The Supplier licenses training and educational materials for exhibition or use by customers for the education and/or training of themselves, their own employees, or persons exclusively engaged by them as follows.
- License: The rights as set out below with the terms and period specified in this document and the relevant Order Form.
- Licensee: The purchasing organization as specified in the relevant Order Form.
- Product: The product(s) specified in the relevant Order Form (including any accompanying or ancillary materials supplied with such product).
- Supplier: Prositions, Inc., is an Iowa Corporation having its principal place of business at 5550 Wild Rose Lane, Suite 400, West Des Moines, IA 50266. 877-244-8848
This document sets out the terms and conditions on which the Supplier licenses its training DVD/USB Product for use by the Licensee. Please read these terms and conditions carefully before ordering/purchasing any Products. By purchasing and taking acceptance of the Product the Licensee understands and agrees to be bound by these terms and conditions.
- License Terms: These are the terms and conditions (“Terms”) for an agreement whereby the Licensee agrees to apply for, and the Supplier agrees to supply to the Licensee, one or more Products and whereby the Supplier agrees to license such Product(s) on a non-exclusive basis to the Licensee, subject to the terms of the License. All rights not expressly granted to the Licensee in these Terms are reserved to the Supplier. Policies are subject to change without notice.
- Permitted Use: The Licensee may use or make available the Product for education and training purposes to its officers, employees, and those persons whose services are contracted principally to the Licensee (“Permitted Users”). The License does not extend to other companies, organizations, individuals, partnerships, or LLCs, whether or not connected or associated with Licensee, franchisee or otherwise, or officers or employees of such companies or organizations. In the case of a training consultant, Permitted Users shall include the consultant’s bona fide clients, provided that any audiovisual Product remains in the possession, and under the control, of the consultant at all times. If you are a reseller, self-employed trainer or training, education or development organization you must obtain special licensing rights from Supplier. These rights are NOT included in this agreement.
- Price and payment: The price of any Products will be as quoted on the Order Form. The prices will include payment terms, conditions, and other relevant use and licensing information. Terms and conditions, pricing, and other policies may be subject to change without notice. Please contact the Supplier or your approved reseller to obtain current pricing information.
- Evaluation Copies: Where a Product is sent to the Licensee for evaluation purposes, the Licensee may only use such Product for such purpose and shall not use or make it available to any person (including a Permitted User) except those involved in such an evaluation. The evaluation period will commence on the date of delivery and expire in 7 calendar days.
- Restrictions on Duplication and Dealing: The Products comprise the intellectual property either of the Supplier and/or one or more third parties and are protected by law. The Licensee shall not (i) copy or duplicate a product in whole or in part (except as may be required to install in a DVD/USB format, or as specifically permitted in copies of printed materials supplied or otherwise permitted by the Supplier in writing), (ii) edit, amend, or add to a Product or incorporate it with other material, or (iii) sell, rent, lend, give, or sub-license the Product (whether for reward or otherwise).
- Other Restrictions: The Licensee shall not charge an admission fee for a Product or advertise its use outside the Licensee’s organization, and shall only make an audiovisual Product available at any one time on a single TV, monitor, projector, or computer screen and shall not exhibit or disseminate a Product by any means of Internet, terrestrial, satellite, cable or other broadcast or by any means of network or electronic transmission without the written agreement of the Supplier.
- Shipping Policy: Supplier’s standard method of shipping is UPS GROUND. Other methods are available including UPS 3-day, 2-day, and Overnight and may be specified upon purchase at additional cost. Contact Supplier to have products shipped by other carriers including Fed Ex, and USPS. Supplier can also ship to internationally specified locations. Extra shipping and handling may apply for international shipments. Orders for the USA received before 12:00 p.m. (noon) CST can be eligible for same-day shipping. Arrangements can be made for same-day shipping after the noon cut-off for an additional rush fee. If you have questions about shipping please contact Supplier during business hours.
- Return Policy: All sales are final.
- Warranties: Supplier guarantees its products are free from defects in material and workmanship. If you believe a product is defective, Supplier may replace that product at no additional cost within 12 months of the original purchase. Contact your sales representative or use the contact information on the Supplier’s website.
- Copyright Warning: Duplication of the copyrighted material on the Product or accessible via other digital means or any part thereof without written permission of the Supplier constitutes a violation of Federal Law. Criminal copyright infringement is investigated by the F.B.I. and may constitute a felony with a maximum penalty of up to 5 years in prison and/or a $250,000 fine. The programs contained on this Product or other files are for educational purposes only. Nothing herein is to be regarded as indicating approval or disapproval of any specific product or practice.
- Permission to Reproduce: Permission to reproduce or transmit in any form or by any means, electronic or mechanical, including photocopying, and recording, screen grabs, and recordings, or by an information storage and retrieval system, must be obtained in writing from the Supplier.
- No Warranty: The information contained on this Product and related materials are subject to change without notice. Supplier, its executives, and directors, the content producers, publishers, master distributors or authors make no warranty of any kind with regard to this material, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, including training or workforce development. The above parties make no guarantee or take any responsibility for omissions or errors contained herein or for incidental or consequential damages in connection with the furnishing, performance, or use of this material in any manner whatsoever. It is incumbent upon the Licensee to make sure that the content is correct, legal, applicable and suitable for its intended audiences.
- Security Statement: Supplier exercises generally accepted security methods to keep Licensee’s and Permitted User’s information safe and secure by using SSL software and other standard industry security methods. Credit card information given to the Supplier is used for e-commerce purposes only and is processed using methods compliant with generally accepted security practices.
- Severability: If any of these terms and conditions or any provisions of an Order Form are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- Entire Agreement: These terms and conditions and any document expressly referred to in them constitute the whole agreement between Licensee and Supplier and supersede any previous arrangement, understanding or agreement between the parties, relating to these terms and conditions or the subject matter of any Order Form.
- Law and jurisdiction: These terms and conditions and Order Form and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by the laws of the State of Iowa. Any dispute or claim arising out of or in connection with these terms and conditions or such Order Forms or their formation (including non-contractual disputes or claims) shall be subject to the exclusive Jurisdiction of the courts of Iowa.