Terms of Service

End User License Agreement for Paulson Training Programs, Inc. e-Learning, Simulation Software, Video Library, and Course Materials

Important: Please carefully read the terms and conditions of this License Agreement for Paulson Training Programs, Inc. e-Learning, Simulation Software, Video Library, and Course Materials (the "Agreement") before signing the agreement. By signing the agreement, you, as an individual, or on behalf of the company or institution set forth on the order form of which this Agreement is a part (the "Licensee"), are agreeing to these terms and Paulson Training Programs, Inc., itself and on behalf of its subsidiaries (collectively, "PTP"), will permit users authorized hereunder to access and use (1) the PTP e-Learning course (the "E-Learning"), (2) Simulation Software ("SimTech TM & Skillbuilder"), (3) the Video Library, and (4) the PTP course Study Guide books and Leader Guides requested for download, collectively referred to herein as the "Course Materials". If you are accepting these terms on behalf of another person or company, you represent and warrant that you have full authority to bind that person or company to these terms.

1. License Grant

  • In exchange for Licensee's payment of all applicable fees and compliance with all of the terms and conditions of this Agreement, PTP hereby grants Licensee a non-assignable, nontransferable and nonexclusive license to access and use the Course Materials for the license period selected and paid for by Licensee.

2. Authorized Users

  • 2.1 An authorized user is defined as one person using a unique username and password. Sharing logon information with another user which results in more than one person accessing the Course Materials from the unique username and password may result in the termination of you access privilege.

  • 2.2 Licensee may not distribute the Training to any third party in modified or unmodified form.

  • 2.3 Licensee may not use the Course Materials to teach or create Licensee's own training, regardless of whether such training is for internal or external use.

  • 2.4 Without limitation, Licensee is prohibited from:

    • a. transferring any right, title or interest in the license to the Training;

    • b. copying, extracting, summarizing, distributing or teaching the Course Materials;

    • c. distributing the Training to any third party in modified or unmodified form;

    • d. using the Training for the benefit of a third party in exchange for compensation; or

    • e. allowing any party other than Licensee to use or otherwise access the Training.

3. Books

  • License for eBook access must be purchased for each user. At no time shall an eBook be distributed to a non-licensed user either electronically or printed. In addition, Licensee may not distribute eBooks to any third party in modified or unmodified form.

4. Intellectual Property Rights

  • The Course Materials and Training is copyrighted. Ownership of the Course Materials, including any intellectual property embodied therein, remains with PTP or its licensor(s) at all times. Licensee agrees to abide by United States and International copyright laws and treaties, and all other applicable laws and regulations including, but not limited to, export control laws and regulations. PTP reserves the right to update and revise the Training at any time in its sole discretion. Copyright and other proprietary rights notices in the Training shall not be deleted or modified.

5. Termination

  • 5.1 The Course Materials will be accessible to Licensee for the selected license period upon completion of Licensee's agreement. This Agreement governs the use of the Course Materials during all license periods. The license granted under this Agreement automatically terminates upon expiration of the selected license period. The Licensee will have the opportunity to renew their license before termination.

  • 5.2 PTP may terminate the license for a breach of this Agreement, including, but not limited to, a breach of PTP' intellectual property rights.

6. Limitations of Liability

  • PTP makes no warranty, expressed or implied, that the information in this program is accurate or appropriate for any particular facility’s environment, or any individual employee’s personal situation.

7. No Liability for Consequential Damages

  • The liability of PTP and the Licensee for any breach of this Agreement will in all circumstances be limited to the direct damages arising from such breach, and no party will have any liability to the other party for any special, consequential, indirect, incidental, exemplary or punitive damages or loss of profit, whether in contract, tort or otherwise, resulting from or arising in connection with any breach of this Agreement. PTP assumes no liability for consequential damages which may result from the use of the Course Materials, even if PTP has been advised of the possibility of such damages. Any liability of the seller will be limited to the purchase price.

8. System Outages

  • PTP periodically schedules system downtime for maintenance and other purposes. Unplanned system outages also may occur. We shall have no liability whatsoever for (i) the resulting unavailability of the Program; (ii) any loss of data or transactions caused by planned or unplanned system outages; (iii) the resultant delay, mis-delivery or non-delivery of information caused by such system outages, or (iv) any third party acts or any other outages of web host providers or the internet facilities and network that is external to the Course Materials.

9. Warranties and Representations

  • Licensee warrants and represent that Licensee has the right to enter into this Agreement, and that Licensee will use the Course Materials in accordance with the terms and conditions of this Agreement. Licensee agrees to indemnify, defend and hold harmless the Training Consultants Parties, from and against any and all claims, damages, demands, or liabilities, including but not limited to attorney’s fees and costs, arising out of any breach of Licensee’s representations and warranties under this section.

10. DISCLAIMER

  • TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT FOR THE LIMITED WARRANTY SET FORTH HEREIN, THE COURSE MATERIALS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE. YOUR USE OF THE COURSE MATERIAL IS AT YOUR OWN SOLE RISK. WITHOUT LIMITING THE FOREGOING PROVISIONS, YOU ASSUME RESPONSIBILITY FOR SELECTING THE PROGRAM TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE USE AND RESULTS OBTAINED FROM THE PROGRAM. PTP SPECIFICALLY DISCLAIMS ANY WARRANTY THAT THE PROGRAM WILL BE FREE FROM INTERRUPTIONS OR OTHER FAILURES, BE ERROR-FREE, OR THAT THE PROGRAM WILL MEET YOUR REQUIREMENTS IN ANY MANNER, INCLUDING WITHOUT LIMITATION WITH RESPECT TO YOUR ABILITY TO PASS ANY EXAM AS A RESULT OF YOUR USE OF THE PROGRAM. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PTP DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, WITH REGARD TO THE PROGRAM AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING BUT NOT LIMITED TO STATEMENTS REGARDING CAPACITY OR SUITABILITY FOR USE OR PERFORMANCE, WHETHER MADE BY PTP EMPLOYEES OR OTHERWISE, WHICH ARE NOT CONTAINED IN THIS AGREEMENT WILL BE DEEMED TO BE A WARRANTY BY PTP FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY TO PTP PARTIES WHATSOEVER. WITHOUT LIMITING THE FOREGOING IN ANY WAY, YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE COURSE MATERIALS WILL NOT GUARANTEE PASSING RESULTS ON ANY EXAMINATION.