Terms and Conditions Of Use

Acceptance of Terms of Use

Please read the following Terms of Use & Conditions carefully. By using the PCTLearningcenter.org or affiliated pctlearningcenter.thinkific.com website, and all sites provided by or on behalf of PCTLearningcenter.org, ("PCTLC") (collectively, the "Site") or any other sites or services by PCTLC, you agree to be bound by these terms and conditions of use (the "Terms of Use") and agree to comply with all applicable laws and regulations. In these Terms of Use, the words "you" and "your" refer to each customer, Site visitor, or Application user, "we", "us" and "our" refer to PCTLearningcenter.org, and "Services" refers to all services provided by PCT Learning Center, including PCTLearningcenter.org. To Use the PCTLearningcenter.org site or any other web site or service provided by PCTLearningcenter.org, you must to be at least 18 years of age and must be able to legally enter into a contract. BY USING THE SITE, YOU AGREE TO THE TERMS OF USE JUST AS IF YOU HAD SIGNED AN AGREEMENT, WHICH THE TERMS OF USE ARE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, PLEASE DO NOT USE THE SERVICE. USE OF THE SERVICE SIGNIFIES YOUR CONSENT TO THE TERMS OF USE AND THE PRIVACY POLICY. Please review PCTLC's Privacy Policy.

We may revise these Terms of Use at any time without notice to you. It is your responsibility to review these Terms of Use periodically. If at any time you find these Terms of Use unacceptable or if you do not agree to these Terms of Use, please do not use this Site or any Applications. In the event of a dispute, you agree to arbitration rather than trials. We encourage you to bookmark this page and to periodically review it to ensure familiarity with the most current version of the Terms of Use. You can determine when the Terms of Use were last revised by referring to the "UPDATED" legend at the bottom of this Terms of Use. When using the Service, you agree that you are subject to any additional posted guidelines, rules, terms and conditions applicable to the Service, which are hereby incorporated by reference into the Terms of Use.

The Terms of Use are effective immediately upon your use of the Service.

PCTLC grants you permission to use the Service subject to the restrictions in these Terms of Use. Your use of the Site is at your own risk, including the risk that you might be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.

PCTLearningcenter.org web site provides a software platform for individuals who desire to learn about PCT, Hague, and Madrid protocol practice. These courses are offered as a single-use, single-person license. You may not share your license with any groups or other individuals. This license is non-transferrable. PCTLearningcenter.org and PCTLC are not law firms and we do not provide legal advice. Nothing on this site should be construed as legal advice. If you believe you need legal advice, you should consult with an attorney. Nothing on this site is a substitute for the advice of an attorney.

1. Restrictions on Use
General. The Service is a computer online service. It is accessible to you through a personal computer, tablet, smart phone or other access device at the domain www.PCTLearningcenter.org using a communications connection (e.g., internet service provider or modem and telephone line). As part of the Service, you may be provided with services that may include, without limitation, application forms, software applications, data, reports, scores, images, any applicable user manuals, and any other services provided from time to time by PCTLC to you, and computer services that PCTLC may decide to offer, subject to the terms hereof. PCTLC may, in its sole discretion, discontinue or alter any aspect of the Service, including, but not limited to, (i) restricting the time of availability, (ii) restricting the availability and/or scope of the Service for certain platforms (i.e., computer types and operating systems), (iii) restricting the amount of use permitted, and (iv) restricting or terminating your right to use all or part of the Service, at any time in PCTLC 's sole discretion and without prior notice or liability to you. You are responsible for all charges (e.g., telephone, internet service provider or airtime) associated with connecting to the Service. You are also responsible for obtaining or providing all telephone access lines, telephone and computer equipment, or other access device, necessary to access the Service. The Service is owned and operated by PCTLC and contains material that is derived in whole or in part from material supplied and owned by PCTLC and/or its suppliers and licensors. Such material is protected by copyright, trademark, patent, and other applicable laws. You may not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based on, or distribute in any way all or any part of the Service or any material from the Service. You may, however, subject to your compliance with the Terms of Use, and solely for as long as you are permitted by PCTLC to access and use the Service, download certain material from the Service provided you do not remove, alter, interfere with, or circumvent any copyright, trademark, patent, or other proprietary notices, or any digital rights management mechanism, device or other content protection or access control measure associate with the Site, and use the material in accordance with all restrictions applicable to your use of the Site in general. In the event that you download material from the Site, such material is licensed to you by PCTLC, but PCTLC does not transfer title to any such material to you.

By choosing to access the Site via the internet, you hereby consent to receive by electronic means the Terms of Use and any and all disclosures, communications and/or notices required to be given by applicable law or regulation. You also consent to allow PCTLC to respond to any inquiries by e-mail regardless of the format of the original inquiry.

2. Rules and Guidelines

You may be required to provide certain information about yourself in order to utilize certain content available on the Site. You agree to provide true, accurate and complete information about yourself, and to update this information should it change. If you provide any information that is untrue or inaccurate, not current, or incomplete, or if PCTLC suspects that your information is untrue or inaccurate, not current, or incomplete PCTLC may, in its sole discretion, suspend or terminate your current or future access to the Service. Any personally identifiable information supplied hereunder will be subject to the terms of PCTLC’s Privacy Policy. PCTLC reserves the right to change the nature of this relationship at any time.

Passwords. Should you select a password that allows you to access certain parts of the Service, you will be solely responsible for maintaining the confidentiality of the password and your account information, and will be fully responsible for all activities that occur under your password or account. You agree that you will immediately notify PCTLC of any unauthorized use of your password or account, or any other breach of security, and that you will log off the Service at the end of each session to prevent fraud on your account by third parties.

Cookies. PCTLC may place a cookie (a small text file) on any computer or device from which you access the Service. Please see PCTLC’s Privacy Policy for information about cookies. When you revisit the Service, this cookie may enable us to recognize you and provide you with direct access to information without requiring you to retype any password or other user identification. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.

 Access. You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device. Users of public or shared computers or unprotected mobile devices should log out at the completion of each visit to the Service. If you find that you are a victim of identity theft and it involves a PCTLC account, you should notify customer service at contact@PCTLearningCenter.org. You should report this instance to all your credit card issuers, as well as your local law enforcement agency. PCTLC reserves the right to place any account on hold anytime with or without notification to the subscriber in order to protect itself and its partners from what it believes to be fraudulent activity.

All customer support for the Service will be conducted solely online and/or via email at contact@PCTLearningCenter.org. 

Your access to or use of the Service may require your use of a media player or other application that is not provided by PCTLC. Your use of such media player or other application will be governed by the license agreement accompanying the same, and you agree to comply with all of the terms and conditions of such license agreement. Please note that PCTLC is not responsible or liable for your use of such third-party applications.

If the Service provides links or pointers to other websites, you should not infer or assume that PCTLC operates, controls, or is otherwise connected with these websites. When you click on a link within the Service, we will not warn you that you have left www.PCTLearningcenter.org and are subject to the terms and conditions (including privacy policies) of the destination website. In some cases, it may be less obvious than others that you have left www.PCTLearningcenter.org and reached another website. Please be careful to read the terms of use and privacy policy of any website before you provide any confidential information or engage in any transactions. You should not rely on these Terms of Use for another website. PCTLC is not responsible for the content or practices of any website other than the Service, even if it links to the Service and even if the website is operated by a company affiliated or otherwise connected with PCTLC. By using the Service, you acknowledge and agree that PCTLC is not responsible or liable to you for any content or other materials hosted and served from any website other than the Service.

PCTLC takes no responsibility for advertisements or any third-party material posted on the Site, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers and others found while using the Service are between you and the advertiser/other, and you agree that PCTLC is not liable for any loss or claim that you may have against an advertiser/other.

You authorize us to use information you provide to us for the purpose of providing the Service. PCTLC may use such information to display, distribute, and create new material incorporating such information. By submitting information, you represent that you are the owner of the information and are entitled to disclose it to PCTLC for use for this purpose, without any obligation by PCTLC to pay any fees or other limitations and without any particular time limit.

This Site and Content are owned and operated by PCTLearningcenter.org. All right, title, and interest in and to the materials provided on this Site and Applications, including but not limited to information, documents, logos, graphics, sounds and images (the "Materials") are owned either by PCTLearningcenter.org, by PCTLC, or by third party partners, developers, or suppliers. Except as otherwise expressly provided by PCTLearningcenter.org or by PCTLC, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way.

Agreement Regarding Proprietary Rights 

You agree that you will not infringe upon any copyright, trademark, patent, or other proprietary right of PCTLC or its partners or affiliates, that you will not copy the Site in whole or in part except as expressly authorized herein, and that you will not decompile, reverse engineer, disassemble, or create derivative works of any work or software or other products or processes accessed through or on the Site. You further agree not to access or provide access to the Site by means other than the interface provided by PCTLC for use in accessing the Site, and not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site. You agree to immediately cease and desist any and all uses of PCTLC trademarks, content or other proprietary material upon request by PCTLC.

User Conduct

 You agree not to, and will not assist, encourage, or enable others to:

Limitations of Liability 

Under no circumstances, including, without limitation, negligence, shall PCTLC or its subsidiaries, affiliates, officers, partners, directors, employees, agents, or suppliers be liable for any direct, indirect, incidental, special or consequential damages arising from or in connection with the use or the inability to use the site or any content contained on the site, or any content, products or services provided by third parties, or resulting from unauthorized access to or alteration of your transmissions or data, or other information that is sent or received or not sent or received, including but not limited to, damages for loss of profits, use, data or other intangibles, even if PCTLC has been advised of the possibility of such damages.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above may not apply to you.

PCTLC does not make any warranty that the site or its content will meet your requirements, or that the site or its content will be uninterrupted, timely, or error free, or that defects, if any, will be corrected; nor does PCTLC make any warranty as to the results that may be obtained from use of the site or its content or as to the accuracy or reliability of any information obtained through use of the site or that the site or the server that makes it available are free of viruses or other harmful components or destructive files.

You understand and agree that any content and/or data downloaded or otherwise obtained through the use of the site is at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such content and/or data.

No advice or information, whether oral or written, obtained by you from PCTLC or via the site shall create any warranty not expressly stated herein.

You acknowledge that PCTLC does not control any information, products or services offered by third parties through the site. PCTLC assumes no responsibility for and makes no warranty or representation as to the accuracy, currency, completeness, reliability or usefulness of content, products or services distributed or made available by such third parties through the site.

Some jurisdictions do not allow for the exclusion of certain warranties or conditions, so some of the above exclusions may not apply to you.

Applicable Law and Dispute Resolution

These Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, U.S.A. without giving effect to its conflict of laws provisions. Except as otherwise provided in the following paragraphs, you agree to submit to the personal and exclusive jurisdiction and venue of the courts located within Loudoun County, Virginia, U.S.A. You agree that any claim or cause of action arising out of or related to these Terms of Use or to any Site use must commence within one year after the claim or cause of action arose; otherwise such claim or cause of action is permanently barred, regardless of any statute of limitations to the contrary.

All disputes arising under or relating to these Terms of Use shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes ("Supplementary Procedures"), as amended by the terms of the Terms of Use. The Supplementary Procedures are available online at www.adr.org (click on the link labeled "Rules," and then click on the link labeled "Supplementary Procedures for Consumer-Related Disputes"). To the extent that the arbitrator deems reasonable, the arbitrator shall conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances. In the event that any in-person appearances are required by the arbitrator, such appearances shall be held in Leesburg, Virginia U.S.A. The arbitrator's decision shall be based upon the laws of the Commonwealth of Virginia, without giving effect to any principles of conflicts of law. Arbitration proceedings shall be confidential, and shall be conducted in a manner that preserves such confidentiality. The arbitrator's decision shall follow the plain meaning of the relevant documents and shall be final, binding and non-appealable. The award rendered by the arbitrator may be confirmed and enforced in any court having competent jurisdiction thereof, and you agree that federal and state courts in Loudoun County in the Commonwealth of Virginia shall have such jurisdiction. The foregoing shall not preclude PCTLC from seeking any injunctive relief in a court of law or equity for protection of its intellectual property rights (including the rights of its licensors).

Arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator's authority to resolve and make written awards is limited to claims between you and PCTLC alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in the Terms of Use, and without waiving either party's right of appeal, if any portion of this “Class Action Waiver and Other Restrictions” provision is deemed invalid or unenforceable, then the entire Arbitration Provision (other than this sentence) shall not apply.

If you have any questions regarding our Terms of Use or Privacy Policy, please contact us at:

contact@PCTLearningcenter.org

Any failure by PCTLC to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision. The titles and subtitles used in this Terms of Use are used purely for convenience only and are not to be considered in construing or interpreting this Terms of Use. They carry with them no legal or contractual effect.

You acknowledge and agree that the warranty disclaimers and liability and remedy limitations in the Terms of Use are material terms of this Terms of Use and that they have been taken into account in the decision by PCTLC to provide the Service hereunder.

You may not assign any of your rights, obligations or privileges hereunder without the prior, written consent of PCTLC which may be withheld at PCTLC’s sole discretion. Any assignment of the foregoing other than as provided for in this section shall be null and void, ab initio.

This Terms of Use constitute the entire agreement between you and PCTLC with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and PCTLC with respect to such subject matter. No waiver of any provision or any right granted hereunder will be effective unless set forth in a written instrument signed by the waiving party. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default.

You acknowledge that the provisions of this Terms of Use are intended to inure to the benefit of entities affiliated with PCTLC or licensors of PCTLC or any of its affiliated entities as third party beneficiaries of this Terms of Use or information providers of PCTLC and PCTLC, its affiliated companies or its or their licensors and information providers shall be entitled to enforce such provisions against you.

We may update the Privacy Policy to reflect changes to our information practices. If we make any changes a notice will be posted on this page along with the updated Privacy Policy prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

By using the PCTLearningcenter.org site and any other site provided by PCTLC, you acknowledge that you have read this Terms of Use, and agree to be bound by it.

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Service, please send an e-mail to contact@pctlearningcenter.org. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

© 2020 PCTLearning Center, All rights reserved. 

(Updated:5/2020)