Last updated: December 30, 2019
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
When you access or use the Service, you agree to these Terms. If you disagree with any part of the Terms then you do not have permission to access or use the Service.
By subscribing or creating an Account through the use of the Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us. To unsubscribe, simply follow the unsubscribe link or instructions provided in subscribed emails we send to you.
If you wish to purchase any product or service made available through the Service (“Purchase”), we may ask you to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that
- you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that
- the information you supply to us is true, correct and complete.
In addition, we reserve the right to refuse or cancel your order at any time for reasons including but not limited to
- product or service availability,
- errors in the description or price of the product or service,
- error in your order or other reasons.
Likewise, we reserve the right to refuse or cancel your order if we suspect fraud or an unauthorized or illegal transaction.
Availability, Errors, and Inaccuracies
We routinely update product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors, inaccuracies, and may not be complete or current. We might inadvertently price products or services incorrectly, describe them inaccurately, or they might be unavailable on the Service. Therefore, we cannot guarantee the accuracy or completeness of any information found on the Service.
Moreover, we reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Contests, Sweepstakes, and Promotions
We may offer some parts of the Service on a subscription basis (“Subscription(s)”). In such case, we will bill you in advance on a recurring and periodic basis (“Billing Cycle”). Please note that we use an annual Billing Cycle for fee-based subscriptions.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or we cancel it, or we have updated the subscription terms. You may cancel your Subscription renewal either through your online account management page or by contacting us at firstname.lastname@example.org.
We require a valid payment method, including credit card or PayPal, in order to process the payment for your Subscription. You must provide us with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize us to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, we will issue an electronic invoice indicating that you must settle manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Picea Consulting Services LLC, in its sole discretion and at any time, may modify the fees for Subscriptions that involve a fee. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
We will provide you with a reasonable prior notice of any change in Subscription fees (if applicable to you) to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Paid Subscription Fees
- Except when required by law, paid Subscription Fees (if applicable to you) are non-refundable.
Paid Webinars and Registration Fees
- Paid registration fees for live webinars are refundable if you cancel your registration at least 7 days prior to the scheduled date of the affected live webinar. Please note that the webinar fee is non-refundable if you register and pay the webinar fee within 7 days prior to the webinar date. To cancel your registration for a live webinar, please contact us at email@example.com.
- Paid registration fees for on-demand webinars are non-refundable.
- Paid registration fees for canceled webinars are refundable. Should we cancel a live or on-demand webinar for which you have registered and paid the registration fee, we will fully refund your registration fee for the canceled webinar.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, you represent and warrant that
- the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and
- that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.
We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third-party posts on or through the Service.
However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
Picea Consulting Services LLC has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property of Picea Consulting Services LLC or used with permission. You may not distribute, modify, transmit, reuse, download, re-post, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. In addition, you agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. Likewise, you must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Furthermore, you may not use as a username the name of another person or entity or a name that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Picea Consulting Services LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. You may not use our trademarks and trade dress in connection with any product or service without the prior written consent of Picea Consulting Services LLC.
Links to Other Websites
Our Service may contain links to third-party websites or services that we do not own or control. As a result, Picea Consulting Services LLC cannot have control over and cannot assume responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities and individuals or their websites.
You acknowledge and agree that Picea Consulting Services LLC 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 third-party websites or services.
We strongly advise you to read the terms and privacy policies of any third-party websites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Picea Consulting Services LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of
- your use and access of the Service, by you or any person using your account and password;
- a breach of these Terms, or
- Content posted on the Service.
Limitation of Liability
In no event shall Picea Consulting Services LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from
- your access to or use of or inability to access or use the Service;
- any conduct or content of any third party on the Service;
- any content obtained from the Service; and
- unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. We provide the Service on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Picea Consulting Services LLC its subsidiaries, affiliates, and its licensors do not warrant that
- the Service will function uninterrupted, secure or available at any particular time or location;
- any errors or defects will be corrected;
- the Service is free of viruses or other harmful components; or
- the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of the State of Oregon, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.