Terms and Conditions
These Terms & Conditions (Public Courses) (“Terms”) set forth the basis upon which Pragmatic Marketing, LLC (“Pragmatic”) will provide public training course(s) (“Training” or “Course”) to customer (“Customer”). Pragmatic and Customer are each a “Party” and, collectively, are the “Parties.”
- ORDERING & PAYMENT. These Terms supersede all prior negotiations and agreements by the Parties, both oral and written, related to the Training. By paying the invoice associated with these Terms or making an online purchase, Customer agrees that any terms and conditions in its purchase order and/ or other ordering document(s) shall be of no force or effect. All payments must be in a form acceptable to Pragmatic, must be received prior to the Course, by a date determined by Pragmatic, and must be paid in US Dollars. Registration is confirmed only upon receipt of full payment.
- GOOD CONDUCT. Pragmatic reserves the right to refuse Training to any Customer, who, as determined by Pragmatic, has displayed unreasonable behavior or is deemed to be violent, abusive or In such cases, no refund or cancellation fee will be paid.
- INTELLECTUAL PROPERTY. Ownership of all copyright and other intellectual property rights in the Course material (including, but not limited to, any templates, documentation, data, technical information and know-how provided to Customer as part of the Training) and other materials available to Pragmatic alumni online (collectively, “Course Materials”) remains vested solely in Pragmatic. All such information shall be held in confidence and may not be sold, licensed, disclosed or copied to third parties (e.g., anyone outside of Customer’s company) without the prior express written permission of Pragmatic. Except as expressly stated in Section 4, below, nothing in these Terms shall be construed as granting or creating any right, title, or interest in, to, or under Pragmatic intellectual property, including, but not limited to, the Course
- RESTRICTIONS ON USE. Customer may use the Course Materials for Customer’s internal purposes only. Customer may only reproduce Pragmatic templates for, and distribute such reproductions among, Customer’s employees and in connection with Customer’s internal development of its own products and services. The uses stated in the first two sentences of this Section are authorized uses of the Course Materials and Pragmatic templates. Customer covenants not to use or reverse engineer any Pragmatic intellectual property, including, but not limited to, the Course Materials, to provide consulting or training services. The Course and the Course Materials are not for “training the ”
- NO AUDIO OR VIDEO RECORDING. Customer shall not engage in or permit any audio or video recording or teleconferencing of the Course, or any unauthorized copying, downloading, distribution or use of Pragmatic’s intellectual property or confidential information, including, but not limited to, the Course
- GOVERNING LAW & VENUE: The laws of the State of Arizona shall govern these Terms without regard to Arizona’s choice of law rules. Venue for any action will be in the Maricopa County Superior Court of the state of
- NO WARRANTY. Except as expressly represented otherwise, and to the extent not prohibited by law, all Training (including, but not limited to, any documentation, publications, software programs or code, and other information provided by or on behalf of Pragmatic or its suppliers to Customer) is furnished on an "AS-IS" basis, without warranty of any kind, whether express, implied, statutory or otherwise especially as to quality, reliability, timeliness, usefulness, sufficiency and accuracy. ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF CONDITION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED BY PRAGMATIC AND ITS SUPPLIERS. NO ORAL OR WRITTEN INFORMATION PROVIDED BY PRAGMATIC SHALL CREATE A WARRANTY UNLESS EXPRESSLY INCORPORATED INTO THESE
- LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, PRAGMATIC AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR OTHER INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS) ARISING FROM THESE TERMS EVEN IF PRAGMATIC HAS KNOWLEDGE OF THE LIKELIHOOD OF SUCH DAMAGES. IN THE EVENT THAT PRAGMATIC SHALL FAIL TO PROVIDE TRAINING IN ACCORDANCE WITH THESE TERMS, PRAGMATIC'S ENTIRE LIABILITY AND CUSTOMER'S EXCLUSIVE REMEDY FOR BREACH OF THESE TERMS SHALL BE FOR PRAGMATIC TO USE ITS REASONABLE EFFORTS TO RE-PERFORM THE TRAINING WITHIN A REASONABLE PERIOD OF TIME; PROVIDED THAT, IN THE EVENT PRAGMATIC IS UNABLE TO RE-PERFORM, PRAGMATIC MAY ELECT TO REFUND ALL PAYMENTS ACTUALLY RECEIVED BY PRAGMATIC FROM CUSTOMER FOR THE TRAINING IN QUESTION, IN FULL SATISFACTION OF PRAGMATIC'S OBLIGATIONS. SUCH REFUND SHALL CONSTITUTE PRAGMATIC'S ENTIRE LIABILITY AND CUSTOMER'S EXCLUSIVE REMEDY FOR SUCH BREACH. IN NO EVENT SHALL THE AGGREGATE LIABILITY FOR DAMAGES OF PRAGMATIC, ITS EMPLOYEES OR AGENTS, ARISING FROM THESE TERMS, WHETHER BY CONTRACT OR TORT, EXCEED THE AMOUNTS CUSTOMER ACTUALLY PAID PRAGMATIC. TO THE EXTENT NOT PROHIBITED BY LAW, THE LIMITATIONS IN THIS SECTION SHALL APPLY TO PERSONAL INJURY AND
- CANCELLATION POLICY & SUBSTITUTES. Full refunds (minus a $25 registration fee) will be provided to Customers who cancel no earlier than 8 calendar days prior to the Course date. Customers cancelling or transferring to another Course between 1 to 7 calendar days prior to Course date will not be eligible for a full refund. However, these Customers will have an opportunity to attend another Course within 12 months of the original Course date for a fee of $150 per Course. Customers who fail to attend without providing notice will be charged the total fee of all Course days for which they have registered. Substitutes are permitted. A substitute is defined as one individual attending the entire duration of the consecutive Course days in lieu of the original Customer.
- Pragmatic shall not be liable for any Course delay or cancellation due to circumstances beyond its reasonable control, including, but not limited to, war, riot, insurrection, civil commotion, labor strikes or lockouts, shortages, factory or other labor conditions, fire, flood, earthquake or storm. If any provision of these Terms should be held to be unenforceable or invalid for any reason, such unenforceability or invalidity shall not affect the enforceability or validity of the remaining provisions, and the Parties will substitute for such provision an enforceable and valid provision that most closely approximates the intent and economic effect of the unenforceable or invalid provision. No modification to these Terms will be binding unless in writing and signed by an authorized representative of each Party. Pragmatic may use subcontractors to perform the Training.
- TAXES. Taxes related to all Training shall be the sole responsibility of Customer. Payments rendered from Customer to Pragmatic shall be made exclusive of any and all income tax, value-added tax, stamp tax, tariff, excise duties or other similar taxes. Customer agrees to pay, without notice or demand from Pragmatic, any and all sales, use, value-added, stamp tax or other similar taxes which may be assessed against Pragmatic by the applicable Customer taxing authority on any aspect of the Training contemplated under these Terms. Customer agrees to indemnify Pragmatic, its officers, directors, employees, or agents (“Pragmatic Indemnified Parties”) against any and all tax liability incurred by Pragmatic as a result of Customer’s failure to submit all applicable state, federal, local and foreign taxes. If Customer qualifies for a tax exemption, Customer is responsible for ensuring that the necessary tax documentation is submitted to Pragmatic in a timely and accurate manner, and that it complies with all applicable tax laws and
- OTHER. Pragmatic does not, and cannot, guarantee results of any kind from Services and/or Course Materials. Customer understands and acknowledges that the use of Services and/or Course Materials and implementation thereof within Customer’s organization is at Customer’s own discretion and risk. Pragmatic, its officers, employees, contractors or content providers shall not be liable for any loss or damage arising from or otherwise in connection with Customer’s use of Services and/or Course
THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE.