1. ACCEPTANCE OF TERMS OF SERVICE
This service is provided to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. In addition, when using particular services directly or through distributors and affiliates, you, Fred Pryor Seminars, and CareerTrack shall be subject to any guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. Fred Pryor Seminars and CareerTrack also may offer other services from time to time that are governed by different Terms of Services. These TOS do not apply to such other services.
What Personal Information
About Customers Do You Gather?
Do You Share the Information You Receive?
Information about our customers is an important part of our business, and we share customer information only with subsidiaries of Fred Pryor Seminars, CareerTrack, and its affiliates, and as described below.
What Information Can I Access?
You have access to the following information about you for the limited purpose of viewing and, in certain cases, updating that information. This list will change as our Web site evolves.
What Choices Do I Have?
We do not sell products for purchase by children. If you are under 18, you may use pryor.com and careertrack.com only with involvement of a parent or guardian.
Conditions of Use, Notices, and Revisions
If you choose to visit pryor.com or careertrack.com, your visit and any dispute over privacy is subject to this notice and our conditions of use, including limitations on damages, arbitration of disputes, and application of the law of the state of Kansas. If you have any concern about privacy at our web site, please send us a thorough description to customer service, and we will try to resolve it. Our business changes constantly. This notice and the conditions of use will change also, and use of information that we gather now is subject to the Privacy Notice in effect at the time of use. We may e-mail periodic reminders of our notices and conditions, unless you have instructed us not to, but you should check our Web site frequently to see recent changes.
The system currently provides users with access to a rich collection of on-line resources, including various training tools, online forums, a knowledgebase of information, personalized content and branded programming through its network of properties (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Fred Pryor Seminars or CareerTrack properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Fred Pryor Seminars and CareerTrack assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications, user data, or personalization settings. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please be aware that we have created certain areas on the Service that contain adult or mature content. You must be at least 18 years of age to access and view such areas.
4. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Fred Pryor Seminars and CareerTrack have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). We are concerned about the safety and privacy of all its users.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Fred Pryor Seminars and CareerTrack of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Fred Pryor Seminars and CareerTrack, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service. Fred Pryor Seminars and CareerTrack do not control the Content posted via the Service and, as such, do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Fred Pryor Seminars and CareerTrack be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service. You agree to not use the Service to:
You acknowledge that Fred Pryor Seminars and CareerTrack do not pre-screen content, but that Fred Pryor Seminars, CareerTrack, and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, Fred Pryor Seminars, CareerTrack, and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Fred Pryor Seminars and CareerTrack or submitted to Fred Pryor Seminars and CareerTrack, including without limitation information in Fred Pryor Seminars and CareerTrack Message Boards, Clubs, and in all other parts of the Service. You acknowledge and agree that Fred Pryor Seminars and CareerTrack may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Fred Pryor Seminars and CareerTrack, its web site users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
(a) For purposes of the TOS, "publicly accessible areas of the Service" are those accessible by the general public. By way of example, a publicly accessible area of the Service would include public pryor.com and careertrack.com Message Boards, but would not include private pryor.com and careertrack.com training services.(b) With respect to Content you elect to post for inclusion in publicly accessible areas of pryor.com and careertrack.com Clubs or that consists of photos or other graphics you elect to post to any other publicly accessible area of the Service, you grant Fred Pryor Seminars and CareerTrack the world-wide, royalty free and non-exclusive license to reproduce, modify, adapt and publish such Content on the Service solely for the purpose of displaying, distributing and promoting the specific pryor.com and careertrack.com service to which such Content was submitted, or, in the case of photos or graphics, solely for the purpose for which such photo or graphic was submitted to the Service. This license exists only for as long as you elect to continue to include such Content on the Service and shall be terminated at the time you delete such Content from the Service.(c) With respect to all other Content you elect to post to other publicly accessible areas of the Service, you grant Fred Pryor Seminars and CareerTrack the royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
You agree to indemnify and hold Fred Pryor Seminars, CareerTrack, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Fred Pryor Seminars and CareerTrack may establish general practices and limits concerning use of the Service, including without limitation the maximum disk space that will be allotted on Fred Pryor Seminars and CareerTrack servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Fred Pryor Seminars and CareerTrack have no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Fred Pryor Seminars and CareerTrack reserve the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Fred Pryor Seminars and CareerTrack reserve the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
12. MODIFICATIONS TO SERVICE
Fred Pryor Seminars and CareerTrack reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Fred Pryor Seminars and CareerTrack shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that Fred Pryor Seminars and CareerTrack, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Fred Pryor Seminars and CareerTrack believe that you have violated or acted inconsistently with the letter or spirit of the TOS. Fred Pryor Seminars and CareerTrack may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Fred Pryor Seminars and CareerTrack may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Fred Pryor Seminars and CareerTrack shall not be liable to you or any third-party for any termination of your access to the Service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Fred Pryor Seminars and CareerTrack shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Fred Pryor Seminars and CareerTrack have no control over such sites and resources, you acknowledge and agree that Fred Pryor Seminars and CareerTrack are not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Fred Pryor Seminars and CareerTrack shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
16. FRED PRYOR SEMINARS AND CAREERTRACK PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Fred Pryor Seminars, CareerTrack or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. Fred Pryor Seminars and CareerTrack grant you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Fred Pryor Seminars and CareerTrack for use in accessing the Service.
17. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
Fred Pryor Seminars, the Fred Pryor Seminar logo, CareerTrack, the CareerTrack logo, all trademarks and service marks, and other pryor.com and careertrack.com logos and product and service names (the "FP/CT Marks") are trademarks of FPS Training Corp. Without Fred Pryor Seminars and CareerTrack prior permission, you agree not to display or use in any manner, the FP/CT Marks.
23. COPYRIGHTS and COPYRIGHT AGENTS
Fred Pryor Seminars and CareerTrack respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information: a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; b. a description of the copyrighted work that you claim has been infringed; c. a description of where the material that you claim is infringing is located on the site; d. your address, telephone number, and email address; e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; f. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Our Copyright Agent for Notice of claims of copyright infringement on its site can be reached by email at email@example.com..
The TOS constitute the entire agreement between you and Fred Pryor Seminars and CareerTrack and govern your use of the Service, superceding any prior agreements between you and Fred Pryor Seminars and CareerTrack. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and Fred Pryor Seminars and CareerTrack shall be governed by the laws of the State of Kansas without regard to its conflict of law provisions. You and Fred Pryor Seminars and CareerTrack agree to submit to the personal and exclusive jurisdiction of the courts located within Johnson County, Kansas. The failure of Fred Pryor Seminars and CareerTrack to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.