TERMS OF USE

PLEASE READ THIS TERMS OF USE (the “TOU” or “Agreement”) CAREFULLY BEFORE USING THE PROMARK CUSTOM SOLUTIONS, LLC'S WEBSITE (the “Site”) OR ANY SERVICE PROVIDED THEREIN (“Service”).  This TOU is between you (“You”, “Your”, and “Yours”) and ProMark Custom Solutions LLC dba ProMark Training Centers (“ProMark”).

By using this Site or any Service of ProMark, you signify your agreement to these terms of use. If you do not agree to these Terms of Use, do not use this Site or Service. ProMark may modify these TOU at any time and such changes will be effective on the date that such modified TOU is posted on this Site. Use of the Site or Services after such changes have taken effect constitutes acceptance of all changes.

Restrictions On Use of Materials and Intellectual Property Rights

This Site or Service and all of ProMark’ products, trade names, marks, and logos are protected by copyright, trademark, and other intellectual property laws, and all intellectual property rights therein belong to ProMark and/or its affiliates and/or its suppliers (collectively, the "ProMark’ Intellectual Property"). Any textual or graphic material you copy, print, or download from this Site or Service is licensed to you by ProMark for your personal, non-commercial home use only, provided that you do not change or delete any copyright, trademark or other proprietary notices.  You may not sell, reproduce, distribute, modify, display, prepare derivative works based on, re-post or otherwise use any of ProMark’s Intellectual Property in any way.

 

Furthermore, you may not use ProMark’s Intellectual Property on any other site or service, in a networked computer environment or in any other medium for any purpose. ProMark reserves the right to terminate your access to this Site and to use any of its intellectual property at any time.

Use of Content
By posting communications to or transmitting through the Site or Service, you hereby grant ProMark a royalty-free, perpetual, irrevocable, transferable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such communication(s) alone, for marketing purposes, or as a part of other works in any form, media, or technology, whether now known of hereafter developed and to sublicense such rights to anyone.

Anything you transmit or post may be used by ProMark or licensed to others by ProMark for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting, or developing, manufacturing and marketing products using such information.

 

Conduct
As a user, you are responsible for your own actions, and the consequences of those actions. Proper conduct on the ProMark Site includes refraining from posting material that is:

  • Copyrighted, unless you are the copyright owner or have the permission of the copyright owner.

  • Revealing of trade secrets, unless you own them or have the permission of the owner.

  • In violation of any law or infringing on any other intellectual property rights of others, or on the privacy or publicity rights of others.

  • Obscene, sexually explicit, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity.

  • An advertisement, promotional material, "junk mail," "Spam," chain letter, pyramid scheme or any other form of solicitation of business.

    Users also must not:

    1) impersonate another person;

    2) misrepresent their affiliation with any person or organization;

    3) access the Site to obtain a list of users of the Site;

    4) use password protected, secure, or non-public areas of the Site (or frames or links to the Site) without proper authorization;

    5) distribute computer viruses, worms, or any software intended to damage or alter a computer system without the owner's consent;

    6) use any mechanisms that generate excessive network traffic;

    7) either directly or through any person or entity, in any form or manner, copy, distribute, reproduce, incorporate, or allow unauthorized access to the Site, its content, or the Services; or

    8) modify, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Services.
     

Use of the Services for transmission, distribution, retrieval, or storage of any information, data, or other material in violation of any applicable law or regulation is prohibited.

ProMark does not represent or guarantee the truthfulness, accuracy, or reliability or any of communications posted by other users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk. ProMark does not screen communications in advance and is not responsible for screening or monitoring material posted by users.

ProMark has no liability or responsibility to you for performance or nonperformance of such activities. ProMark reserves the right to expel users and prevent their further access to the Site or Service for violating this Agreement or the law and the right to remove communications which violate the terms of this Agreement.

 

System and Network Security
Violations of system or network security of the Site or Service are prohibited, and may subject you to criminal and/or civil liability. ProMark will investigate potential security violations, and may notify applicable law enforcement agencies if violations are suspected. You may not attempt to circumvent the authentication procedures or security of any host, network, network component, or account to access data, accounts, or systems that you are not expressly permitted to access.  You may not interfere or attempt to interfere with service to any other user, host, system, or network on the Internet unless expressly permitted to do so.  You may not share any passwords provided to you by ProMark with any third-parties.  If you would like ProMark to make the Site available to third parties, please make such request by e-mail to info@promarktraining.com.  PROMARK IS NOT RESPONSIBLE FOR ANY UNAUTHORIZED USE OR DISCLOSURE OF ANY PASSWORD.

 

Disclaimers and Limitation of Liability
The materials in this Site or Service are provided "as is" and without warranties of any kind either express or implied. Moreover, any portion of the materials available on this Site or Service may include inaccuracies or typographical errors. Changes may be made, from time to time and without notice, to the materials available on this Site or Service, the Site or Service itself, and to the products described on this Site or Service.

 

To the fullest extent permissible pursuant to applicable law, ProMark disclaims all warranties, express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, accuracy of data, non-infringement, security, or title. ProMark does not warrant the accuracy, completeness or usefulness of any information contained on this Site or Service. ProMark does not warrant that the functions contained in the materials available on this Site or Service will be uninterrupted or error-free, that defects will be corrected, or that the materials, this Site or Service or the server that makes them available are free of viruses or other harmful components. You (and not ProMark) assume the entire cost of all necessary servicing, repair and correction.

 

Under no circumstances, including, but not limited to, negligence, shall ProMark be liable for any special, incidental, indirect, or consequential damages that result from the use of, or the inability to use, Site or Service or any downloaded materials, even if ProMark or its representative has been advised of the possibility of such damages. In no event shall ProMark' total liability to you from all damages, losses, and causes of action (whether in contract, or otherwise) exceed the amount you paid to ProMark, if any, for products purchased on this Site or Service.

 

Links to Other Site or Services
ProMark makes no representation whatsoever regarding the content of any other site or services, which you may access from this Site or Service. When you access a third party's site or service, please understand that it is independent from ProMark and that ProMark has no control over the content on that site or service. A link to a third party's site or service does not mean that ProMark endorses or accepts any responsibility for the content or use of such site or service.

 

Cancellation and Refund Policy
Should a registrant need to cancel their registration for an open enrollment class; cancellations made prior to one week of the beginning of the class will receive a full refund or be allowed to transfer their enrollment to another open-enrollment class of equal or lesser value.  If the class is of lesser value, the client will receive a refund of the difference.  Registrants cancelling their registration within 24 hours to 7 days prior to class will be allowed to transfer their enrollment to another open-enrollment class of equal or lesser value.  If the class is of lesser value, the client will receive a refund of 50% of the difference.  Should a registrant cancel their registration within less than 24 hours of the start of the class or fail to attend the class as registered the registrant will still be responsible for all costs and fees related to that class.  However, the registrant may be permitted to attend the same class the next time it is offered through our open-enrollment program assuming that the class is not full and or is not cancelled due to low enrollment.  Should ProMark need to cancel a class at any time for any reason, ProMark will make every effort available to reach the registrant in a timely manner.  The registrant will receive their choice of a full refund or may transfer their registration to another class of equal or lesser value.  If the class is of lesser value, the client will receive a refund of the difference

 

General Provisions
This Site or Service is controlled and operated by ProMark from its offices within Franklin, Ohio, United States of America. ProMark makes no representation that materials in the Site or Service are appropriate or available for use in other locations. Those who choose to access this Site or Service from other locations do so on their own initiative and are responsible for compliance with any applicable national, state or local laws.

This agreement and the use of this Site shall be governed by and construed in accordance with laws of the State of Ohio, United States of America, without giving effect to any principles of conflicts of law. If any provision of this agreement is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. Any legal action or proceeding relating to your access to, or use of, the Site or Service or ProMark Intellectual Property on or through this Site or any purchase of ProMark products on or through this Site will be instituted in a state or federal court in Montgomery County, Ohio. You waive any right you may have to move or dismiss or transfer on the basis of personal jurisdiction or venue, or for convenience of any party or witness. This is the entire agreement between the parties relating to the subject matter hereof and you agree to indemnify ProMark for any claims or damages resulting from your failure to abide by these terms and conditions.