Agreement between user and https://register.performancecourse.com

Welcome to https://register.performancecourse.com. The https://register.performancecourse.com website (the “Site”) is comprised of various web pages operated by Performance Course http://register.performancecourse.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of https://register.performancecourse.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

https://register.performancecourse.com is an E-commerce Site

Our purpose is for the customer to be able to register participants to our current courses offered.

Privacy

Your use of https://register.performancecourse.com is subject to Performance Course’s Privacy Policy. Please review our Privacy Policy listed below, which also governs the Site and informs users of our data collection practices.

Terms Of Use

By accessing this website, you are agreeing to be bound by these website Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trade mark law.

Electronic Communications

Your use of https://register.performancecourse.com is subject to Performance Course’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices. By registering on our site, you are agreeing to receiving electronic communications from Performance Course. You have the option to unsubscribe from emails from Performance Course at anytime by clicking the unsubscribe link at the bottom of all emails and/or replying  “unsubscribe” to the email.

Privacy and Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Performance Course is not responsible for third party access to your account that results from theft or misappropriation of your account. Performance Course and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Performance Course collects personally identifiable information from children under the age of thirteen. Performance Course collects this information for the following reason(s):

All information collected is for Performance Course participation use only. Information will be used for processing event registration for appropriate course based on age and gender, attendance and for postal and e-commerce mail for future events.

If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website. If you are a parent and you have questions regarding our data collection practices, please contact us using the information provided at the end of this Agreement. If you are under 18, you may use https://register.performancecourse.com only with permission of a parent or guardian.

Privacy and Email Policy

Performance Course is committed to keeping your email address confidential. We do not sell, rent, or lease our subscription lists to third parties, and we will not provide your personal information to any third party individual, government agency, or company at any time unless compelled to do so by law.

We will use your email address solely to provide timely information about Performance Course. Performance Course will maintain the information you send via email in accordance with applicable federal law. 

Legal Basis for Processing Personal Data Under General Data Protection Regulation (GDPR)

If you are from the European Economic Area (EEA), PERFORMANCE COURSE INC legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Data we collect and the specific context in which we collect it.

PERFORMANCE COURSE INC may process your Personal Data because:

Your Data Protection Rights Under General Data Protection Regulation (GDPR)

If you are a resident of the European Economic Area (EEA), you have certain data protection rights. PERFORMANCE COURSE INC aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.

If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.

In certain circumstances, you have the following data protection rights:

The right to access, update or to delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.

The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.

The right to object. You have the right to object to our processing of your Personal Data.

The right of restriction. You have the right to request that we restrict the processing of your personal information.

The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.

The right to withdraw consent. You also have the right to withdraw your consent at any time where PERFORMANCE COURSE INC relied on your consent to process your personal information.

Please note that we may ask you to verify your identity before responding to such requests.

You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).

CAN-SPAM Compliance

In compliance with the CAN-SPAM Act, all email sent from our organization will clearly state who the email is from and provide clear information on how to contact the sender. In addition, all email messages will also contain concise information on how to remove yourself from our mailing list so that you receive no further email communication from us.

Choice/Opt-Out

Our site provides users the opportunity to opt-out of receiving communications from us and our partners by reading the unsubscribe instructions located at the bottom of any email they receive from us at anytime.

Users who no longer wish to receive our newsletter or promotional materials may opt-out of receiving these communications by clicking on the unsubscribe link in the email.

Credit Card

No credit card information will be stored by Performance Course. Our sole purpose for use is processing event coordination only and future postal mail or email of future events.

Charges

If your purchase includes items from Performance Course Enterprises, your statement will include two charges. All courses will be billed by Performance Course, Inc. Other products and purchases from the store will be billed by Performance Course Enterprises. Any shipping and tax charges will be included on the charge from Performance Course Enterprises.

Cancellation/Refund Policy

Once the registration has been submitted and sale completed, the transaction is FINAL. We have a NO REFUND policy. Please contact us at info@performancecourse.com with any questions.

Links to third party sites/Third party services

https://register.performancecourse.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Performance Course and Performance Course is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Performance Course is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Performance Course of the site or any association with its operators.

Certain services made available via https://register.performancecourse.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the https://register.performancecourse.com domain, you hereby acknowledge and consent that Performance Course may share such information and data with any third party with whom Performance Course has a contractual relationship to provide the requested product, service or functionality on behalf of https://register.performancecourse.com users and customers.

No unlawful or prohibited use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use https://register.performancecourse.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Performance Course that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Performance Course or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Performance Course content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Performance Course and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Performance Course or our licensors except as expressly authorized by these Terms.

International Users

The Website and Service are controlled, operated and administered by Performance Course from our offices within the USA. If you access https://register.performancecourse.com from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Performance Course Content accessed through https://register.performancecourse.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Performance Course, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Performance Course reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Performance Course in asserting any available defenses.

Acceptable Use

You agree to use our website only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the website. Prohibited behavior includes harassing or causing distress or inconvenience to any other user, transmitting obscene or offensive content or disrupting the normal flow of dialogue within our website.

You must not use our website to send unsolicited commercial communications. You must not use the content on our website for any marketing related purpose without our express written consent.

Restricted Access

We may in the future need to restrict access to parts (or all) of our website and reserve full rights to do so. If, at any point, we provide you with a username and password for you to access restricted areas of our website, you must ensure that both your username and password are kept confidential.

Revisions

Performance Course may change these terms from time to time and so you should check these terms regularly. Your continued use of our website will be deemed acceptance of the updated or amended terms. If you do not agree to the changes, you should cease using our website immediately.

If any of these terms are determined to be illegal, invalid or otherwise unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PERFORMANCE COURSE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

PERFORMANCE COURSE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. PERFORMANCE COURSE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PERFORMANCE COURSE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PERFORMANCE COURSE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/access restriction

Performance Course reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Performance Course as a result of this agreement or use of the Site. Performance Course’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Performance Course’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Performance Course with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Performance Course with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Performance Course with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Electronic Signature

Electronic Signatures. The words "execution," "execute," "signed," "signature," and words of like import in or related to this Amendment or any other document to be signed in connection with this Amendment and the transactions contemplated hereby shall be deemed to include electronic signatures, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature or the use of a paper-based recordkeeping system, as the case may be, to the extent and as provided for in any applicable law, including the Texas Uniform Electronic Transactions Act, Chapter 322 of the Texas Business and Commerce Code.

Change to Terms

Performance Course reserves the right, in its sole discretion, to change the Terms under which https://register.performancecourse.com is offered. The most current version of the Terms will supersede all previous versions. Performance Course encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Performance Course welcomes your questions or comments regarding the Terms:

Performance Course
PO BOX 882
Allen, Texas 75013

Email Address: info@performancecourse.com
Telephone number: 214-383-4444

Effective as of May 25, 2018