreement for Courses, Workshops and Education Materials applies to 1) enrollment and attendance at an in-person or virtual Course or Workshop offered by Pryme Growth Academy LLC (“PGA”), 2) ordering and use of a self study Course provided via media online, 3) the provision and use of an Education Material as part of a Course, and 4) the provision of other education or training services by PGA; collectively the Services. Occasionally, offerings have additional or different terms (Other Terms). If so, PGA will provide those Other Terms to you.
This Agreement for Courses, Workshops and Education Materials, Other Terms (if any), any applicable license agreement and an enrollment confirmation letter are the complete agreement between us regarding the Services that PGA provides (the Agreement) and replace any prior oral or written communications between us.
You accept this Agreement for Courses, Workshops and Education Materials by ordering or receiving a Service, including ordering a Course and Education Material, attending a class or workshop, or using any PGA provided Education Material including accessing a Course online.
Course means an education service available from PGA. A course may be provided by instructors presenting Education Material in-person (a class or workshop) and or by self study of Education Material online via a website or via any other media.
Education Materials are literary works or other works of authorship including documentation, manuals, machine readable instructions, components, data, audio-visual content (such as images, text, recordings, or pictures), and related licensed materials. Education Material is owned by Pryme Growth Academy LLC, and is copyrighted and licensed, not sold. All whole or partial copies of Education Material shall be subject to the same terms as the original copy.
1.0 Courses and Education Material
Available Courses, Workshops and Education Materials are listed on the PGA website (www.prymeacademy.com) which PGA publishes from time to time. PGA may add or withdraw Courses, Workshops and Education Materials at any time without notice.
A private or one company Course or Workshop is a Course or Workshop provided by PGA to a single customer. For private Courses or Workshops, PGA will agree with you in writing the dates, premises, and the number of students.
2.0 Scheduling of Classes
PGA specifies the dates of courses and workshops on PGA’s website. Private classes will be scheduled by mutual agreement. PGA may cancel or defer any scheduled class or workshop on notice. If PGA cancels a class for which you have prepaid, PGA will refund the price you paid to PGA. PGA will not be responsible for any loss incurred by you, e.g. travel expenses, as a result of PGA's cancellation or deferral of a class.
3.0 Prerequisites and Assessments
PGA provides Course and Workshop descriptions, which include Course or Workshop objectives and student prerequisites. It is the responsibility of the student who attends the PGA Course or Workshop to ensure that he/she meets the stated prerequisites. PGA provides no written assessment of student performance on a Course or Workshop and assumes no responsibility for any student performance after Course or Workshop attendance.
4.0 Proof of Entitlement
An enrollment confirmation email received from PGA is evidence of your Proof of Entitlement to a Course or Workshop, your authorization to use PGA provided Education Material and of your eligibility for warranty services on Education Materials. For online Courses or Workshops, the enrollment confirmation email specifies any necessary user-ids and passwords and defines applicable period during which you are authorized to access the Course or Workshop (period of activation).
5.0 Prices and Payment
The PGA prices listed on the PGA website are subject to change. Any price increase will be announced at least thirty (30) days before its effective date.
Prices for self study courses will be those in effect on the date PGA receives your order. Prices include delivery and licensing of the Education Material. You are responsible for all costs related to accessing the Education Material either on your own machines or via connections to PGA’s websites.
Prices for classes and workshops will be those in effect on the date the class begins. Prices include the use of required Education Materials.
Prices for private classes will be established based on your requirements. Additional charges may apply, such as instructor travel, accommodation and living expenses, facilities, and remote support. Prices do not include taxes nor student travel, accommodation and living expenses.
Payment
Payment must be made directly through the PGA website. All major credit cards are accepted. You represent and warrant that (a) the credit card information you supply to us is true, correct and complete, (b) charges incurred by you will be honored by your credit card company, and (c) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
All payments must be in United States dollars. Current billing address and phone information must be included with every order. You agree to pay interest on all past-due sums at the highest rate allowed by law. We retain a security interest in the products and all proceeds thereof until the full purchase price therefore (including taxes and additional charges) has been paid.
6.0 Cancellation by You
You can cancel self study Courses within thirty (30) days of confirmation of enrollment. You may cancel your participation in a workshop not less than 30 minutes prior to the scheduled start time of the workshop by notifying PGA by e-mail.You may cancel or postpone a private class not less than 10 full working days prior to the scheduled start date of the class by notifying PGA by e-mail. If you fail to cancel or postpone prior to this notification period, or you fail to attend or withdraw from the Course, you will be responsible for the full price of the class and any associated additional costs incurred by PGA.
PGA may charge actual costs incurred, including travel and living expenses, if you cancel a private class less than four weeks before its scheduled start date.
7.0 License
PGA grants you a nonexclusive non-transferable license to use the provided Education Material. You may make one printed copy of the Education Material for his own use to support the level of use authorized, providing the copyright notice and any other legends of ownership are reproduced on each copy of the Education Material.
You may not 1) use, copy, modify, create derivative works or distribute the Education Material except as provided herein; 2) reverse assemble, reverse compile, or otherwise translate the Education Material except as specifically permitted by law without the possibility of contractual waiver; or 3) sublicense, rent, or lease the Education Material.
License agreements provided with Education Material, or separately notified by PGA, will take precedence over the license terms in this section 7.0.
8.0 Warranty
PGA warrants that it performs Service using reasonable care and skill.
If PGA Education Material does not function as warranted during its warranty period and PGA is unable to either 1) make it do so, or 2) replace it with one that is at least functionally equivalent, then you may return it to PGA and your money will be refunded. The warranty period for Education Material expires upon completion of the Course or Workshop or upon expiry of the period of activation or 30 days after receipt of the Education Material if no period of activation is defined.
The warranties stated above will not apply to the extent that there has been misuse, accident, modification, unsuitable physical or operating environment, operation in other than the specified operating environment, improper maintenance by you, or failure caused by a product for which PGA is not responsible.
ALL PGA PRODUCTS AND SERVICES 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 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 PRYME GROWTH ACADEMY LLC OR ITS PARENT, SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, SHAREHOLDERS, EMPLOYEES, OR OFFICERS (COLLECTIVELY, PGA'S "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 PGA'S 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. NO EMPLOYEE OR REPRESENTATIVE OF PRYME GROWTH ACADEMY LLC IS AUTHORIZED TO MODIFY THIS LIMITATION.
PGA'S SOLE AND ENTIRE MAXIMUM LIABILITY (AND THE LIABILITY OF ANY OF THE PROVIDERS OF PRODUCTS AND SERVICES AVAILABLE ON PGA'S 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 PGA'S SITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS AND SERVICES.
PGA does not warrant uninterrupted or error-free operation of Services, Courses,Workshops or Education Material or that PGA will correct all defects. Unless PGA specifies otherwise, and to the maximum extent permissible under applicable law, PGA provides non-PGA Education Materials and non-PGA Services WITHOUT WARRANTIES OF ANY KIND.
You are responsible for the results obtained from the use of any Service, Course, Workshop or Education Material.
9.0 Patents and Copyrights
If a third party claims that the Service, Course, Workshop or Education Material PGA provides to you infringe that party's patent or copyright, PGA will defend you against that claim at its expense and pay all costs, damages, and attorney's fees that a court finally awards or that are included in a settlement approved by PGA, provided that you; 1. promptly notify PGA in writing of the claim; and 2. allow PGA to control, and cooperate with PGA in, the defense and any related settlement negotiations. If such a claim is made or appears likely to be made, you agree to permit PGA to enable you to continue to use the Education Materials, or to modify or replace them. If PGA determines that none of these alternatives is reasonably available, you agree to return the Education Materials to PGA on PGA’s written request. PGA will then give you an appropriate credit for the returned materials.
This is PGA’s entire obligation to you regarding any claim of infringement.
PGA has no obligation regarding any claim based on your modification of Education Materials.
10.0 Limitation of Liability
Circumstances may arise where, because of a default on PGA’s part or other liability, you are entitled to recover damages from PGA. In each such instance, regardless of the basis on which you are entitled to claim damages from PGA (including fundamental breach, negligence, misrepresentation, or other contract or tort claim), except as expressly required by law without the possibility of contractual waiver or limitation, PGA is liable for no more than:
a. payments referred to in the Patents and Copyrights section above;
b. the charges (if recurring, 12 months' charges apply) for the Service or the Education Material that is the subject of the claim.
This limit also applies to any of PGA’s subcontractors, suppliers, resellers and program developers. It is the maximum for which PGA and its subcontractors, suppliers, resellers and program developers are collectively responsible.
Items for Which We are Not Liable
Except as expressly required by law without the possibility of contractual waiver or limitation, under no circumstances is PGA, its subcontractors, suppliers, resellers or program developers liable for any of the following even if informed of their possibility:
a. loss of, or damage to, data;
b. special, incidental, or indirect damages or for any economic consequential damages; or c. lost profits, business, revenue, goodwill, or anticipated savings.
11.0 Changes to this Agreement
PGA may modify these terms on written notice. The modified terms will apply to your enrollment or order unless you cancel such enrollment or order prior to the effective date of the modified terms. Otherwise, for a change to be valid, both of us must sign it. Additional or different terms in any order or communication from you are void.
12.0 PGA Business Partners
PGA has signed agreements with certain organizations (called "PGA Business Partners") to promote, market, and support certain products and services. When you order PGA Services (marketed to you by PGA Business Partners) under this Agreement, PGA confirms that it is responsible for providing the Services to you under the warranties and other terms of this Agreement. PGA is not responsible for 1) the actions of PGA Business Partners, 2) any additional obligations they have to you, or 3) any products or services that they supply to you under their agreements.
13.0 Governing Law
Both you and PGA agree that the statutes and laws of the State of Texas, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of PGA’s and the purchase of PGA’s products and services.
Nothing in this Agreement affects any statutory rights of consumers that cannot be waived or limited by contract.
14.0 Jurisdiction
Both you and PGA agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of Bexar County and the United States District Court for the the Western District of Texas.
15.0 General
a. You agree not to copy PGA copyrighted material without PGA’s prior written consent.
b. You agree not to use recording equipment in PGA classes or workshops without PGA’s prior written consent. c. You agree not to use PGA trademarks, trade names, or other designations in any promotion or publication without PGA’s prior written consent.
d. You agree not to assign, or otherwise transfer your rights under this Agreement without PGA’s prior written consent. Any attempt to do so is void. PGA is permitted to assign its rights to payments under this Agreement without obtaining your consent. It is not considered an assignment for PGA to divest a portion of its business in a manner that similarly affects all of its customers.
e. Neither of us is responsible for failure to fulfill any obligations due to causes beyond its control. f. You agree that this Agreement will not create any right or cause of action for any third party, nor will PGA be responsible for any third party claims against you except as described in the Patents and Copyrights section above or as permitted by the Limitation of Liability section above for bodily injury (including death) or damage to real or tangible personal property for which PGA is legally liable to that third party.
g. Any terms of this Agreement, which by their nature extend beyond its termination, remain in effect until fulfilled, and apply to respective successors and assignees.
h. Services, Courses, Workshop and Education Material will be delivered in the country of purchase. Certain Courses, Workshops and Education Materials may not be available in your country.
i. You agree to allow PGA and its subsidiaries to store and use your business contact information, including names, business phone numbers, and business e-mail addresses, anywhere they do business. Such information will be processed and used in connection with our business relationship, and may be provided to contractors acting on PGA’s behalf, Business Partners who promote, market, and support certain PGA products and services, and assignees of PGA and its subsidiaries for uses consistent with our business relationship.
j. You agree to grant to PGA and its authorized representatives permission to record on photography film and/or video, pictures of your participation in any course, class or workshop. You further agree that any or all of the material photographed may be used, in any form, as part of any future publications, brochure, or other printed materials used to promote PGA, and further that such use shall be without payment of fees, royalties, special credit or other compensation.
k. Each of us will comply with all applicable laws and regulations (such as those governing export control and import).
