Pragmatic Marketing, L.L.C.
Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY CLICKING THE “I ACCEPT” BUTTON BELOW, YOU UNDERSTAND AND ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS. If you do not understand all of the terms set forth herein, please consult with an attorney before proceeding further, as this is a legally binding contract. Finally, if you do not agree to be bound by the terms and conditions outlined below, do not register and/or login as A USER on this site.
Terms and Conditions
INTELLECTUAL PROPERTY OWNERSHIP. Except for the limited license expressly granted to you below, Pragmatic Marketing, L.L.C. shall retain all right, title and interest in and to the content and material you have access to on the Pragmatic Marketing alumni website. All of Pragmatic Marketing’s intellectual property shall remain the sole property of Pragmatic Marketing. It shall be a violation of this Agreement if you remove any copyright or other proprietary rights notices from the associated materials.
ACCESS GRANT. Only alumni of Pragmatic Marketing courses are allowed access to the alumni website. By accepting these terms and conditions you are stating that you have personally attended a Pragmatic Marketing course. You also agree to not provide access or share your login credentials with any other individual.
LICENSE GRANT. On the Pragmatic Marketing alumni website you will have access to materials, including articles, templates and webinars (hereinafter “Online Materials”). The Online Materials shall remain the exclusive property of Pragmatic Marketing, as outlined above. However, as a Pragmatic Marketing course alumni, Pragmatic Marketing hereby grants to you a revocable, non-exclusive, non-transferable, royalty-free license to use the Online Materials internally throughout your company in connection with the development of the company’s products and services. You shall not use the Online Materials for any commercial purpose, including social media postings, etc., nor shall you use such the Online Materials to provide consulting or training services or any other manner that competes with Pragmatic Marketing. Additionally, you shall not sell, transfer, or otherwise give or provide the Online Materials to any third party.
RESTRICTIONS. You may not, and you may not permit others to, (a) disassemble, de-compile or otherwise derive source code from Pragmatic Marketing’s courses or the Online Materials; (b) reverse-engineer the course or Online Materials; (c) modify or prepare derivative works of the course or Online Materials; (d) make any copies of the Online Materials in whole or in part, in any format (i.e., print or electronic form), other than as permitted in the License above; (e) transfer, loan, rent or lease or otherwise distribute in any manner any part of the Online Materials to a third party; or (f) use the Online Materials in any manner that infringes the intellectual property or other rights of Pragmatic Marketing or another party.
OWNERSHIP. Except for the limited license expressly granted to you under this Agreement, Pragmatic Marketing shall retain all right, title and interest in and to the course and Online Materials, including any authorized copies, and all related Online Materials. It shall be a violation of this Agreement if you remove any copyright or other proprietary rights notices from the associated Online Materials.
REPRESENTATIONS OF LICENSEE. By agreeing to these Terms and Conditions, you represent and warrant that all information you supply during the registration process for the course is true, accurate, current and complete.
PRIVACY. When you visit this website, Pragmatic Marketing may collect a variety of technical data, including (but not limited to), your IP address, domain, and Web browser information. Additionally, when you complete your online registration we collect personal information, including (but not limited to) your name, title, company name, address, phone number, and e-mail address. Pragmatic Marketing does not sell or release this information or allow third parties to collect specific information about visitors to the website.
SECURITY. The www.PragmaticMarketing.com website uses an industry-standard encryption technology when receiving customer data exchanged with our website. Please keep in mind, however, that no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, we cannot guarantee the security of any information you transmit using our website or ISP Services, and you transmit such information at your own risk. Pragmatic Marketing further does not assume responsibility for use or disclosure of your information that are the result of unauthorized or illegal access to our systems.
RESERVATION OF RIGHTS. Pragmatic Marketing reserves the right, from time to time to amend these Terms and Conditions by posting such amended Terms and Conditions on the Pragmatic Marketing website referenced above, in which case, as part of the License granted to you above, you agree to be bound by the amended Terms and Conditions. In the event you do not agree to the amended Terms and Conditions, you may terminate your assent to these Terms and Conditions as outlined below. Upon such termination, the License granted you above shall immediately be revoked.
TERMINATION OF THESE TERMS AND CONDITIONS. If, at any time after your election to be bound by these Terms and Conditions, or the acceptance of the terms of any amended Terms and Conditions, you wish to terminate your assent to such Terms and Conditions, you may do so by providing notice of such termination to Pragmatic Marketing by electronic mail addressed to firstname.lastname@example.org. Pragmatic Marketing may revoke the License granted to you above, at any time, without notice to you, if you breach the terms of these Terms and Conditions. In the event of such termination by Pragmatic Marketing, you agree to indemnify and hold Pragmatic Marketing harmless from and against any claims arising out of the termination of these Terms and Conditions. Finally, in the event of such termination arising out of a breach of your obligations hereunder, you acknowledge and agree that Pragmatic Marketing may be irreparably damaged and, as a result, shall be entitled to seek injunctive relief, as well as any other relief, at law or in equity.
TRANSFERABILITY. The License outlined above is personal to you and is non-transferable. You may not assign, transfer or sublicense the License granted you herein or any of the rights arising therefrom, in whole or in part, whether by operation of law or otherwise, to any third party. Pragmatic Marketing may transfer or assign this Agreement, at its sole discretion.
DISCLAIMER OF WARRANTIES. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT PRAGMATIC MARKETING PROVIDES ALL COURSES AND ONLINE MATERIALS "AS IS", WITHOUT ANY GUARANTIES OR WARRANTIES THAT THE COURSE AND RELATED ONLINE MATERIALS ARE ERROR-FREE, AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR BY OPERATION OF LAW, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. Pragmatic Marketing shall not be obligated, accountable or liable to you or any third party for damages of any kind whatsoever, including, but not limited to, direct, indirect, special or consequential in connection with these Terms and Conditions, the termination of same, or of your access to, or use of, the Online Materials in whole or in part.
LIMITATION OF LIABILITY. IN NO EVENT SHALL PRAGMATIC MARKETING BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, ARISING OUT OF THE DELIVERY, PERFORMANCE, OR USE OF THE COURSE OR RELATED ONLINE MATERIALS, WHETHER INCURRED BY YOU OR ANY THIRD PARTY, EVEN IF PRAGMATIC MARKETING HAS BEEN ADVISED OR MAY OTHERWISE KNOW OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE AFORESAID, IF ANY LIABILITY IS IMPOSED ON PRAGMATIC MARKETING, PRAGMATIC MARKETING’S TOTAL LIABILITY TO YOU OR ANY THIRD PARTY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE COURSE.
GENERAL. (a) These Terms and Conditions are governed and shall be construed in accordance with the laws of the State of Arizona, excluding its choice of law rules, and you, by entering into this Agreement and availing yourself of the rights granted hereunder, submit to the jurisdiction of the State and Federal Courts located in Maricopa County, Arizona with regard to any dispute or controversy arising therefrom; (b) these Terms and Conditions constitute the entire agreement and supersedes any prior agreements or understandings, oral or written, between Pragmatic Marketing and you concerning these Terms and Conditions and the course and related Online Materials; (c) failure or delay in enforcing any right or provision of these Terms and Conditions shall not be deemed a waiver of such provision or right with respect to any subsequent breach or a continuance of an existing breach; (d) if any provision of these Terms and Conditions shall be held to be unenforceable, that provision will be enforced to the maximum extent possible, and the remaining provisions of these Terms and Conditions will remain in full force and effect; and (e) all of the terms contained herein that by their nature survive termination of these Terms and Conditions, including without limitation, all payment obligations, ownership, warranty disclaimers and limitations of liability, will continue in full force and effect after the termination of these Terms and Conditions.
YOUR RIGHT TO USE ANY ONLINE MATERIALS IS GOVERNED BY THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS AND CONDITIONS, AND YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS IS REQUIRED. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS THE ONLINE MATERIALS.