1.1 Welcome to The Protocol Institute. We hope that you enjoy your learning experience and thank you for your business. These Terms and Conditions of Use (the "Agreement") govern your use of the Internet-based learning service operated by The Protocol Institute ("Service"). The Service consists of computing and information services and software, information, interactive forums and other content provided by The Protocol Institute, its affiliates and its third party licensors.
1.2 Your participation in the Service is conditioned upon your acceptance of this Agreement. Please carefully read this Agreement and indicate your acceptance by using the Service to purchase a course. The Protocol Institute reserves the right, in its discretion, to change all or any part of this Agreement at any time. Such changes shall be effective immediately upon publication of the modified Agreement on the Service. Your continued use of the Service following any changes constitutes your binding acceptance of these terms and conditions including any such changes.
If at any time any part of this Agreement is no longer acceptable to you, you should immediately terminate your use of this Service. The Protocol Institute is not obligated to refund any portion of fees paid or to forgive any fees that remain payable, but it may consider requests for a refund or forgiveness of fees, as applicable, in its sole and absolute discretion.
This Agreement is the entire agreement relating to its subject matter between you and The Protocol Institute, and it supercedes any prior proposal, representation or understanding between the parties, unless expressed in a formal contract, which will be interpreted in a manner consistent with this Agreement.
2. Grant of License:
The Protocol Institute grants you, as a registered subscriber, the right, with a standard web browsing program not supplied by The Protocol Institute ("Browser") to use the Service and the information, software, photographs, audio and video clips, graphics and other material contained on the Service (collectively, the "Content") solely for your own individual (non-commercial) use on one personal computer or other device capable of displaying the Content. You may not share your access nor distribute any Content from the Service to others without the prior written permission of The Protocol Institute. You will be given a period of six months from the date of purchase to view the specific course purchased.
3. Use of Service Content:
3.1 You acknowledge that the Service and all Content are protected by copyright, trademark, (see by copyright, Trademarks and Copyrights or other proprietary rights of The Protocol Institute, its affiliates or third party licensors. You agree to comply with any additional copyright notices, information, or restrictions applicable to any Content available on or accessed through the Service.
3.2 You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit, any of the Content, in whole or in part, except as expressly permitted in this Agreement. Content consisting of or containing downloadable software may not be reverse engineered unless specifically authorized by its proprietor.
3.3 You shall not store electronically any portion of any Content, except as may be temporarily stored by your Browser in its ordinary operation. Except as may be expressly permitted by U.S. copyright laws, no copying, storage, redistribution or publication of any Content is permitted without the express prior written permission of the owners of such Content.
3.4 You grant to The Protocol Institute the right to edit, copy, publish, distribute, translate and otherwise use any Content that you place on the Service, in any medium. You represent and warrant that you are authorized to grant all rights set forth in the preceding sentence.
4. Service Rules of Conduct:
You may use the community forum feature of the Service for lawful purposes only. You may not upload to, or distribute or otherwise publish through the Service, any material which (a) is libelous, defamatory, obscene, pornographic, abusive, harassing or threatening, or otherwise objectionable to The Protocol Institute in its sole and absolute discretion, (b) contains viruses or other contaminating or destructive features, (c) violates the rights of others, such as by infringing any copyright, trademark, patent, or trade secret or violating any right of privacy or publicity, or (d) otherwise violates any applicable law. You may not use the Service for any commercial purpose , including advertising or solicitation of funds or goods and services. In addition, you may not use the Service to solicit subscribers to join other online information services that are competitive with the Service.
5. Managing Content:
The Protocol Institute does not and cannot review material submitted to the Service by subscribers ("Subscribers' Content") and is not responsible for such Subscribers' Content. However, The Protocol Institute reserves the right to cancel your access to these areas and/or delete, move, modify, or edit any Subscribers' Content, including messages posted in any forum, that it may determine, in its sole discretion, violates this Agreement. You are and shall remain solely responsible for all Subscribers' Content posted by you or by any other person using your account.
6. No Endorsement:
6.1 The Protocol Institute does not represent or endorse the accuracy or reliability of any Subscribers' Content displayed, uploaded, posted on any message board, or otherwise distributed through the Service. The Protocol Institute expressly disclaims any liability related to Subscribers' Content, and you acknowledge that any reliance by you upon such Subscriber Content shall be at your sole risk.
6.2 The Service may contain links to sites on the Internet that are owned and operated by third parties (the "External Sites"). You acknowledge that The Protocol Institute is not responsible for the availability of, or the content located on or through, any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or External Sites.
7. Subscriber Qualifications:
7.1 As part of the registration process, you will be given a user id and password. You must provide accurate, complete, and current registration information and you agree to provide The Protocol Institute with any updates to that information promptly after such changes occur.
7.2 Subscriptions to the Service are available only to persons who are at least 18 years of age. Your right to use the Service is personal to you and cannot be transferred to any other person. Parents or guardians of individuals taking the courses under the age of 18 years of age with be held responsible for all actions.
7.3 You are responsible for all use of your account under any password by any person, whether or not authorized by you, and for ensuring that all use of your account complies with this Agreement.
7.4 You shall be responsible for obtaining communication services, computer equipment and other products or services necessary to access and use the Service. You shall be responsible for all charges associated with accessing and maintaining a connection to the Service including, but not limited to, charges imposed by an Internet service provider, or your local telephone company.
8. Subscriber Information, Privacy:Your participation in the Service is subject to our Privacy Policy.
9. Indemnity:
You hereby agree to indemnify, defend and hold The Protocol Institute, and all of its officers, directors, employees, owners, agents, information providers, affiliates and licensors (collectively, " Representatives") harmless from and against any and all liability, losses, costs and expenses (including attorneys' fees) incurred by The Protocol Institute or any Representative in connection with any claim arising out of any use or alleged use of your account or password by any person, whether or not authorized by you. The Protocol Institute reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with The Protocol Institute’s defense of such claim.
10. Termination of Service:
10.1 The Protocol Institute reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Service at any time for any reason without prior notice or liability and without any obligation to refund any portion of fees paid.
10.2 The Protocol Institute may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any Service feature, database, or content, without prior notice or liability.
11. Disclaimer of Warrantees; Limitation of Liability:
11.1 THE SERVICE AND THE CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. NONE OF THE PROTOCOL INSTITUTE, THIRD PARTY CONTENT PROVIDERS OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU. NEITHER THE PROTOCOL INSTITUTE NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DOES THE PROTOCOL INSTITUTE, ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE OR THE CONTENT.
11.2 NEITHER THE PROTOCOL INSTITUTE, ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.3 SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE PROTOCOL INSTITUTE, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
12. Third Party Rights:
Each such party will have the right to enforce such provisions directly on its own behalf.
13. Miscellaneous:
This Agreement shall be construed in accordance with the laws of the State of California, and the parties irrevocably consent to bring any action to enforce this Agreement in the federal or state courts located in California. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. This Agreement may not be amended except in writing signed by both parties and no waiver by either party shall be deemed a waiver of any preceding or subsequent breach or default.
