Terms and Conditions of Service (Updated January 14, 2011)
ProThink Learning provides various materials (which may include, but are not limited to, textbooks, workbooks, presentations, webinars, audio and/or video programs, and/or any other types of content, in any and all formats and/or media, and referred to collectively as “Materials”) in respect of various informational courses (“Courses”) offered on the Site.
Use of Site
By using this Site, you acknowledge and agree that (i) you are a User of this Site, (ii) you accept the Terms; and (iii) the Terms form a binding and legal agreement between you and ProThink Learning.
Age of Majority
By using the Site and/or by purchasing any Courses and/or Materials offered on the Site, you represent that you have attained the age of majority in your state, province, or country of residence (as applicable).
ProThink Learning authorizes you to purchase at most one (1) copy of the Materials corresponding to each Course offered on the Site. You may download the Materials for any purchased Course; and you may also print a maximum of one (1) copy of the Materials for any purchased course, but only if (i) no modifications are made to the Materials, and (ii) all copyright and other proprietary notices contained in the original Materials are retained on any printed copies thereof.
All Courses and Materials offered on this Site are non-transferable. You will keep all Materials confidential, and you shall not modify, reproduce, sell, loan, rent, give away, auction, describe, summarize, or otherwise share, distribute, or disclose any Materials or any contents of any Materials to any other person or entity. Your breach of these Terms will automatically terminate your authorization to use this Site.
Payment Requirements; Refunds
If you purchase a Course offered on this Site, you will pay in full for that Course by providing a valid credit card (or other accepted payment method) to ProThink Learning. If your payment method is declined, returned, or deemed fraudulent, your access to the Course and to any related Materials will be terminated until all outstanding payments are made in full.
ProThink Learning cannot “stop payments” that are in process: if you desire a refund in respect of any Course purchase, you must submit a refund request (by email sent to firstname.lastname@example.org) within thirty (30) days of such purchase. ProThink Learning shall retain sole discretion to determine whether or not to grant any request for a refund.
The Site, the Courses, and the Materials include content that is protected by copyright law, trademark law, and other applicable intellectual property laws.
Any reproduction or unauthorized use of such content shall constitute actionable intellectual property infringement. Any duplication or sharing of content from the Site, the Courses, and/or the Materials (or any uploading of content from the Site, the Courses, and/or the Materials to any internet sites) shall constitute theft in addition to infringement; and ProThink Learning (and the relevant owners of the intellectual property in question) may prosecute any such unauthorized and illegal actions to the fullest extent permitted by law.
ProThink Learning provides you with this Site (and any Courses or Materials offered on the Site) solely for your personal and non-commercial use, and you agree that you will not use such proprietary information or content in any way that does not comport with the Terms. You will not republish, reproduce, duplicate, copy, display, distribute, create derivative works based upon, or otherwise use any content from the Site, the Courses, and/or the Materials for any commercial purposes; and you will not use the Site, the Courses, and/or the Materials in any manner that constitutes infringement or that has not been expressly authorized by ProThink Learning (and the relevant intellectual property owners of the intellectual property in question).
“ProThink Learning” and any other brands that are displayed or represented on the Site or in any Courses and/or Materials are the protected intellectual property either of Greenleaf Book Group, LLC d/b/a ProThink Learning, or of third parties with whom ProThink Learning has partnered to provide the Courses and the Materials. Any unauthorized use of any such protected brands (or any related word marks, logos, design marks, and/or other associated indicia) may violate applicable copyright, trademark, and/or unfair competition laws, and ProThink Learning (or the relevant owners of the brands in question) may prosecute any such unauthorized and illegal actions to the fullest extent permitted by law.
As a User of this Site, the Courses, and/or the Materials, you are strictly forbidden from: (i) causing damage to the Site; (ii) using the Site for any unlawful, illegal, fraudulent, or harmful purpose or activity; (iii) using the Site to copy, store, host, transmit, send, use, publish, or distribute any spyware, virus, worm, Trojan Horse, keystroke logger, or other malicious software; (iv) using the Site to transmit, send, or deliver unsolicited communications for any marketing or advertising purposes; (v) systematically or automatically collecting data from the Site; and/or (vi) sharing private, copyrighted, and/or proprietary information from the Site, the Course, and/or the Materials with any person or entity.
Any links to third-party websites that are contained in the Site, the Courses, and/or the Materials are provided solely as a convenience for Users. ProThink Learning has not reviewed such third-party websites; ProThink Learning does not control such third-party websites; and ProThink Learning is not responsible for any of the content or information on such third-party websites.
You assume any and all risk associated with your decision to access third-party websites via any links provided in the Site, the Courses, and/or the Materials.
No Warranty; No Professional Services
ProThink Learning does not guarantee any particular results in respect of the Site and/or your use of any Courses or Materials sold or otherwise provided or distributed by ProThink Learning on the Site. To the fullest extent permitted by law, ProThink Learning expressly disclaims any and all warranties in respect of the Site, the Courses, and/or the Materials: among other things, this means that any and all Courses or Materials on the Site are sold or provided “as is” and without any express or implied warranties of any kind—including, but not limited to, warranties of merchantability, non-infringement of intellectual property, or fitness for any particular purpose (including, but not limited to, accreditation of any User by any professional certification organization, governmental licensing authority, academic institution, continuing education administrator, or other entity).
The Site, the Courses, and the Materials do not provide any professional services (including, but not limited to, any and all financial services, legal services, medical services, and psychological services). You may not rely upon any content or information incorporated into the Site, the Courses, and/or the Materials as financial advice, legal advice, medical advice, psychological advice, or any other type of professional advice. ProThink Learning does not warrant that any content incorporated into the Site, the Courses, and/or the Materials is accurate, complete, or updated; and ProThink Learning does not warrant that the Site, the Courses, and/or the Materials will be uninterrupted, devoid of errors, and/or free of viruses or any other types of harmful software.
ProThink Learning may make changes, without notice and at any time, to any and all content within (or pricing structures applicable to) the Site, the Courses, and/or the Materials.
Limitation of Liability
In no event shall ProThink Learning be liable for any damages whatsoever (including, but not limited to, damages resulting from failure to receive accreditation from any professional certification organization, governmental licensing authority, academic institution, continuing education administrator, or other entity) arising out of your use of this Site, your inability to use this Site, the results of your use of this Site, your use of any websites linked to this Site, and/or your purchase and/or use of any Courses or Materials sold or otherwise provided or distributed by ProThink Learning on the Site. Your sole remedy for any of the foregoing circumstances is to discontinue your use of the Site, the Courses, and/or the Materials (as applicable).
To the extent that any availability of damages is required by law, ProThink Learning’s sole liability to any User in respect of any claim brought in respect of the Site, the Courses, and/or the Materials shall be limited to a total recovery of not more than the total receipts collected from that User by ProThink Learning. Any User’s remedies in respect of any such liability will be limited to monetary damages; in no circumstance shall any User be entitled to specific performance from ProThink Learning. ProThink Learning shall not under any circumstances be liable for any loss of data, lost profits, cost of cover, or any other consequential, indirect, incidental, punitive, or special damages in respect of the Site, the Courses, and/or the Materials. ProThink Learning shall not bear any liability for acts of third parties beyond ProThink Learning’s control, including insolvency and/or potential actions taken by creditors against any such third parties.
The losing party shall be responsible for any attorneys’ fees, court costs, and any other charges associated with any legal proceeding instituted in respect of the Site, the Courses, and/or the Materials.
Applicable Law; Jurisdiction and Venue
The Terms shall be controlled by the laws of the State of Texas.
If you and ProThink Learning are unable to resolve any dispute or potential claim by means of good-faith negotiation conducted via ProThink Learning’s complaint resolution process, then you expressly agree to make a reasonable attempt to resolve any such dispute or potential claim through alternative dispute resolution before filing a judicial cause of action. You waive the demand or right to jury trial.
Any court proceeding in respect of a dispute or potential claim regarding this Site, the Courses, and/or the Materials shall be subject to the exclusive jurisdiction of the state and federal courts in Travis County, Texas, USA.
You shall defend, indemnify, and hold harmless ProThink Learning (including its affiliates, officers, directors, shareholders, employees, representatives, agents, successors, assigns, and/or other related parties) from and against any and all third-party claims, demands, costs, liabilities, losses, expenses, and damages (including reasonable attorneys’ fees, court costs, and expert witness fees) incurred by ProThink Learning as a result of your breach of any of the Terms or as a result of your violation of any laws, rules, ordinances, or regulations in respect of the Site, the Courses, and/or the Materials.
No failure by ProThink Learning to enforce strict performance of any Term shall construe a waiver of any provision or right hereunder; and no failure by ProThink Learning to challenge any User’s default, misrepresentation, or breach under the Terms shall extend to any prior or subsequent default, misrepresentation, or breach hereunder.
The invalidity or unenforceability of any of the Terms in any jurisdiction shall not affect the validity or enforceability of any remaining Terms (which shall remain in full force and effect).
Assignment by ProThink Learning
ProThink Learning may, without prior notice, assign ownership of this Site (and any and all of the rights, obligations, and/or licenses granted herein) to anyone and at any time.
No User may assign any rights or access in respect of these Terms, the Site, and/or any Courses or Materials sold or otherwise provided or distributed by ProThink Learning on the Site.
The section headings in the Terms have been inserted for convenience only and shall not affect the meaning or interpretation of any terms or provisions.
The Terms constitute the entire agreement between you and ProThink Learning in respect of your use of the Site and/or your purchase or use of any Courses or Materials sold or otherwise provided or distributed by ProThink Learning on the Site.
Reservation of Rights
ProThink Learning reserves any and all rights that relate to the Site, the Courses, and/or the Materials, but that are not expressly granted to ProThink Learning under these Terms.
Modifications to Terms
The Terms are effective as of January 15, 2021, and the Terms are subject to change without notice by ProThink Learning at any time. Please check for changes regularly. Your use of this Site after any changes are made constitutes your agreement to those changes.
Please direct any inquiries (including any questions; complaints; requests for information; and requests to access, correct, amend, and/or delete any of your data or personal information that we have collected) to us at (i) by email at email@example.com, or (ii) by regular mail at ProThink Learning, P.O. Box 91869, Austin, Texas 78709.