TERMS OF SERVICE:
The following terms and conditions govern all use of the https://pvlearning360.com and https://pvlearning360.thinkific.com websites and all content, services, and products available at or through the website.
1. General Conditions. By signing up for a PV Learning 360 online course or other service (“Service”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time here. Thinkific reserves the right to update and change the Terms of Service by posting updates and changes to the Thinkific website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
2. Access to the website. You are responsible for making all arrangements necessary for you to have access to the Website. We reserve the right to withdraw or amend the Website, and any service or material that we provide on the Website, in our sole discretion and without notice to you. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period.
3. Money-Back Guarantee. Buyers of online courses are entitled to a 30-day, 100% money-back guarantee. "Services," such as Personal Advisor, are ineligible for refunds under any circumstances. If for any reason you decide you would like a refund for a course purchased within the last 30 days, you may email us using at [email protected] and we will provide you a refund in full. Should you choose to request a refund, you will be removed from any courses, and will no longer have access to any of the materials contained within. PV Learning 360 will not pay interest on any amounts held. Should you be currently enrolled in an ongoing installment plan, your future payments may be canceled, resulting in revoked access to course materials. Failure to complete each one of the predetermined amounts of payments in the installment plan will result in revoked access to the entirety of the course materials. After the initial 30-day money-back guarantee window, all installment plan payments are final and non-refundable. No exceptions will be made. PV Learning 360 will provide refunds in US dollars only. Other currencies including cryptocurrencies such as Bitcoin are not currently supported by our refund policy.
4. Corrections, Suggestions, and Complaints. We welcome comments and suggestions, as well as complaints about errors, on the Website that warrant correction. Comments and suggestions, as well as complaints about errors, can be submitted via email to [email protected].
5. Intellectual Property. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by PV Learning 360. This Agreement does NOT transfer from PV Learning 360 to you any company or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with PV Learning 360. Your use of the Website grants you no right or license to reproduce or otherwise use any PV Learning 360 or third-party trademarks.
6. Changes. PV Learning 360 reserves the right, at its sole discretion, to modify or replace any part of this Agreement. Any changes are effective immediately upon posting to the Website. Your continued use of the Website constitutes your agreement to all such terms and conditions. PV Learning 360 may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
7. Termination. A breach or violation of any term in the Terms of Service as determined in the sole discretion of PV Learning 360 will result in an immediate termination of your services.
8. Disclaimer of Warranties. Your use of the website and training content is at your own risk. The website is provided on an “AS IS” and “AS AVAILABLE” basis, without any promises of any kind, either expressed or implied. Neither PV Learning 360 nor any person associated with the company make any promises, warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the website. Without limiting the foregoing, neither PV Learning 360 nor anyone associated with the company promises, represents or warrants that the website or items obtained through the website or any portion thereof will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that the website or the server that makes them available are free of viruses or other harmful components, or that the website or items obtained through the website will otherwise meet your needs or expectations. PV Learning 360 hereby disclaims all warranties of any kind, whether expressed or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for a particular purpose.
9. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY, ITS LICENSORS, AFFILIATES, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, LOSS OF DATA, OR LOSS OF PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM OUR WEBSITE. YOU WILL BE RESPONSIBLE FOR ALL CLAIMS AND DAMAGES RESULTING FROM THE MISUSE OF THE WEBSITE BY YOU.
10. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the PV Learning 360. Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
11. Indemnification. You agree to indemnify and hold harmless PV Learning 360, its employees and any affiliates or agents from and against any and all claims and expenses, including attorneys’ fees, medical expenses, or any other expenses, arising out of your use of the Website, including but not limited to out of your violation this Agreement.
12. Miscellaneous. This Agreement constitutes the entire agreement between PV Learning 360 and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of PV Learning 360, or by the posting by PV Learning 360 of a revised version. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the laws of arbitration of the state of Maryland. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; PV Learning 360 may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.