Terms and Conditions

TERMS OF USE

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PEARL MARKETING ACADEMY

Last Revised: March 28, 2019

1. Terms of Use/Service

The following terms and conditions (“TOS”) govern all use of the pearlmarketingacademy.com website (“Website”) and all content, services and products available at or through the Website (“Services”). The Website is owned and operated by Pearl Marketing & Design, LLC (“Pearl”). Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this site by Pearl.

Please read the TOS carefully before accessing our Website or using our Services. By accessing or using any part of the Website, you agree to become bound by the TOS. If you do not agree to all the TOS, then you may not access the Website or use any Services.

2. Your Pearl Marketing Academy Account

A member account (“Account”) is the area in our Website, which is accessible via a password and contains personal information regarding the user. If you create an Account on the Website, you are responsible for maintaining the security of your Account and are fully responsible for all activities that occur under the Account and any other actions taken in connection with the Account. You must immediately notify Pearl at website@pearlmarketing.com of any unauthorized uses of your Account or any other breaches of security. Pearl will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. Registration of a user requires the user to provide a valid e-mail address for the communication between Pearl and the user along with a valid name, amongst other information required pursuant to Section 3 below.

3. Content

The purpose of the Website is to provide online trainings to further individuals marketing knowledge.

a) Registration/Sign-Up

Users may register (“sign-up”) on-site. Upon signing-up, an Account is created for the user. Users who sign-up on-site are required to confirm their registration by clicking on an activation link which is sent to them via email.All active user accounts have the capability to download course material.

Users are required to provide part or all of the following information below, depending on the features or services they wish to access:

  • First and last name
  • Email address
  • Company name, size, industry, state and country
  • Job title, focus, and level
  • Purchasing authority
  • Work phone

Pearl Marketing reserves the right to reject any registration request at its sole discretion.

Once Pearl receives your registration application, it will create an Account for you on our Website and will e-mail you a link to activate your Account. Once you access the link, you will be asked to enter a password and accept these TOU.

Each Account is personal and non-transferable. Your rights and obligations to Pearl Marketing Academy are also non-transferable. You are fully responsible for all activities that occur under this Account and any other actions taken in connection with this Account. You must immediately notify Pearl at website@pearlmarketing.com regarding any unauthorized uses of your Account or any other breaches of security. Pearl will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

b) Accessing Content

To prevent fraud and abuse, users are limited to one active Account. Any additional Accounts that are created to circumvent guidelines, promote competitive advantages, or mislead the Pearl community shall be disabled. Mass Account creation may result in disabling of all the related Accounts.

Pearl shall have the right to terminate any Services offered to you, as well as your Account, and to remove any content posted on the Website at its sole discretion, without any compensation or recourse in the event that the relevant content is in breach of any of the provisions below.

  • Fraud / unlawful use: You may not use our Website for any unlawful purposes or to conduct illegal activities;
  • Targeted abuse: We do not tolerate users who engage in targeted abuse or harassment towards other users on our Website. This includes creating new multiple accounts;
  • Selling accounts: You may not buy or sell Pearl Accounts;
  • You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission.

Furthermore, when using our Website, you shall not:

  • take any action that imposes an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure;
  • interfere with the proper working of the Services we provide or any activities conducted on the Services;
  • attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services;
  • run any form of auto-responder or ‘spam’ on the Services;
  • use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website;
  • harvest or scrape any content from the Services;
  • otherwise take any action in violation of our guidelines and policies;
  • decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services, except to the limited extent applicable laws specifically prohibit such restriction;
  • modify, translate, or otherwise create derivative works of any part of the Services;
  • copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
  • act in such a way that the Services are damaged, interrupted or made less efficient;
  • manipulate or abuse the Services, or act in such a way that it creates an unreasonable strain on the Services.

4. Payment Information

We use a third-party payment processor (the “Payment Processor”) to bill users. The processing of payments shall be subject to the terms, conditions and privacy policies of the Payment Processor in addition to our TOS. We are not responsible for error or delays by the Payment Processor. By making a purchase, you agree to pay us, through the Payment Processor, all charges at the prices stated for the applicable purchase plan. You further authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. Τhe terms of your payment will depend on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. The Payment Processor may collect your credit card information as well as other personal information to process the payment.

Pearl Marketing does not collect nor store your credit card information.

Users are obligated to pay any taxes, charges and VAT in accordance with applicable legislation.

5. Refund Policy

Generally, online training course orders are NOT eligible for credit, refund, cancellation or transfer to another party. Refer to Refund Policy on the Website for all terms and conditions.

6. Disclaimer of Warranties/Limitation of Liability

The Website is provided “as is”. Pearl disclaims all warranties of any kind, express or implied, including without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary rights. To the fullest extent permitted by law, Pearl disclaims any warranties for viruses and other harmful components in connection with the Website.

PEARL DOES NOT GUARANTEE ANY RESULTS FROM USING THE SERVICES. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PEARL OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, PEARL, ITS SUBSIDIARIES, ITS LICENSORS AND AFFILIATES, DO NOT WARRANT THAT THE CONTENT IS ACCURATE, TRUE, RELIABLE, CORRECT OR COMPLETE, THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICES.

IN NO EVENT SHALL PEARL, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, (I) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF THE WEBSITE, (II) ANY LOSS OR DAMAGE DUE TO UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL BUSINESS INFORMATION STORED THEREIN, (III) ANY LOSS OR DAMAGE DUE TO INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE OR INTEROPERABILITY PROBLEMS, (IV) ANY LOSS OR DAMAGE DUE TO BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT, (VI) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, (VII) ANY STATEMENT OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE (VIII) ANY LOSS OR DAMAGE RESULTING FROM YOUR  USE, OR INABILITY TO USE, ANY PORTION OF OUR WEBSITE OR FOR ANY LOSS OR DAMAGE OF ANY KIND IN YOUR DATA, (IV) ANY LOSS OF YOUR REVENUE, PROFITS, GOODWILL OR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PURE ECONOMIC LOSS, COSTS, DAMAGES, CHARGES OR EXPENSES . THE LIMITATIONS ON LIABILITY APPLY WHETHER LIABILITY IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PEARL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

PEARL DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE TRUTH AND/OR ACCURACY OF ANY INFORMATION THAT IS POSTED ON ITS WEBSITE AS WELL AS FOR THEIR RELIABILITY AND/OR THEIR ABILITY TO CONDUCT BUSINESS PROPERLY OF USERS.

PEARL IS NOT RESPONSIBLE FOR THE INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA, INFORMATION OR USERS’ CONTENT THAT IS POSTED ON THE WEBSITE.

THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

7. Confidentiality / Non-disclosure

As a result of the provision of our Services to you, and whether due to any intentional or negligent act or omission, we may disclose to you or you may otherwise learn of or discover, our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of our business (“Information”). You hereby agree and acknowledge that any and all of our information is confidential and shall be our sole and exclusive intellectual property and proprietary information. You agree to use our Information only for the specific purposes as allowed in these TOS. Any disclosure of our Information to a third party specifically including a direct competitor is strictly prohibited and will be vigorously challenged in a court of law. All obligations contained herein shall survive the termination of these TOS. Furthermore, you acknowledge that our information is proprietary, confidential and extremely valuable to us, and that we would be materially damaged by your disclosure of our Information. You acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation, and that we shall be entitled to injunctive relief.

8. Indemnification

You agree to indemnify and hold harmless Pearl, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of the TOS.

9. Intellectual Property

The TOS do not transfer from Pearl to you any Pearl or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Pearl.  Pearl, the Pearl Marketing & Pearl Marketing Academy logo, and all other trademarks, service marks, graphics and logos used in connection with the Website are trademarks of Pearl or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Pearl or third-party trademarks.

10. Assignment & Modifications

Pearl reserves the right to assign to third parties any rights, licenses, and/or obligations arising out of or relating to these terms without restriction. You may not transfer or assign any of its rights, or delegate any of its duties, under this contract, either in whole or in part (including by merger or operation of law), without the prior written consent of Pearl.  To the extent the license or any rights or obligations hereunder are transferred, assigned or delegated in a manner that is permitted by these terms, these terms shall be binding upon all your successors and assigns hereto (including any transferee or assignee of all or substantially all your assets and any successor by merger or operation of law).

Pearl reserves the right, at its sole discretion, to modify or replace any part of the TOS. It is your responsibility to check the TOS periodically for changes. Your continued use of or access to the Website following the posting of any changes to the TOS constitutes acceptance of those changes. Pearl may also, in the future offer new services and/or features through the Website. Such new features and/or services shall be subject to the TOS.

11. Termination

Pearl may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Account (if you have one), you may simply discontinue using the Website or e-mail us at website@pearlmarketing.com with a request to cancel your Account. However, your termination does not guaranty a refund unless it falls under the terms and conditions of the Refund Policy. Notwithstanding the foregoing, Pearl can terminate your Account if you materially breach the TOS and fail to cure within thirty (30) days from Pearl’s notice to you thereof; provided that, Pearl can terminate the Website immediately as part of a general shut down of our Services. All provisions of the TOS which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

12. Applicable Law

The country of the user and/or the country of the member with whom he or she is dealing with may have applicable laws in regard to their transactions with other users that may be independent of the agreements made with Pearl in the TOS. The validity and interpretation of these TOS shall be governed by the laws of the state of New Hampshire, without regard to New Hampshire’s choice of law principles.

13. Miscellaneous

  • This Agreement constitutes the entire agreement between Pearl and you concerning the subject matter hereof.
  • 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.

This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.