These Terms constitute a legally binding agreement between you and Product School, Incorporated, and its affiliates and subsidiaries (hereinafter sometimes referred to as “Product School,” “we,” and/or “us”). Please read these Terms carefully before using the Product School Service (defined below). By using the Product School Services, you: (1) acknowledge that you have read and understand these Terms; (2) represent that you are 18 years of age or older and of legal age to enter into a binding agreement, or, if you are under 18 years of age, you represent and agree that you possess the legal consent of your parent or guardian to access and use the Product School Services; and (3) accept these Terms and agree that you are legally bound by them. If you do not agree to any of these Terms, do not use any of the Product School Services. Your use of the Product School Services manifests your agreement to be bound by these Terms each time you access the Product School Services.
Revisions to Terms
Product School, in our sole discretion, reserves the right to revise and update these Terms at any time, wholly or partially, by posting an updated version. You should visit this page periodically to review the most current Terms, because you are bound by them. Your continued use of the Product School Service after a change to these Terms constitutes your binding acceptance of these Terms. The terms “post” and “posting,” as used herein, shall mean the act of submitting, uploading, publishing, displaying, or similar action on the Product School Services. If you do not accept these Terms, or their revisions, your sole recourse will be to stop using the Product School Service.
Product School Service
The Product School Service (“Product School Service”) shall mean and refer to the website located at www.productschool.com, as well as all associated software, applications, and all other services under Product School’s control, whether in part or otherwise, used in connection with the services provided by Product School. The Product School Service provides an online platform to enable you to view information online and through other connected devices about classes, courses, workshops, and other education programs and events offered by Product School (collectively, “Courses”). These Courses are at the intersection of technology, design, and business, and availability of such information resides in Product School’s sole discretion. Together with our members, thought leaders, and seasoned practitioners (collectively, “Instructors”), Product School offers a robust curriculum focused on product management and other practices by which business, design and technology can be leveraged to create industry-changing products and successful companies. The Product School Service will also permit the community of users of the Product School Service to engage in discussions and communications with one another and with the Instructors.
Sign Up for a Course
You may sign up for a Course using the Product School Service. However, we cannot promise the availability of any Course.
Chat Room Service and Blog Post
You may be able to engage in online chat sessions with other users of the Product School Service, including Instructors. You should exercise caution, good sense, and sound judgment when submitting messages to be posted in a chat room. Think – and read twice – before you post anything. Once something is posted online, it may live in perpetuity, and messages posted today could be highly embarrassing or damaging to your credibility or reputation in the future. Product School makes no representations and warranties with respect to the confidentiality of any posts you make through the Product School Service. You are solely responsible for any comments or materials you post in a chat room, and assume all liability arising out of a post. Product School expressly disclaims all liability regarding such posts. If any legal action is taken on Product School as a result of any of your actions, you explicitly agree to indemnify Product School for all costs incurred in the defense of Product School.
Information you Provide to Instructors
Your Instructors may ask for certain information from you, such as your email address, in order to help facilitate the provision of the Course. Instructors are required to use this information only to communicate about Course materials in a professional manner. However, you agree that we are not responsible for any use of this information by an Instructor for other purposes, and Product School disclaims all liability for any action arising out of such other purpose by an Instructor.
We use third-party services to help us provide the Product School Service, but such use does not indicate that we endorse them or are responsible or liable for their actions. The Product School Service may link to third-party websites to facilitate its provision of services to you. If you use these links, you will leave the Product School Service. Some of these third-party websites may use Product School Content (defined below) under license from Product School. Product School is not responsible, in any manner, for these third-party websites, whether or not Product School is affiliated with such third-party websites. Through our use, we do not endorse the organizations sponsoring such third-party websites or their products or services. You agree that Product School is not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings you may have on or through a third-party website, or as a result of the presence of any third-party advertising on the Product School Service.
The Product School Service may allow you to register and log in using sign-on functionality provided by various social networks, such as Facebook. You agree to abide by the social network’s terms and conditions applicable to you. You are solely responsible for any and all compliance with such social network’s terms, or for any privacy issues that may arise as a result of such functionality and assume all liability for any action arising out of such use.
Featuring a Course or Instructor
Product School may feature a Course or Instructor, but we make no representations about the quality of any Courses or Instructors, nor is this a recommendation of a Course or Instructor. Product School does not guarantee the availability of specific instructors for any class. Product School reserves the right to change instructors, without notice, at any time for any reason.
Featuring your Student Work
With your permission, we may promote Product School using the work that you completed as part of completing a Course (“Student Work”), and you grant Product School a nonexclusive license to use your name, in combination with your Student Work, in any and all media, in connection with Product School’s promotional efforts. Our use will be primarily focused on promoting Product School, but Product School reserves the right to use such Student Work as deemed reasonable by us. Product School will include your name and attribute the Student Work to you.
Product School books appropriate classroom space for every cohort. Product School reserves the right to change the location of the classroom and in such event provides notice to students of said change.
Instructor & Class Availability
Product School books appropriate classroom space for every cohort. Product School reserves the right to change the location of the classroom and in such event provides notice to students of said change.
Payments & Courses
Product School may charge you fees to attend a Course, the amount of which may be revised by Product School from time to time and vary from region to region, and topic to topic, at Product School’s sole discretion. You agree to pay for all products and services that you purchase through the Product School Service, and you agree that we may charge your selected payment method, either directly, or through the services of a third-party payment processor, for any such payments. Only those payment methods accepted by our third-party payment processor can be used to purchase products, goods, or services through the Product School Service.
Third-Party Payment Processors
Product School currently uses third-party payment processors for electronic commerce. Our third-party payment processor accepts payments through methods detailed on the applicable payment screen, which may include various credit cards and PayPal. Information that you supply to our payment processors is not stored by us or within our control, and is subject to each of our third-party payment processors’ own privacy policies and terms and conditions. Third-party payment processors may charge a fee to process payments. Product School is not responsible, in any manner, for any fees charged by them. Product School expressly disclaims all liability or responsibility regarding any problems that you may have with third-party payment processors.
Availability of Certain Forms of Payment
Product School makes no representations and warranties about the continued availability of any particular form of payment method made available for use with the Product School Service.
When you provide a credit card number to us to activate and/or pay for any fees related to Product School, we, through our third-party payment processor, may seek pre-authorization of your credit card account prior to a purchase in order to verify that the credit card is valid and/or has the necessary funds or credit available to cover your purchase. These pre-authorizations will reduce your available balance by the authorization amount until it is released or reconciled with the actual charge. Please contact your card issuer if you have additional questions regarding when an authorization amount will be removed from your statement.
Timing of Charges
Charges occur within a reasonable time of the transaction, or shortly thereafter, and multiple charges during the same period may be aggregated together.
Recurring Payment Program
Product School offers a recurring payment program, which allows you to pay the balance owed for courses in installments. You agree to enroll in this program by selecting any of the installment plan payment options. By enrolling in this plan, you have authorized us to charge your checking/savings account, or credit card, for the amount and at the intervals set forth by us. You can cancel your enrollment in our recurring payment program by notifying us in writing at least 15 days prior to the next billing date of your intent to cancel the authorization. To cancel, please notify us in writing at firstname.lastname@example.org. You are responsible for all recurring charges made prior to the effective date of cancellation.
You agree to submit any disputes regarding any charge to your account in writing to Product School within thirty (30) days of such charge, or your dispute is waived and such charge will be final and not subject to challenge. You may dispute a charge by sending an email to us at email@example.com.
Fees Charged by Third-Party Payment Processors
As previously stated, the Product School Service uses third-parties to process payments. Use of such third-party payment services is subject to their terms and conditions of use. Those third parties may charge fees to process such payments, and Product School is not responsible for any fees charged by them. Again, Product School disclaims all liability with regards to any fees or problems you may have with third-party payment processors.
Tuition and Fees
The total cost of each course is comprised of the tuition fee and a non-refundable registration fee. Please note that there is a registration fee for each course.
|Courses||Application Fee||Tuition Fee|
Multiple Courses (Bundle)
The Multiple Course (Bundle) discount is provided for students purchasing 3 or more courses as a “bundle” package. The total amount paid by the student is considered a deposit on all courses selected. Students must complete all purchased courses in order to receive the discount, as tuition costs for each course in the bundle are debited from this deposit in the order in which the student begins each course and at the regular tuition price; therefore, the value of the discount is applied to the last course which the student takes. Should a student withdraw from any course in their bundle package, the refund for that course is calculated according to the value of that course, as defined above.
You must complete all courses within 12 months from the initial date of payment.
If you sign up for a multiple course package, you may reschedule to another course if your course has not started, and you submit the request at least 2 weeks in advance and there is space in the requested cohort. No reschedules are allowed within two weeks of the class start date. All reschedules are final.
Refunds, Cancellation and No Show Policies
You should contact the Programs Department directly, not Instructors or Sales Representatives, for any rescheduling, cancellation, withdrawal and/or refund requests and questions. Product School may modify its refund policy at any time, with or without specific notice to you; provided, however, that the published refund policy in effect at the time of student’s enrollment shall apply to such enrollment period despite any subsequent change in the policy. All refund requests shall be sent by email to firstname.lastname@example.org.
Specific cancellation, refund, and withdrawal policies may vary depending on your state of residence. Our general refund policy is as follows, however, refer to your enrollment agreement and/or the Programs department for any questions you have regarding the cancellation, refund, and withdrawal policies that may apply to you.
The Student has the right to cancel this enrollment agreement, without any penalty or obligation, through attendance at the first class session or seven days after enrollment, whichever comes later. Cancellation is effective when the student provides a written notice of cancellation to the Program Director. This can be done by email or by hand delivery. The written notice of cancellation, if sent by mail, is effective when deposited in the mail properly addressed with proper postage. The written notice of cancellation need not take any particular form and, however expressed, it is effective if it shows that the student no longer wishes to be bound by the Enrollment Agreement. If the Enrollment Agreement is cancelled the school will refund the student any money paid, less the $250 non-refundable registration, within 30 days after the notice of cancellation is received. Cancellation requests must be submitted in writing to Product School 415 Jackson Street Suite B San Francisco CA 94111 or to email@example.com.
You may withdraw from the school at any time after the cancellation period (described above) and refunds are determined in accordance with the Refund Policy stated below. For the purpose of determining a refund under this section, a student shall be deemed to have withdrawn from a course of instruction when any of the following occurs:
- Student-Initiated Withdrawal: The student notifies the institution in writing of the student’s withdrawal or as of the date of the student’s withdrawal, whichever is later. The notification is effective when Product School receives notice, or the date the notice is mailed, whichever is sooner.
- Administrative Withdrawal: The institution terminates the student’s enrollment for failure to maintain satisfactory progress; failure to abide by the rules and regulations of the institution; absences in excess of maximum set forth by the institution; and/or failure to meet financial obligations to the School. If the student has failed to attend or make up 25% of instruction, the student will be administratively withdrawn effective as of the 12th hour missed.
Students who withdraw due to an emergency, such as personal or family illness or national service, may be re-enrolled into another Product School course following approval by the Program Director.
All refunds will be paid within 30 days of withdrawal. Refunds will be less a $250 registration fee. If any portion of the tuition was paid from the proceeds of a loan or third party, the refund shall be sent to the lender, third party or, if applicable, to the state or federal agency that guaranteed or reinsured the loan. Product School does not participate in federal or state financial aid programs. If you withdraw, you will receive a pro rata refund if you have completed 60% or less of your course through the last day of attendance. You will be responsible for 100% of the tuition for your course if you complete more than 60% of the course, even if you do not complete the entire course. A pro rata refund pursuant to the Code shall be no less than the total amount owed by the student for the portion of the educational program provided subtracted from the amount paid by the student. For the purpose of determining the amount of the refund, the date of the student’s withdrawal shall be deemed the last date of recorded attendance. The amount owed equals the hourly charge for the course (total institutional charge, minus non-refundable fees, divided by the number of hours in the course), multiplied by the number of hours scheduled to attend, prior to withdrawal.
If a student received federal student financial aid funds, the student is entitled to a refund of moneys not paid from federal student financial aid program funds.
If the student obtains a loan to pay for an educational program, the student will have the responsibility to repay the full amount of the loan plus interest, less the amount of any refund. If the student defaults on a federal or state loan, both of the following may occur: (1) The federal or state government or a loan guarantee agency may take action against the student, including garnishing an income tax refund; and (2) The student may not be eligible for any other government financial assistance at another institution until the loan is repaid.
If a student holds an outstanding balance after the course end date, a one-time
$75 late fee will be applied, as well as a 1.5% interest charge on the total due will be applied each month thereafter.
Late Key Return Fee
If you are issued a key, key fob, key card, or the like, you must return it within 48 hours after the completion of the last class. Failure to return a keyfob will result in being charged a $100 administrative fee.
Make-Up Class Policy
We understand that sometimes “things happen.” That is why we allow each student to make-up missed classes, up to a maximum of one (1) weekend or two (2) weekday classes. Subject to availability, you may make-up a class in a weekday or weekend cohort in any location. In order to make up a class, you must provide 72 hours notice to the Program Director. Please note that Product School is not obligated to accommodate every request. Requests to make up a class in a particular day/time/location are subject to availability and may be granted accordingly.
Product School will not collect or pay your taxes. “Taxes” shall include, but not by way of limitation, sales, use, value added, or transaction taxes and any other government-imposed fees and charges. You are responsible for determining and paying the appropriate taxes resulting from a transaction occurring through the Product School Service. Product School is not responsible for collecting, reporting, paying, or remitting to you any such taxes, unless required by law.
We accept U.S. Dollars. Again, you are responsible for all fees associated with using third-party payment processors through the Product School Service.
Account Creation and Use by an Agent
You agree that if you create an account and use the Product School Service on behalf of a business entity (e.g., corporation), you have the necessary legal authority and capacity to do so as an authorized agent of the business entity. You agree that you have the authority to bind the business entity in legal agreements and contracts. You represent and warrant that the information you provide to Product School upon registration, and at all other times, will be true, accurate, current, and complete. You also represent and warrant that you will ensure that this information is kept accurate and up-to-date at all times.
If you create an account, you are solely responsible for: (1) your log-in credentials; (2) keeping such information secure and accurate; as well as for (3) any activity resulting from the use of your log-in credentials on the Product School Service.
Again, you are responsible for maintaining the confidentiality of your log-in credentials and are fully responsible for all activities that occur through the use of your credentials. You agree to notify us immediately if you believe the confidentiality of your log-in credentials has been compromised, or if you suspect unauthorized use of your account. You agree that Product School will not be liable for any loss or damage arising from unauthorized use of your credentials.
Minimum Recommended Equipment Specifications
The services provided by Product School necessitate the use of electronic computer equipment. Product School therefore requires that students and users have equipment and/or peripherals which can be reasonably expected to adequately function with the Product School service in the following areas: operating system, web camera and microphone, internet access, and web browsers.
Product School may communicate with you by email, texting, phone call or simply posting notice on the Product School Service. You may request that we provide notice of security breaches in writing. You are solely responsible for any and all fees associated with such communications, if any. If you have registered to use the Product School Service, or are registered for a Course, you agree to receive emails, phone calls and/or texts from us based on the information that you provided to us for customer service related purposes.
By using the Product School Service, or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Product School Service. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Product School Service or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us firstname.lastname@example.org.
Product School’s Content Ownership and Use
Product School owns all of the content we create, but you may use it while you use the Product School Service. You cannot use our logo without our explicit written permission. The contents of the Product School Service include, but not by way of limitation: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other Product School content (collectively, “Product School Content”). All Product School Content and the compilation (meaning the collection, arrangement, and assembly) of all Product School Content are the property of Product School, or its licensors, and are protected under copyright, trademark, and other laws.
License to You
We hereby authorize you, subject to these Terms, a limited, revocable, non-exclusive, non-transferrable, non-assignable, worldwide license to access and use the Product School Service and Product School Content solely for the use of Product School’s services, at our discretion. Any other use is expressly prohibited. This license is revocable by us at any time without notice and with or without cause. Unauthorized use of the Product School Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Product School Content on any copy that you make of the Product School Content in accordance with these terms. You agree that you will use the Product School Services in compliance with all applicable local, state, federal or international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence.
No Product School Content, or other material made available on or through the Product School Service, may be copied, reproduced, republished, uploaded, posted, transmitted, or otherwise distributed in any way without written permission of the copyright owner unless such content is specifically made available for and authorized to be downloaded from the Product School Service, in which case you are authorized to download a single copy of such materials for your own personal, noncommercial use. For example, certain Course materials may be made available as unprotected PDF files that can be downloaded by registered Course participants and/or other users of the Product School Service. Materials not made available for download may not be downloaded or otherwise copied without prior written permission. Modification of materials obtained from the Product School Service, including, but not limited to, User Content, for any other purpose, including, without limitation, any commercial purpose, is a violation of the copyrights and other proprietary rights of Product School or its licensors, unless you have obtained express written authorization to the contrary.
No Commercial Use
No materials obtained from the Product School Service, even if authorized for download from the Product School Service, may be redistributed, nor may they be used for any commercial purpose, without Product School’s prior written permission. Notwithstanding the prior sentence, the use of Course materials by a registered student of a Course for the development of a business, venture, or idea of which the registered student is actively involved as a founder or employee shall not be deemed a commercial purpose, but no additional reproductions may be made of any such materials, either electronically or in hard copy.
Certain materials made available for download from or through the Product School Service may be subject to additional or different license terms and conditions, such as terms and conditions set forth in a Creative Commons license. Any such terms and conditions shall be identified in advance for such materials, and by downloading any materials governed by any other license terms and conditions, you hereby agree to be bound by and comply with such terms and conditions.
No Implied Rights
There are no implied licenses granted in these Terms.
Product School Marks
Product School, the Product School logo, and other Product School products and service names are or may be trademarks of Product School (the “Product School Marks”). Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use in any manner the Product School Marks.
Intellectual Property Rights and Our License to Use
You, or the people who allow you to use their content, own all of the content you post using the Product School Service. However, by posting content to the Product School Service, you are granting us a license to use your content for any purpose, including in our marketing materials. We may also modify your content, without prior approval from you, to make it work better with the Product School Service. It is very important that you have permission to use other people’s content or they may be able to sue you for violating their legal rights.
Your User Content
The Product School Service may provide you with the ability to create, post, or share content, including messages in chat rooms and Student Work (“Your User Content”). You, or a third-party licensor, as appropriate, retain all intellectual property rights to Your User Content. You are responsible for protecting those rights.
Product School’s Use of your User Content
If you are an instructor, the license grant above is also applicable to any content you create for the purpose of your Course (such as syllabi, slides or homework) that you post on the Product School Course area of the platforms that Product School uses.
You Acquire no Ownership of other’s Content
You understand and agree that you will not obtain, through use of the Product School Service, any right, title, or interest (including intellectual property rights) in content delivered via the Product School Service.
You must have Rights to the Content you Post
You represent and warrant that: (i) you own the content posted by you on or through the Product School Service, or otherwise have the right to grant the license set forth in these Terms; (ii) the posting and use of Your User Content on or through the Product School Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person; and (iii) the posting of Your User Content on the Product School Service does not result in a breach of contract between you and a third party. You agree to pay all monies owing to any person as a result of posting Your User Content on the Product School Service. You also acknowledge and agree that Your User Content is non-confidential and non-proprietary.
The Product School Service contains content from users and other Product School licensors. Except as provided within these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Product School Service.
You authorize Product School Incorporated (“Product School”) to record you via video tape, video camera, film, photograph or any other medium, now or hereafter existing, and to record your voice, conversation and sounds, including any acts, performances and quotes by you (collectively, the “Recordings”) during your training. You grant Product School the irrevocable right and license to use, and to license others to use, your name and biographical material concerning yourself, and all rights in and to the Recordings, without additional compensation to you, in any manner or medium, whether now known or hereafter developed, throughout the universe and for an unlimited number of times in perpetuity, in connection with the promotion, advertising, sale, publicizing and exploitation of any products, services or programs of Product School or for any other commercial purposes in furtherance of Product School’s business. You waive any right of inspection or approval of the Recording or the uses to which such Recordings may be put. You acknowledge that Product School will rely on this permission and may incur substantial costs thereby, and you hereby agree not to assert any claim of any nature whatsoever against anyone relating to the exercise of the rights and permissions granted hereunder.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe, in good faith, that materials posted on the Product School Service infringe your copyright, you (or your agent) may send Product School a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. Please send this notification to email@example.com. The notice must include the following information:
- The date of your notification;
- A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
- Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Product School Service are covered by a single notification, a representative list of such works);
- Identification of the specific material alleged to be infringing or the subject of infringing activity and information reasonably sufficient to allow Product School to locate the material on the Product School Service;
- Your name, address, telephone number, and email address (if available);
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe, in good faith, that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Product School a counter-notice to 415 Jackson St. Suite B, San Francisco, CA, 94111 and all emails should be addressed to firstname.lastname@example.org.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.
If a counter-notice is received by Product School’s copyright agent, Product School may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in Product School’s discretion) be reinstated on the Product School website 10 to 14 business days, or more, after receipt of the counter-notice.
Suggestions and Submissions
We appreciate hearing from our users and welcome your comments regarding the Product School Service. Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (collectively, “Creative Ideas”), we shall: (1) own, exclusively, all now known or later discovered rights to the Creative Ideas; (2) not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any Creative Ideas; and (3) be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
User Content Disclaimers, Limitations, and Prohibitions
You are responsible for your actions when using and relying on the Product School Service or content available on the Product School Service, and you are responsible for any consequences thereof. We do not represent or guarantee the truthfulness, accuracy, or reliability of content, posted by users (“User Content”). You accept that any reliance on material posted by other users or third-party service providers will be at your own risk. By using the Product School Service, you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate. We have no special relationship with or fiduciary duty to you.
You expressly acknowledge and agree that you are solely responsible for Your User Content on the Product School Service. Product School does not endorse any, nor is it responsible for, any User Content on the Product School Service. You assume all risks associated with Your User Content, including anyone’s reliance on its quality, accuracy, or reliability, and you agree that you are solely responsible for any consequence that may arise from the posting of Your User Content through the Product School Service. You may expose yourself to liability if, for example, Your User Content contains material that is false, intentionally misleading, or defamatory; violates third-party rights; or contains material that is unlawful, or advocates the violation of any law or regulation.
Do not misuse the Product School Service, try to break it, or steal our hard work or use the Product School Service to post unlawful or harmful content. You agree to use the Product School Service only for its intended purpose. You must use the Product School Service in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Product School Service are prohibited. You may not, but not by way of limitation: attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Product School Service, user accounts, or the technology and equipment supporting the Product School Service; frame or link to the Product School Service without permission; use data mining, robots, or other data gathering devices on or through the Product School Service; post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity; disclose personal information about another person or harass, abuse, or post objectionable or offensive material; sell, transfer, or assign any of your rights to use the Product School Service to a third party without our express written consent; post advertising or marketing links or content, except as specifically allowed by these Terms; use the Product School Service after your account has been terminated, without our consent; use the Product School Service in an illegal way or to commit an illegal act in relation to the Product School Service or that otherwise results in fines, penalties, and other liability to Product School or others; or access the Product School Service from a jurisdiction where it is illegal or unauthorized. You therefore agree that you are forbidden from recording and/or distributing any materials given to you by Product School without prior written consent. We reserve the right, but shall have no obligation, to investigate your use of the Product School Service in order to determine whether a violation of these Terms has occurred, or to comply with any applicable law, regulation, legal process, or governmental request, and take all appropriate action, at our sole discretion.
Consequences of Violating these Terms
We reserve the right to suspend or terminate your account and prevent access to the Product School Service for any reason, at our discretion. We reserve the right to refuse to provide the Product School Service to you in the future.
Product School may review and remove any of Your User Content at any time for any reason, including activity which, in our sole judgment: violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, users of the Product School Service.
You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the Product School Service.
Product School’s Liability
We are not liable for the actions of our users when they use the Product School Service. We may also change the Product School Service at any time and are not liable for how this may affect you. We do not guarantee the quality or accuracy of any content you view using the Product School Service or other websites.
Changes to the Product School Service
We may change, suspend, or discontinue any aspect of the Product School Service at any time, including hours of operation, or availability of the Product School Service, or any other feature, without notice or liability. We also may impose limits on certain features and services, or restrict your access to parts or all of the Product School Services, without notice or liability.
We are not responsible for any disputes or disagreements between you and any third party you interact with while or after using the Product School Service, including POP licensing or relationship authentication. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release Product School of all claims, demands, and damages in disputes among users of the Product School Service. You also agree not to involve us in such disputes. Use caution and common sense when using the Product School Service.
We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Product School Service. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Product School Service. Use the Product School Service at your own risk.
We make no promises and disclaim all liability of specific results from the use of the Product School Service.
The Product School Service may include links to third-party websites and applications. You are solely responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.
Disclaimer of Warranties
Please read this carefully. It affects your rights.
RELEASED PARTIES DEFINED. “Released Parties” include Product School and its affiliates, officers, employees, agents, service providers, partners, and licensors.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(A) YOUR USE OF THE PRODUCT SCHOOL SERVICE IS AT YOUR SOLE RISK, AND THE PRODUCT SCHOOL SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE PRODUCT SCHOOL SERVICE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
(B) THE RELEASED PARTIES MAKE NO WARRANTY THAT:
(i) THE PRODUCT SCHOOL SERVICE WILL MEET YOUR REQUIREMENTS,
(ii) THE PRODUCT SCHOOL SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCT SCHOOL SERVICE WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE PRODUCT SCHOOL SERVICE WILL MEET YOUR EXPECTATIONS AND, AND
(v) ANY ERRORS IN THE PRODUCT SCHOOL SERVICE WILL BE CORRECTED; AND
(C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCT SCHOOL SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
Limitation of Product School Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU, OR ANYONE ELSE, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PRODUCT SCHOOL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PRODUCT SCHOOL SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE PRODUCT SCHOOL SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE PRODUCT SCHOOL SERVICE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE PRODUCT SCHOOL SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT POSSIBLE BY LAW, OUR MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT SCHOOL SERVICE OR YOUR USE OF PRODUCT SCHOOL CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.
You agree to defend, indemnify, and hold harmless the Released Parties from and against any and all claims, actions, liabilities, damages, losses, costs, fees, expenses or demands, including, without limitation, reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any Product School Content, or (iii) any of Your User Content, (iv) your violation of any person’s intellectual property, privacy, publicity or other right, (v) the violation of any applicable laws and/or these Terms by you and/or anyone using your log-in credentials to access and otherwise use the Product School Service (in whole or in part), (vi) the breach of any of your warranties, representations, responsibilities or other obligations set forth in these Terms, and/or (vii) the willful misconduct of you or anyone accessing the Product School Service using your log-in credentials. We shall provide notice to you promptly of any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. This provision shall remain in full force and effect notwithstanding any termination of your use of the Product School Services.
Product School is not your Attorney or Financial Advisor
Do not contact Product School for legal and/or financial advice. You agree and acknowledge that Product School, and its Instructors, are not a law firm and are not authorized to practice law in any jurisdiction. Product School does not give legal advice in any form or practice law in any way and nothing in these Terms shall be construed as such. Any information obtained from or through the Product School Service is for informational purposes only, and you are solely responsible for confirming the accuracy and the appropriateness of such information for your own business or venture with your own tax, financial and legal advisors. Product School, and its Instructors, are not establishing an attorney-client relationship with you through your use or access of the Product School Service.
Updated and Effective: September 1, 2018
Terms and Conditions – Corporate Training
These terms and conditions supplement each corporate training agreement (Training Agreement) and are incorporated by reference thereto. All capitalized terms used herein and not defined herein have the meanings ascribed thereto in the Training Agreement.
1. Services Provided
The Company shall be responsible for providing the services to the Client set forth in the Training Agreement (the Services). The Parties hereby agree that the Company shall perform no services except the Services. The Parties agree that they will enter into a separate written agreement with respect to any other services which either Party offers to the other.
The Client shall pay the Company the amounts set forth on Exhibit A attached hereto, payable as set forth on Exhibit A attached hereto (the Compensation). The Parties hereby that such Compensation shall constitute the full and total amount of monetary consideration due to the Company under this Agreement, and the Client shall not be required to withhold any taxes required to be paid in connection with such Compensation, and the Company agrees and covenants that it will make any and all necessary payments of Federal, state or local taxes required to be paid in connection therewith. The Client hereby agrees that the payment of undisputed amounts not received within ten (10) Business Days of the due date of the invoice shall bear interest at one and one-half percent (1.5%) per month. In the event of a default in the payment of an invoice, the Client shall be responsible for the Company’s costs of collection, including, but not limited to, court costs, filing fees, and reasonable attorney and collection agency fees.
The Company shall be solely responsible for determining the method, details and means of performing the Services performed hereunder. Neither the Company nor any agent or employee of the Company has authority to enter into contracts that bind the Client or create obligations on the part of the Client without the prior written authorization of the Client. The Parties hereby agree that the Company may, in its sole and absolute discretion, determine which of its employees and agents are made available with respect to the performance of the Services, and may change such employees or agents at any time thereafter in the Company’s sole and absolute discretion; provided, however, that in the event that the Client is unhappy with any employee or agent of the Company provided to perform all or a portion of the Services, the Client will notify the Company of the same and the Company will make good faith commercially reasonable efforts to correct any problems or, if necessary, provide replacement employees and/or agents. Notwithstanding any of the foregoing, the Parties hereby agree that the Company shall have no obligation to take any steps to replace any employee or agent if the Company reasonably believes that the cause for such request was in violation of any applicable law or premised on any discrimination on the basis of sex, sexual orientation, age, religion, race, ethnic origin or disability.
4. General Terms and Conditions
The Parties hereby agree that nothing contained in this Agreement is intended to create a partnership, joint venture or other legal entity and that neither Party shall in any way represent to any third Person that a partnership, joint venture or other legal entity has been formed as a result of this Agreement or the Parties relationship hereunder generally.
5. Limitation on Liability
IN NO EVENT SHALL EITHER PARTY HAVE THE RIGHT TO RECEIVE CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES PURSUANT TO THIS AGREEMENT EXCEPT FOR VIOLATIONS OF THE LICENSE (AS DEFINED IN THE TRAINING AGREEMENT) OR SECTION 8 OF THESE TERMS AND CONDITIONS. EXCEPT AS OTHERWISE EXPLICITLY SET FORTH IN THIS AGREEMENT, THE COMPANY HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO ANY OF ITS SERVICES OR PRODUCTS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ALL SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS ONLY.
6. Limitations on Amendments
The Parties hereby agree that, unless the Company elects otherwise in its sole and absolute discretion, the following limitations apply to amendments to the terms pursuant to which the Company performs its Services pursuant to this Agreement:
The Parties agree that the Company will rely on the scope of work initially agreed upon between the Company and the Client for provision of the Services pursuant to this Agreement and any change will cause the Company to suffer material losses. As a result, the Parties agree that the Client may change the scope of work (including, but not limited to, changing the dates or times for the performance of Services, changing the content of the course or its syllabus, or changing the materials required) for the performance of the Services only if it agrees to reimburse the Company for such losses, with a minimum cost in any event of an additional 10% (ten percent) to the original Compensation specified in this Agreement.
The Parties agree that the Company has fixed costs and will suffer material losses that cannot be mitigated if the time allocated to the provision of the Services or class size is reduced. As a result, the Parties hereby agree that any such reductions will not reduce the Compensation due to the Company in connection with this Agreement.
The Parties agree that the Client may increase the duration of the course and/or the size of classes offered if the Company is able to accommodate such expansion. In the event that the Company agrees to such expansion and unless otherwise agreed by the Parties, rates will be increased based on the initial rates per person (for increases in class size) or per day (for increases in duration).
7. Ownership of Intellectual Property
The Parties hereby agree that, notwithstanding the grant of the License set forth in the Training Agreement, above, the Company remains the sole owner of all right, title and interest in and to the Company’s services and products, and all brand names, trademarks, tradenames, service marks and/or copyrights associated with the Company’s business, including any videos, photographs, brochures or other media (in any form whatsoever, whether now known or hereafter existing), whether produced before or after the provision of the Services or created during the performance of the Services or incidental thereto, in any form or medium whatsoever.
8. Protection of Company Assets
The Parties understand and agree that the Company has invested considerable time and effort in preparing its materials and in identifying and working with instructors to provide the Services, and that the Company is entering into this Agreement in reliance, upon other things, of the Client’s agreement not to take any actions that would cause harm to the Company in this regard. As a result, the Client hereby agrees that (a) at no time will it transfer, reproduce, copy or otherwise disseminate any recording of any portion of the Services or any other property of the Company in any form or medium whatsoever, or permit any other Person to transfer the same, other than temporary transfers to its employees and agents and on the express written understanding that any individual receiving such materials is responsible for not disseminating them and for returning any copies in such individual’s possession upon request by the Client; (b) the Client will enforce the limitations referenced in subsection (a), above, with the same diligence and promptness with which it would enforce limitations on its own proprietary and/or confidential information; and (c) during the Term of this Agreement and, following termination of this Agreement, for a period of 6 (six) months following such date of termination (whether by contract, operation of law, or otherwise), the Client shall not, without the express prior written permission of the Company, individually or in association with any other Person, directly or indirectly engage in any business (whether as an employee, consultant, director, partner, member, owner or shareholder) any instructor engaged or employed by the Company to perform instructional services that are substantially similar to the Services provided pursuant to this Agreement.
The Parties hereby agree that because the measure of damages is difficult to ascertain, in the event the Client breaches or attempts to breach any of the provisions set forth in Section 8, the Company shall be entitled to obtain injunctive relief, specific performance, and all other equitable remedies, damages (including special, punitive or consequential damages and reasonable attorneys’ and court fees), and all other rights and remedies provided in equity, in each case without the necessity of posting of any bond or demonstrating the actual measure of loss. The Parties hereto agree that this Section 8 constitute fair and reasonable restrictions, and that such provisions are reasonably required for the protection of the Company’s interests. The Parties further agree that in the event any of the prohibitions or restrictions set forth in this Section 8 are found by a court or arbitrator of competent jurisdiction to be unreasonable or otherwise unenforceable, it is the purpose and intent of the Parties that any such prohibitions or restrictions be deemed modified or limited so that, as modified or limited, such prohibitions or restrictions may be enforced to the fullest extent possible.
The representations, warranties, covenants and other agreements contained in this Section 8 shall survive execution of this Agreement.
No amendment or waiver of any provision of this Agreement shall in any event be effective unless the same shall be in writing and signed by both the Parties hereto, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and permitted assigns. This Agreement may not be assigned by either Party without the prior express written consent of the other Party. Any purported assignment in violation of this Section 9 shall be deemed null and void ab initio and of no legal force or effect.
10. Governing Law
This Agreement shall be construed in accordance with, and this Agreement and all matters arising out of or relating in any way whatsoever (whether in contract, tort or otherwise) to this Agreement shall be governed by, the law of the State of California.
11. Binding Arbitration; Venue; Waiver of Jury Trial
Any dispute, claim or controversy arising out of or relating to this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in the City of California before JAMS by a single JAMS arbitrator pursuant to the Expedited Rules and Procedures of JAMS. The arbitrator shall have the authority, in his sound discretion, to order the Parties to engage in good faith mediation of any dispute.
Awards granted hereunder shall be in writing and shall contain a discussion of the legal and factual issues being addressed, as well as the rationale of the arbitrator(s). Judgment on the award may be entered in any court of competent jurisdiction. Nothing herein shall preclude Parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction as set forth above. The Parties shall bear their own legal fees and costs incurred in connection with any arbitration. Forum fees shall be borne equally among the Parties. Each Party shall pay its share of the forum fees when due. If a Party should fail to pay its forum fees when due, the arbitrator is authorized, on motion, to grant provisional relief requiring that party to pay such forum fees.
Except as set forth above, The Parties hereby irrevocably submit to the exclusive jurisdiction of any California State or Federal court sitting in the City of San Francisco in any action or proceeding arising out of or relating to this Agreement, and the Parties hereby irrevocably agree that all claims in respect of such action or proceeding may be heard and determined in such California State or Federal court. The Parties hereby irrevocably waive, to the fullest extent that they may legally do so, the defense of an inconvenient forum to the maintenance of such action or proceeding.
EACH PARTY HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT THAT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY). Each Party hereby (i) certifies that no representative, agent or attorney of the other has represented, expressly or otherwise, that the other would not, in the event of a proceeding, seek to enforce the foregoing waiver and (ii) acknowledges that it has been induced to enter into this Agreement by, among other things, the mutual waivers and certifications in this Section 11.
This Agreement is solely for the benefit of the Parties, and each Party hereby agrees that nothing in this Agreement shall entitle any Person other than the Parties to any claim, cause of action or right of any kind. This Agreement may be signed in any number of counterparts, each of which shall be an original, with the same effect as if the signatures thereto and hereto were upon the same instrument. Delivery of an executed counterpart of an electronic signature page to this Agreement in PDF format shall be effective as delivery of a manually executed counterpart of this Agreement. This Agreement will not be effective until each Party has executed one counterpart. The various headings of this Agreement are inserted for convenience only and shall not affect the meaning or interpretation of this Agreement or any provisions hereof. Any provision of this Agreement or any other document or instrument provided for herein or therein which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions thereof or affecting the validity or enforceability of such provision in any other jurisdiction. This Agreement constitutes the entire agreement between the Parties pertaining to the subject matter hereof, and supersede all prior agreements, understandings, negotiations, and discussions, whether oral or written, of the Parties pertaining to the subject matter of this Agreement. The language used in this Agreement will be deemed the language chosen by the Parties to express their mutual intent, and no rules of strict construction will be applied against either Party.
Updated and Effective: December 12, 2018