Privacy Notice
This privacy notice describes how ProTrainings LLC and our Affiliates (collectively referred to in this privacy notice as "ProTrainings," "we," or "us") collects, uses, and discloses your personal information both offline and on the websites, apps, and services where this privacy notice appears or is referenced.
By accessing a ProTrainings website, app, or service from which this privacy notice is referenced, you confirm that you have read, understand, and acknowledge the terms of this privacy notice. This privacy notice is not a contract and does not create any legal rights or obligations.
If you are a California resident, see Your California Privacy Rights section for information provided pursuant to the California Consumer Privacy Act, including how to request that we not "sell" or "share" your personal information by in Your Privacy Choices section.
PERSONAL INFORMATION COLLECTED
ProTrainings (and the vendors and other parties we use to perform services on our behalf) collect, receive, and develop several categories of personal information about you depending on the nature of your interactions with us. For example:
We collect Contact Information and Other Identifiers. For example, we may collect your name, email address, account username and password, alias, government-issued ID (including, for example, driver’s license), social media account handles, phone number, date of birth, and mailing address.
We collect Commercial, Customer Records, and Preference Information. For example, we may collect information about your trainings you have attended, training you have registered interest in, and other preferences. We may also collect your comments that you post on our websites or blogs and your responses to surveys you complete.
We collect information regarding the use of our services or devices. If you use some of our services or attend some of our training in-person or virtually, we may capture information about or related to your participation in the training, which may also include
the collection of physical attributes or actions taken during the training to assess your understanding of the training materials. For example, we may measure physical attributes to assess how well you are performing during the CPR training.
We collect Device, Internet, and Network Activity Information. For example, if you use our websites or apps, we may collect information about the browser, device, and operating system you are using, signal strength, device identifiers, MAC address, and your IP address. We might collect information at the site you came from, or the site you visit when you leave us. We may collect and record page and app interaction information and other electronic communications and content from your use of the site and app (such as content entry, mouse movements, screen captures, the date, time, and location of your visit, what areas of the websites you visit and for how long, what search terms or other data you enter, and what products or content or links you view and click on), and methods used to browse away from the page. If you use our mobile apps, we may also look at how often you use the app and where you downloaded it. We may also embed technologies (which may include, for example, web beacons, tags, and pixels) in the emails and other communications we or our vendors send to you to help us understand how you interact with those messages, such as whether and when you opened a message or clicked on any content within the message.
We collect Location Information. We may automatically collect your precise GPS location when you access our apps or our websites. We also collect information about your general location, using your zip code or postcode and IP address.
We collect Demographic Information. We may collect information like your ethnicity, sex, gender, birth date, age, language spoken, or disability.
We collect Payment Information. For example, we collect your credit and debit card, bank account information, and other payment details if you make a purchase or sign up for or through some of our services.
We collect and develop Inferences. Using the other pieces of personal information collected about you, we may draw inferences about you, reflecting what we believe to be your preferences, characteristics, predispositions, and attitudes.
We collect Information You Submit, Provide, or Post. For example, we collect feedback and any other information you provide when you contact us.
Some of the information we collect may be considered sensitive information in certain jurisdictions, including, for example, username and password; precise geolocation data; certain demographic information like race and ethnicity; union membership; government issued ID number; health-related information; and biometric identifiers used for access purposes.
USE OF PERSONAL INFORMATION
We use the above-referenced categories of personal information for the following purposes:
We use information to provide our services and fulfill transactions. For example, we use information in connection with the management, operation, and delivery of training services. We also use information to fulfill your requests and provide you with products and services.
We use information for marketing purposes. For example, we might use personal information in connection with special promotions or offers. We might also use this information to send push notifications on our apps and to serve you ads about our products and offers. We might tell you about new features or services. These might be our own offers or products, or third-party offers or products we think you might find interesting. You may opt-in to receive our email newsletters or to receive text messages from us.
We use information to provide support and to respond to your requests or questions. We use information to contact you in response to your feedback or other matters related to our relationship with you (such as about this privacy notice or our Terms of Use). If your inquiries or feedback relate to your account or the services you have obtained from us, we may also use your information to address the matter.
We use information to test, develop, analyze, improve, and provide our products and services. For example, we may use your information to make our websites, apps, services,
and products better. We might use your information to customize your experience with us and to conduct research and analysis.
We use information to comply with our obligations, administer our websites and services, and for internal operations. For example, we use personal information to administer the websites, such as troubleshooting, data analysis, and testing. We also use personal information when onboarding and interacting with vendors.
We use information for security, safety, compliance, and due diligence purposes. For example, we may use personal information to protect our company, customers, business partners and their respective personnel. We may also use personal information to protect our websites, apps, or services, as well as to detect and investigate activities that may be fraudulent, or otherwise illegal or prohibited (such as cybersecurity events or fraudulent transactions).
SOURCES OF PERSONAL INFORMATION
We and our vendors collect personal information about you from various sources, directly and indirectly, including from the following sources:
We collect personal information directly from you. For example, we collect information if you sign up for an account, register for the services, participate in a promotion, contact us, sign up for our text and other messages, or sign up for emails from us. We also collect any personal information you provide if you post a comment, make a request, or complete a survey.
We collect personal information from your devices. We use tracking tools like browser cookies and web beacons to passively collect information about you. We collect information using these tracking tools when you interact with our websites, apps, ads, or emails that we or our vendors send to you. This information may include your location, MAC address, signal strength, date/time stamp, wireless access point location (which can be associated with a physical location), device manufacturer and operating system.
We receive personal information from vendors we hire to work on our behalf. For
example, vendors that host or maintain our websites and apps or send promotional emails for us may give us information.
We receive information about you from other sources. Other parties may give us personal information about you. These other parties might include business and marketing partners and social media platforms that give us information they have collected either directly or indirectly from you. We may also receive personal information from your employer if your employer signs you up for our services.
We combine information. We may combine information that we have collected offline with information we collect online. Or we may combine information we get from another party with information we already have. We may also aggregate your information with other individuals’ information to understand preferences and trends over time.
DISCLOSURE OF PERSONAL INFORMATION
We may disclose each category of personal information within our family of companies. This includes our subsidiaries, affiliates, and business units. We share personal information within the ProTrainings family of companies for all purposes described in this privacy notice.
We disclose your personal information to vendors and service providers who perform services on our behalf. We may share personal information with vendors who assist us with the uses of personal information described in this privacy notice. This may include vendors who send emails for us, help us manage and operate our websites and apps, provide advertising or marketing services or place our advertisements on other platforms, provide analytics and search engine support, track advertising impressions, investigate and prevent data incidents, provide physical and digital security services, audit our business and financial statements, and provide legal advice. Personal information received by vendors and service providers may also be subject to their privacy policies.
We will disclose your personal information for safety and security purposes, if we think we have to in order to comply with the law, or to protect ourselves, our properties, our customers and others. We may disclose any or all personal information to respond to a court order or subpoena. We may also disclose any or all personal information
if a government agency or investigatory body requests it. We might disclose your personal information in order to enforce our agreements and to protect our rights and/or the rights of others. We might disclose your personal information when we are investigating a potential incident or fraud.
We may disclose your personal information as part of a transaction, financing, due diligence or for other business needs. For example, if ProTrainings sells any of its businesses or assets, applies for loans, or opens bank accounts, we may disclose your personal information to the prospective buyer, lender or bank, as the case may be, as part of certain due diligence processes. We also share information for the purpose of management and administration of ProTrainings' business.
We may disclose your personal information with a successor to all or part of our business. If part of our business (including any of our affiliates, divisions, and business units) is acquired by a third party, we may include personal information as part of that transaction, which may include some or all categories of your personal information. We may also share your personal information if there is a change to our corporate structure. We may also share your information with others as they conduct diligence of our corporate changes.
We may share personal information for other reasons we may describe to you from time to time or as permitted or required by law.
YOUR CHOICES RELATED TO YOUR PERSONAL INFORMATION
You can opt out of receiving our marketing emails and text messages. To stop receiving our promotional emails, you can follow the instructions in any promotional message you get from us. If you receive promotional text messages from us, you may opt out by replying “STOP”. Even if you opt out of getting marketing messages, we will still send you transactional messages. These include responses to your questions.
You can control certain location and other tracking tools. To control the collection of your precise location on your mobile device, you can adjust the settings on your mobile device, such as by disabling location services and turning off the Bluetooth and Wi-Fi. You can control certain cookies and tracking tools. Your browser may give you the ability to
control cookies or other tracking tools. How you do so depends on the type of tool. Certain browsers can be set to reject browser cookies.
We and third-party advertising networks, social media companies, and other services may collect information about your use of our websites and apps over time so that they or we may display interest-based advertising using information gathered about you over time across multiple websites or other platforms. To do this, we and our vendors use several tracking tools, such as browser cookies, web beacons, and other technologies. You can visit www.aboutads.info/choices and https://optout.privacyrights.info/ to opt out of certain uses of cookies for advertising purposes. We use Google Analytics to better understand how our users interact with our websites and we may use Google Analytics Advertising Features for advertising and marketing purposes. You can learn about Google Analytics’ currently available opt-outs at https://tools.google.com/dlpage/gaoptout/ and manage the information collected through Google Analytics Advertising Features through the settings on the relevant browser or device being used.
We also use Google Ads Enhanced Conversions to improve the accuracy of our advertising. When you complete actions on our website (such as making a purchase or submitting a form), we may collect first-party data, such as your email address or phone number, which is securely hashed and sent to Google. This allows us to better measure ad performance and provide more relevant advertising. The data is used in accordance with Google's Privacy Policy.
Some browsers have “do not track” features that allow you to tell a website not to track you. These features are not all uniform. We do not currently respond to those signals. If you block cookies, certain features on our site may not work. If you block or reject cookies, not all of the tracking described here will stop.
Options you select and choices you make are browser, website and device specific. If you clear your cookies or your browser’s cache, you will need to set your preferences again.
U.S. PRIVACY RIGHTS
Your California Privacy Rights.
If you are a California resident, please note the following regarding how we collect, use, and disclose your personal information as described in this privacy notice, including in the previous 12 months:
We may collect, use, and disclose for our business and commercial purposes, categories of personal information as set forth in applicable California law, including: Identifiers; payment and customer records information; characteristics of protected classifications under California or federal law (such as demographic information like age, gender, and disability); commercial information; professional or employment information; internet or other electronic network activity information; geolocation data; education information; audio, electronic, visual, thermal, or similar information; biometric information; inferences; and sensitive personal information. See the PERSONAL INFORMATION COLLECTED section above for additional detail.
We collect and use these categories of personal information for the business and commercial purposes described in USE OF PERSONAL INFORMATION section of this privacy notice.
We collect these categories of personal information from the sources described in the SOURCES OF PERSONAL INFORMATION section of this privacy notice.
We may disclose each of the foregoing categories of personal information for the business and commercial purposes described in the USE OF PERSONAL INFORMATION section of this privacy policy to the extent permitted by applicable law to the categories of parties as described in DISCLOSURE OF PERSONAL INFORMATION section of this privacy policy.
We may “sell” or “share” categories of personal information, including: Identifiers; internet or other electronic network activity; geolocation data; and inferences. We may “sell” or “share” these categories of Personal Information to the categories of third parties described in the DISCLOSURE OF PERSONAL INFORMATION section of this privacy notice for the purposes described in the USE OF PERSONAL INFORMATION of this privacy notice.
We may collect, use, and disclose for our business and commercial purposes described in
the USE OF PERSONAL INFORMATION section of this privacy notice the following “sensitive personal information” (as defined in the California Consumer Privacy Act): username and password; driver’s license or state identification card; precise geolocation; race, ethnicity, and union membership; and biometric information.
We keep personal information as long as it is necessary or relevant for the practices described in this privacy notice, including, for example, for legal compliance, dispute resolution, contract enforcement, backup, archival, and other internal operations purposes. We also keep information as otherwise required by law.
If you are a California resident, you can make the following requests with respect to their personal information:
- Access – You can request that we disclose to you the categories of personal
information we collected about you, the categories of sources from which we collected the personal information, the categories of personal information we sold, shared, or disclosed, our business or commercial purpose for collecting, selling or sharing the personal information, the categories of third parties to whom we disclosed the personal information, and the specific pieces of personal information we collected about you.
- Deletion – You can request that we delete your personal information that we
maintain about you, subject to certain exceptions.
- Correct – You can request that we correct inaccurate personal information that we
maintain about you, subject to certain exceptions.
- Limit the Use/Disclosure of Sensitive Personal Information – You can request
that we limit the use or disclosure of your sensitive personal information to those purposes set forth in applicable California law, subject to certain exceptions.
- Do Not Sell or Share My Personal Information – You can request that we not sell or
share your personal information. For purposes of this section, “sell” means the sale of your personal information to an outside party for monetary or other valuable consideration, and “share” means the disclosure of your personal information for
cross-context behavioral advertising purposes, subject to certain exceptions set forth in applicable California law. You can visit www.aboutads.info/choices and https://optout.privacyrights.info to opt out of certain uses of cookies for advertising purposes. Your selections are specific to the device, website, and browser you are using. Your selections are deleted whenever you clear your cookies or browser’s cache. We do not knowingly sell or share the personal information of minors under 16 years of age.
ProTrainings will not discriminate against you because you made any of these requests.
California residents can make these requests online by emailing us at support@protrainings.com or by calling us at (888) 406-7487. We may deny certain requests, or fulfill a request only in part, based on our legal rights and obligations. For example, we may retain personal information as permitted by law, such as for tax or other record keeping purposes, to maintain an active account, and to process transactions and facilitate customer requests. Except as otherwise provided by applicable California law, note that for purposes of these requests under this section, personal information does not include information we have collected as a service provider to our clients.
We will take reasonable steps to verify your identity prior to responding to your requests. For example, we may utilize a third-party verification provider to assist with verifying your identity. The verification steps may vary depending on the sensitivity of the personal information and whether you have an account with us.
California residents may designate an authorized agent to make a request on their behalf. When submitting the request, please ensure the authorized agent is identified as an authorized agent.
If you reside in California, you also have the right to ask us one time each year if we have disclosed personal information to third parties for their direct marketing purposes. To make a request, please send us an email, or write to us at the address listed in the Contact Us Section below. Indicate in your letter that you are a California resident making a “Shine the Light” inquiry.
Your Colorado, Connecticut, Delaware, Iowa, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Texas, Utah and Virginia Privacy Rights.
If you are a resident of Colorado, Connecticut, Delaware, Iowa, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Texas, Utah or Virginia, you may make certain requests with respect to your personal information in accordance with applicable law, including:
- Access Confirmation, Deletion, Correction Requests: Subject to exceptions
under the law, you may request that we confirm whether we process your personal information, and you may further request access to, or deletion of, your personal information. You may also request that we correct inaccurate personal information that we maintain about you.
- Opt-Out of Sale: You may request to opt-out of the “sale” (as defined in applicable
state law) of your personal information.
- Opt-Out of Targeted Advertising: We may use personal information obtained from
or in connection with your activities across unaffiliated sites to send more relevant advertising to you. You can request that we stop using your personal information for such targeted advertising.
To exercise your Colorado, Connecticut, Delaware, Iowa, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Texas, Utah or Virginia privacy rights, residents can make these requests by emailing us at support@protrainings.com or by calling us at (888) 406- 7487.
We may "sell" certain categories of personal information in the PERSONAL INFORMATION COLLECTED section of this privacy notice. We may "sell" these categories of personal information to the categories of parties described in the DISCLOSURE OF PERSONAL INFORMATION section of this privacy notice, including for the advertising, promotional, and other purposes described in the USE OF PERSONAL INFORMATION section of this privacy notice. For purposes of this paragraph, "sell" means the sale of your personal information to a third party for monetary or other valuable consideration, subject to certain exceptions set forth in applicable state laws. You can visit www.aboutads.info/choices and https://optout.privacyrights.info to opt out of certain uses of cookies for advertising purposes. Your selections are specific to the device, website, and browser you are using. Your selections are deleted whenever you clear your cookies or browser’s cache.
We will take reasonable steps to verify your identity prior to responding to your requests. The verification steps will vary depending on the sensitivity of the personal information and whether you have an account with us. If you are a resident of Colorado, Connecticut, Delaware, Iowa, Montana, Nebraska, New Hampshire, New Jersey, Oregon or Texas, you may designate an agent to submit an opt-out of sale and opt-out of targeted advertising request on your behalf. Proof to verify your identity and the authorized agent’s authority to submit requests on your behalf are required, or we may deny the request. We use commercially reasonable efforts to authenticate your identity and the authorized agent’s authority through the written documentation provided in connection with the opt-out request in accordance with this privacy notice. We may deny certain requests, or fulfil a request only in part, based on our legal rights and obligations. If you are a resident of Colorado, Connecticut, Delaware, Iowa, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Texas or Virginia and are not satisfied with the outcome of your request, you may submit an appeal by sending an email to support@protrainings.com with “Data Privacy Appeal” in the subject line.
Your Nevada Privacy Rights.
If you are a Nevada resident, you can request that we not “sell” your “covered information” (as defined in applicable Nevada law). You can make these requests by emailing us at support@protrainings.com or by calling us at (888) 406-7487.
DATA RETENTION
ProTrainings keeps personal information as long as it is necessary or relevant for practices described in this privacy notice., including, for example, legal compliance, dispute resolution, contract enforcement, backup, archival, and other internal operations purposes. We may also keep information as required by law. We may retain personal information about you provided to us by our integration partners. How long we retain your personal information depends on the type of data and the purpose for which we process the data. We will retain your personal information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.
SECURITY
The Internet is not 100% secure. We cannot promise that your use of our websites, apps, or services will be completely safe. Any transmission of your data to our websites or apps is at your own risk. We encourage you to use caution when using the Internet.
While we take precautions to protect your information, the Internet is not 100% secure. We cannot promise that your use of our websites, apps, or services will be completely safe. Any transmission of your data to our websites or apps is at your own risk. We encourage you to use caution when using the Internet.
THIRD-PARTY LINKS
This website may contain links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.
SURVEYS & CONTESTS
From time-to-time our site requests information via surveys or contests. Participation in these surveys or contests is completely voluntary and you may choose whether or not to participate and therefore disclose this information. Information requested may include contact information (such as name and address), and demographic information (such as postcode, age level, occupation). Contact information will be used to notify the winners, award prizes and in response to survey results. Survey information will be used for purposes of monitoring or improving the use and satisfaction this site and over all services.
AMENDMENTS
This privacy notice and additional information contained herein may be amended from time to time. When we amend this privacy notice, we will update this page to state the date that the policy was last modified. You must agree to the amendments as a condition of your
continued use of our website and services. If you do not agree, you must immediately cease using our website and services.
CONTACT US
If you have any questions or complaints about this privacy notice or your information, please email us at support@protrainings.com. You can also call at (888) 406-7487.
Security Policy
Your payment and personal information is always safe. Our Secure Sockets Layer (SSL) software is the industry standard and among the best software available today for secure commerce transactions. It encrypts all of your personal information, including credit card number, name, and address, so that it cannot be read over the Internet.
Refund Policy
Subscriptions
No refunds or credits will be issued for partial periods of service, upgrade/downgrade refunds, or refunds for periods unused with an active subscription, including, but not limited to, instances involving the removal of a subscriber. If you cancel your subscription, access to subscription features will be available until the end of the billing cycle.
Courses In ProTrainings
You may, within 30 days of purchase, request a refund for any prepaid training course not completed. Once you have completed the course, no refunds will be issued. Refunds will only be issued if requested within 30 days of purchase. No refunds will be given after 30 days. Refunds will be issued back to your credit card or payment method used to purchase the training course. ProTrainings does not provide refunds for any course that is paid for upon the completion of the course.
Physical Goods
If a product that is purchased is defective or did not arrive as expected for any reason, you can return the product to ProTrainings within 30 days of the date the product was purchased. Upon receipt of the returned product(s), ProTrainings will issue a refund in an amount equal to the purchase price with product. You will be responsible for the payment of any shipping and handling related to the return of any products unless ProTrainings agrees otherwise in writing.
Terms and Conditions
The following "Products And Services Agreement" ("Terms") governs your purchase of products or use of the Website, applications, software and services provided by ProTrainings, LLC (and its subsidiaries) ("ProTrainings"). This is a legal agreement between you and ProTrainings and incorporates the Privacy Policy; the Data Protection Addendum; the Terms of Use; and the Security Policy. By purchasing Products (as defined below) or registering your use of the Service (as defined below), you are accepting to be bound to the terms of this Products And Services Agreement. Changes to these Terms are binding. We may change the Terms from time to time without advance notice. Your use of the Website, Products, or Services (collectively, "Offerings") or any of its content after any changes have been made will constitute your agreement to the modified Terms and all changes. Accordingly, you should read these Terms from time to time for changes. As used in these Terms, "ProTrainings," "us," or "we,'" refers to ProTrainings, LLC, which owns and operates the Offerings. "You" and "Your" mean the user(s) of the Offerings.
01Definitions
"Administrator" shall mean a Subscriber (as defined in Section 1(i)) with authority to designate additional Authorized Users and/or Administrators.
"Agreement" shall mean this entire Products And Services Agreement and incorporates by reference the Privacy Policy; the Data Protection Addendum; the Terms of Use; the Security Policy; and the attached Exhibits.
"Authorized User" shall mean an individual subscriber or the partners, members, employees, temporary employees, and independent contractors of an organization with a subscription to the Service who have been added to the account as users.
"Confidential Information" shall mean the Content (as defined in Section 1(e)) and any information, technical data, or know-how considered proprietary or confidential by either party to this Agreement including, but not limited to, either party’s research, services, inventions, processes, specifications, designs, drawings, diagrams, concepts, marketing, techniques, documentation, source code, customer information, personally identifiable information, pricing information, procedures, concepts, business and marketing plans or strategies, financial information, business models, pricing and business opportunities disclosed by either party before or after the Effective Date of this Agreement, either directly or indirectly in any form whatsoever, including in writing, orally, machine readable form or through access to either party’s premises.
"Content" shall mean any materials, including, but not limited to, articles, images, illustrations, designs, icons, photographs, videos and audio files that are part of the Website or any information provided by you to ProTrainings in connection with the Service, including, without limitation, information about your Authorized Users.
"Originating Subscriber" shall mean the Subscriber who initiated the Services offered by ProTrainings and is assumed by ProTrainings to have the sole authority to administer the subscription.
"Products" means all fungible goods as defined in the Uniform Commercial Code of the State of Michigan, Act No. 174 of Michigan Public Acts of 1962, MCL 440.1101 et seq., as amended, that are made available through the Website.
"Service" shall mean any software or services provided by ProTrainings.
"Subscriber" shall refer to the purchaser of the Products or Services provided by ProTrainings and shall also include any present or former agent, representative, independent contractor, employee, servant, attorney and any entity or person who had authority to act on your behalf.
"Security Emergency" shall mean a violation by Subscriber of this Agreement that (a) could disrupt (i) ProTrainings’s provision of the Service; (ii) the business of other subscribers to the Service; or (iii) the network or servers used to provide the Service; or (b) provides unauthorized third-party access to the Service.
"Website" shall refer to www.protrainings.com, all of the subdomains of www.protrainings.com and any other website affiliated with www.protrainings.com or ProTrainings.
02Limited License & Use of the Service
Subject to these Terms, ProTrainings is granting Subscriber a non-exclusive, non-transferable, limited, non-sublicensable license to access and use the Service.
Authorized Users agree not to reproduce, duplicate, copy, sell, resell or exploit access to the Content, Service, use of the Service, or any portion of the Service, including, but not limited to the HTML, Cascading Style Sheet ("CSS") or any visual design elements without the express written permission from ProTrainings.
Authorized Users agree not to modify, reverse engineer, adapt or otherwise tamper with or attempt to discover the source code, object code, or underlying structure, ideas, know-how, or algorithms relevant to the Services or modify another website so as to falsely imply that it is associated with the Service, ProTrainings, or any other software or service provided by ProTrainings.
Authorized Users agree that they will not knowingly use the Service in any manner which may infringe copyright or intellectual property rights or in any manner which is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or in violation of the terms of this Agreement.
Authorized Users agree that they will not knowingly use the Service to upload, post, host, or transmit unsolicited bulk email "Spam", short message service "SMS" messages, viruses, self-replicating computer programs "Worms" or any code of a destructive or malicious nature. Authorized Users further agree they will not test, penetrate, or scan the Services for vulnerabilities or limitations.
Authorized Users agree to not interfere with the Service operation (e.g., by exceeding or trying to exceed load specifications) or anyone else's use of the Services.
Authorized Users agree not to impersonate anyone or misrepresent your connection with any person or entity.
Authorized Users agree to not copy any ideas, features, functions, or graphics of the Services, nor compete with ProTrainings in any way.
Subscribers and/or Authorized Users agree to not access or use the Services in a manner intended to avoid incurring fees owed (e.g. by repeatedly transferring a seat to and from the same user(s) to avoid paying for the appropriate number of seats needed, or by sharing account credentials – each user account is personal to the user to which it is issued).
Authorized Users agree to not scrape, data mine, or access the Software, Services, or Content (including third party content made available through ProTrainings) programmatically.
Except for the non-exclusive license granted pursuant to this Agreement, Subscriber acknowledges and agrees that all ownership, license, intellectual property and other rights and interests in and to the Service shall remain solely with ProTrainings.
ProTrainings reserves the right at any time, and from time-to-time, to modify or discontinue, temporarily or permanently, any feature associated with the Service, with or without notice, except that ProTrainings shall provide Subscriber with 30-days’ notice of any modification that materially reduces the functionality of the Service. Continued use of the Service following any modification constitutes Subscriber’s acceptance of the modification.
ProTrainings reserves the right to temporarily suspend access to the Service for operational purposes, including, but not limited to, maintenance, repairs or installation of upgrades, and will endeavor to provide no less than two business days’ notice prior to any such suspension. Such notice shall be provided to you in advance through by way of notification within the Service, email or other notification method deemed appropriate by ProTrainings. Further, ProTrainings shall endeavor to confine planned operational suspensions with a best effort to minimize disruption to the Subscriber but reserves the ability to temporarily suspend operations without notice at any time to complete necessary repairs. In the event of a temporary suspension, ProTrainings will use the same notification methods listed in this section to provide updates as to the nature and duration of any temporary suspension.
Subscriber grants to ProTrainings a non-exclusive, royalty-free right during Subscriber’s use of the Service, to use the Confidential Information for the sole purpose of performing ProTrainings’ obligations under the Agreement in accordance with the terms of the Agreement. Such rights shall include permission for ProTrainings to generate and publish aggregate, anonymized reports on system usage and Content trends and type, provided they do not conflict with the Privacy Policy.
03Access to the Service
Subscriber is only permitted to access and use the Service if Subscriber is an Authorized User. Authorized Users are required to provide their full legal
name, a valid email address, and any other information reasonably requested by the Service.
Each Authorized User will be provided with a unique identifier to access and use the Service ("Username"). The Username shall only be used by the Authorized User to whom it is assigned, and shall not be shared with, or used by any other person, including other Authorized Users.
The initial Administrator shall be the Originating Subscriber with authority to administer the subscription and designate additional Authorized Users and/or Administrators. Each subscription may designate multiple Authorized Users as Administrator. Any Administrator shall be deemed to have the authority to manage the subscription and any Authorized Users. The Administrator will deactivate an active Username if the Administrator wishes to terminate access to the Service for any Authorized User.
Administrators are responsible for all use of the Service by Authorized Users on the list of active Authorized Users associated with their subscription to the Service.
All access to and use of the Service via mechanical, programmatic, robotic, scripted or any other automated means not provided as part of the Service is strictly prohibited.
04Purchase of Products
The information on the Website does not constitute a binding offer to sell Products described on the Website or to make such Products available in all areas. ProTrainings reserves the right at any time after receipt of any order to accept or decline the order, or any portion thereof, in ProTrainings’ sole discretion, even if a Subscriber has received an order confirmation or a Subscriber’s credit card has been charged. Subscriber may not purchase any item from this site for resale by Subscriber or any other person, and Subscriber may not resell any item purchased from this site.
The prices displayed on the Website are quoted in U.S. dollars and are intended to be valid and effective only in the United States. In the event a Product is listed at an incorrect price, ProTrainings has the right to refuse or cancel orders placed for the Product listed at the incorrect price, regardless of whether the order has been confirmed or Subscriber’s credit card has been charged. If Subscriber’s credit card has already been charged for the purchase and the order is canceled, ProTrainings’ will issue a credit to Subscriber’s credit card account.
ProTrainings publishes information on the Website as a convenience to its visitors. While ProTrainings attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. ProTrainings reserves the right to make corrections and changes to the Website at any time without notice. The Products described on the Website may not be available in all areas.
If a Product that is purchased is defective or did not arrive as expected for any reason, Subscribers can return the Product to ProTrainings within 30 days of the date the Product was purchased. Upon receipt of the returned Product(s), ProTrainings will issue a refund in an amount equal to the purchase price with product. Subscriber will be responsible for the payment of any shipping and handling related to the return of any Products unless ProTrainings agrees otherwise in writing.
05Confidentiality
Each party (the “Discloser”) has disclosed or may disclose proprietary or non- public business, technical, financial, or other information in anticipation of this Agreement or during the term of this Agreement (“Confidential Information”) to the other party (the “Recipient”). Confidential Information of ProTrainings expressly includes non-public information regarding features, functionality, and performance of the Services, as well as Content. However, Confidential Information excludes any information that: (a) is or becomes generally available to the public without action or omission by Recipient; (b) was in the Recipient’s possession or known by it prior to receipt from the Discloser; (c) was rightfully disclosed to the Recipient without restriction by a third party; or (d) was independently developed by Recipient without use of or reference to any Confidential Information of the Discloser.
The Recipient agrees to treat all Confidential Information as confidential and not to use or disclose such Confidential Information except as necessary to perform its obligations under this Agreement, however, (i) in the event that ProTrainings is the Recipient, any of such Confidential Information may be disclosed to the ProTrainings’ representatives, agents and advisors who need to know such information for the purpose of providing the Products and Services, (ii) any disclosure of such information may be made to any person or entity following receipt of consent of such disclosure in writing, and (iii) such information may be disclosed if so required by law.
06Security and Access
ProTrainings will provide a secure method of authentication and accessing its Service. ProTrainings will provide mechanisms that:
allow for user password management;
transmit passwords in a secure format; and
protect passwords entered for purposes of gaining access to the Service by utilizing code that follows password management best practices.
Subscriber will be responsible for protecting the security of usernames and passwords, or any other codes associated to the Service, and for the accuracy and adequacy of personal information provided to the Service.
Subscriber will implement policies and procedures to prevent unauthorized use of usernames and passwords and will promptly notify ProTrainings upon suspicion that a username and password has been lost, stolen, compromised, or misused.
07Payment, Refunds and Changes
Subscribers that have purchased subscription Services from ProTrainings agree to the following:
Subscribers with paid subscriptions will provide ProTrainings with a valid credit card for payment of the applicable subscription fees. All subscription fees are exclusive of all federal, state, provincial, municipal or other taxes which Subscribers agree to pay based on where the Subscriber is primarily domiciled. In addition to any fees, the Subscriber may still incur charges incidental to using the Service, for example, charges for Internet access, data roaming, and other data transmission charges.
Subscribers with monthly subscriptions will be charged upon the expiration of any applicable free trial period. Subscriptions canceled prior to the expiration of any trial period, will not be charged. Monthly Subscribers will thereafter be charged in advance each 30 days. Annual Subscribers will thereafter be charged annually on the anniversary date of the initial subscription charge. All charges are final and non-refundable, including payments made by annual Subscribers, unless stated otherwise in this Agreement.
iii. No refunds or credits will be issued for partial periods of service, upgrade/downgrade refunds, or refunds for periods unused with an active subscription, including, but not limited to, instances involving the removal of a Subscriber. iv. There are no charges for canceling a subscription, and paying subscriptions cancelled prior to the end of their current billing cycle will not be charged again in the following cycle.
The amount charged on the next billing cycle will be automatically updated to reflect any changes to the subscription, including upgrades or downgrades. Subscription changes, including downgrades, may result in loss of access to Content, features, or an increase or reduction in the amount of available capacity for Content provided by the Service.
Subscribers that have purchased one-time Services from ProTrainings agree as follows:
Payment on Completion. Subscribers that take courses that require payment upon completion of the course will pay for the Service, in full, at the time they complete the selected course. Failure to pay for the Services will be considered a breach of this Agreement and ProTrainings will have no further obligation to the Subscriber following such breach and any certification issued through the Services will be invalid.
Pre-Payment. Subscribers that prepay for any course will pay for the Services, in full, prior to ProTrainings granting access to any of the Services. Failure to pay for the Services will result in an immediate termination of this Agreement and ProTrainings will have no further obligation to the Subscriber.
Subscribers may, within 30 days of purchase, request a refund unless Subscriber has completed a training course. Once a Subscriber has completed the course, no refunds will be issued. Refunds will only be issued if requested within 30 days of purchase. No refunds will be given after 30 days. Refunds will be issued back to Subscriber’s credit card or payment method used to purchase the Services.
All prices are in U.S. Dollars and are subject to change upon notice. Such notice may be provided by an e-mail message to the Administrator, or in the form of an announcement on the Service.
Subscriber is responsible for paying all taxes associated with the subscription to the Products or Services. If ProTrainings has the legal obligation to pay or collect taxes for which Subscriber is responsible, the
appropriate amount shall be invoiced to and paid by Subscriber, unless Subscriber provides ProTrainings with a valid tax exemption certificate authorized by the appropriate taxing authority.
Any and all payments by or on account of the compensation payable under this Agreement shall be made free and clear of and without deduction or withholding for any taxes. If the Subscriber is required to deduct or withhold any taxes from such payments, then the sum payable shall be increased as necessary so that, after making all required deductions or withholdings, ProTrainings receives an amount equal to the sum it would have received had no such deduction or withholding been made.
Subscriber is solely responsible for any bank fees, interest charges, finance charges, overdraft charges, and any other fees Subscriber incurs as a result of the charges billed by ProTrainings.
08Cancellation and Termination
The Administrator is solely responsible for canceling subscriptions. An Administrator may cancel their subscription at any time by contacting ProTrainings customer service at 616-855-2500, as applicable. For security reasons, cancellations shall only be performed by an Administrator using the account cancellation URL within the Service. The Administrator may be directed, within the Service, to call support to complete the cancellation. Cancellations shall not be accepted by any other means.
ProTrainings, in its sole discretion, has the right to suspend or discontinue providing the Service to any Subscriber immediately without notice if Subscriber (a) is in material violation of this Agreement; or (b) creates a Security Emergency. Subscriber agrees that non-payment of any amounts owed to ProTrainings is a material violation of this Agreement.
If any Authorized Users use the Service to materially violate this Agreement in a way that does not create a Security Emergency; ProTrainings will provide Subscriber with commercially reasonable notice of this violation. If the violation is not resolved to ProTrainings’s reasonable satisfaction within ten (10) days of such notice, then ProTrainings reserves the right to suspend access to the Service.
09Limitation of Liability
SUBSCRIBER AGREES THAT THE LIABILITY OF PROTRAININGS ARISING OUT OF
ANY CLAIM IN ANY WAY CONNECTED WITH THE SERVICE WILL NOT EXCEED THE TOTAL AMOUNT YOU HAVE PAID FOR THE SERVICE PURSUANT TO THE AGREEMENT WITHIN THE THREE-MONTH PERIOD BEFORE THE DATE THE CLAIM AROSE. SUBSCRIBER FURTHER AGREES THAT PROTRAININGS IS NOT AND WILL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION, ATTORNEY FEES) RELATING TO THIS AGREEMENT. THESE DISCLAIMERS APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, WHETHER THOSE DAMAGES ARE FORESEEABLE AND WHETHER PROTRAININGS HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. THESE DISCLAIMERS ARE NOT APPLICABLE TO THE EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY PROTRAININGS TO SUBSCRIBER AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE FROM AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT.
10Disclaimer of Warranties
PROTRAININGS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS WITH RESPECT TO ANY PRODUCTS OR SERVICES PROVIDED BY PROTRAININGS.
ProTrainings makes no warranty that its Services when provided to Subscriber in digital or electronic format will be compatible with Subscriber computer and/or other equipment, or that these Services will be secure or error free. Nor does ProTrainings make any warranty as to any results that may be obtained from the use of the Products or the Service.
Subscriber shall ensure that the Products or Services purchased are suitable for any of Subscriber’s occupational requirements and fulfills any of Subscriber’s training obligations. ProTrainings’ requires Subscribers to confirm with the body that governs Subscribers’ particular industry prior to purchasing any Products or Services. ProTrainings will not provide refunds if Subscriber requires additional training or purchases Products or Services that do not meet Subscriber’s occupational requirements or training
obligations. Subscriber agrees to first secure instruction with a qualified instructor if practical or in-person training(s) are required prior to purchasing any Services.
11Indemnification
Subscriber hereby agrees to indemnify and hold harmless ProTrainings from and against any claim, action, proceeding, loss, liability, judgment, obligation, penalty, damage, cost or expense, including attorneys’ fees, which arise from or relate to the following:
any inaccuracy in any representation or breach of any warranty of Subscriber in this Agreement;
any claim based on information uploaded by Subscriber or Authorized User or the use of the Services by the Authorized User in violation of these Terms; and
any failure by Subscriber to perform or observe in full, or to have performed or observed in full, any covenant, agreement, or condition to be completed or followed by the Subscriber under this Agreement.
ProTrainings will provide prompt notice to Subscriber of any indemnifiable event or loss. Subscriber will undertake, at Subscriber’s own cost, the defense of any claim, suit or proceeding with counsel reasonably acceptable to ProTrainings. ProTrainings reserves the right to participate in the defense of the claim, suit, or proceeding, at ProTrainings’ expense, with counsel of ProTrainings’ choosing.
12Miscellaneous
Technical support and training are available to Authorized Users with active subscriptions.
Subscriber acknowledges and agrees that ProTrainings may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
ProTrainings may provide the ability to integrate the Service with third party products and services that Subscriber may use at Subscriber’s option and risk. Access to and use of any third-party products and services are subject to the separate terms and conditions required by the providers of the third- party products and services, such as YouTube, among others. Subscriber
agrees that ProTrainings has no liability arising from Subscriber’s use of any integrations or arising from the third-party products and services. ProTrainings can modify or cancel the integrations at any time without notice.
Neither party will have any liability for failures or delays resulting from that party experiencing a Force Majeure Event. If a party experiences a Force Majeure Event, such party will: (a) promptly notify the other party of occurrence of the Force Majeure Event; and (b) use reasonable efforts to limit damages to the other party and to resume its performance under this Agreement. If a Force Majeure Event causes a party to fail to comply with its obligations under this Agreement for 30 or more consecutive days, either party may terminate this Agreement upon written notice, without liability. “Force Majeure Event” means any event or circumstance (other than a party’s inability to satisfy payment obligations) that is outside a party’s reasonable control, whether or not foreseeable.
The failure of either party to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
This Agreement constitutes the entire agreement between Authorized Users and ProTrainings and governs Authorized Users use of the Service, superseding any prior agreements between Authorized Users and ProTrainings (including, but not limited to, any prior versions of this agreement).
ProTrainings reserves the right to amend this Agreement. In the event of material changes to the Agreement, ProTrainings will notify Subscribers, by email, or by other reasonable means of these changes prior to their enactment. Continued use of the Service by the Subscriber after reasonable notice will be considered acceptance of any new terms.
Subscriber may not assign any rights or delegate any duties under the Agreement without the prior written consent of ProTrainings.
If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, and the balance of the Agreement will remain in full force and effect.
This Agreement shall be governed by the laws of the state of Michigan, and all claims, disputes, and other matters between the parties of this Agreement shall be brought in Kent County Court, in Grand Rapids, Michigan, or in the U.S. District Court, in Grand Rapids, Michigan. Parties waive any objection to personal jurisdiction or venue in any forum located in those jurisdictions. In the case that ProTrainings is forced to take steps to
enforce this agreement, Subscriber agrees to pay all costs and fees incurred by ProTrainings in the process of enforcing this agreement, including attorneys’ fees and costs. EACH PARTY WAIVES THEIR RESPECTIVE RIGHTS TO DEMAND A TRIAL BY JURY IN ANY LITIGATION OR OTHER LEGAL PROCEEDING ARISING OUT OF THIS AGREEMENT.
Subscriber acknowledges that Subscriber has read and understands and agrees to the terms set forth in this Agreement. Subscriber also acknowledges that the terms of this Agreement are reasonable in nature.