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1.2 You agree to abide by all of the provisions in this Agreement in order to remain an authorized user of the Service, and your use of the Service constitutes your agreement to abide by these provisions. You are solely responsible for your use of the Service, for all use of the Service made by others using your user name and password, and for ensuring that such use complies fully with the provisions of this Agreement.
1.3 PCS reserves the right, in its sole discretion, to change any or all of the provisions of this Agreement at any time. PCS will notify users of any changes by posting them on the Service or through other reasonable means of providing notice. Any changes to this Agreement will be effective immediately upon notice to you. Your use of the Service after notice of changes to this Agreement have been made will be deemed your acceptance of the changes.
1.4 Course purchases are non-refundable. In special cases, and only those due to technical difficulties, refund requests will be considered. PCS will review the technical issues and determine the outcome of the refund request on a case by case basis.
1.5 PCS reserves the right, in its sole discretion, to change, limit, or discontinue any aspect, content, or feature of the Service, as well as any aspect pertaining to the use of the Service. PCS further reserves the right, in its sole discretion, to restrict the use of the Service as well as suspend or revoke your rights to use the Service based on PCS’s belief that your use of the Service violates that permitted by this Agreement or applicable law.
1.6 IF YOU DO NOT AGREE TO THE PROVISION OF THIS AGREEMENT OR ARE NOT SATISFIED WITH THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SERVICE. Regardless of Your billing cycle, there are no refunds or credits for partial months of Service, plan downgrades, or refunds for unused time if you close Your account before the end of Your subscription period. No exceptions will be made in order to treat everyone equally and keep Our administrative costs low for the ultimate benefit of Our customer base. Downgrading Your plan level may cause the loss of content, features, or capacity of Your account and PCS does not accept any liability for such loss.
2. Rights in PCS Service
2.1 The Service is protected by copyright, patent, trademark, and other applicable intellectual property and proprietary rights laws and is owned, controlled, and/or licensed by PCS. The PCS logo is a trademark of PCS Custom Training LLC and its parent or subsidiaries. All other trademarks appearing on the Service are the property of their respective owners.
2.2 PCS hereby grants to you for the term of this Agreement a worldwide, revocable, nonexclusive license to use the Service solely for your personal or internal use only. You will make no other use of the content without the express written permission of PCS, the copyright owner or its authorized agent. You will not modify, publish, distribute, transmit, 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 Service that was not expressly created by yourself. You also will not “frame” any of the content on the Service or the Service itself without the express written permission of PCS and the copyright owner or its authorized agent. You agree that you do not acquire any ownership rights in the Service or in any downloaded content. Your further agree that all rights in the Service and any of the content found on the Service not granted to you under this Agreement are expressly reserved to PCS and/or its licensors.
3. Disclaimer of Warranties & Limitation of Liability
3.1 You expressly agree that use of the Service and the PCS courses (as defined below) is at your sole risk. Neither PCS nor any of its parents, subsidiaries, affiliates, employees, agents, distributors, third party content providers, or licensors (and their respective directors, officers, employees, and agents) warrant that the Service or the PCS courses will be uninterrupted or error free or that they will be free of viruses or other harmful components nor do they make any warranty as to the results that may be obtained from the use of the Service or the PCS Courses, or as to the accuracy, reliability, completeness, or contents of any content, information, material, postings, or posting responses found on the Service or the PCS Courses, any merchandise or services provided through the Service or the PCS Courses, or any links to other sites or services made available on the Service or the PCS Courses.
3.2 THE SERVICE, ALL CONTENT, MATERIAL, INFORMATION, POSTINGS, OR POSTING RESPONSES FOUND ON THE SERVICE, AND THE PCS COURSES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
3.3 Notwithstanding anything in this Agreement to the contrary, under no circumstances, including, but not limited to, negligence, shall PCS or any of its parents, subsidiaries, related companies, affiliates, assignees, successors-in-interest, employees, agents, distributors, third party content providers, partners, licensees, licensors, or sponsors or any of their respective directors, officers, employees, agents and independent contractors (individually and collectively, the “PCS entities”) be liable for any direct, indirect, incidental, special or consequential damages, losses or expenses arising out of or relating to the use of, the misuse of, or the inability to use, any content, information, material, postings, posting responses, modules, features, links or other elements on or of the System or the PCS Courses or any failure of performance, error, omission, interruption, inconvenience, unauthorized access, defect, incorrect sequencing, delay in operation or transmission, virus, configuration or compatibility problem, or line or system failure. These limitations apply regardless of whether the party liable or allegedly liable was advised, had other reason to know, or in fact knew of the possibility of such damages, losses or expenses. You specifically acknowledge and agree that none of the PCS Entities is or will be liable for any defamatory, offensive or illegal conduct of any user. In no event shall the aggregate, total liability of the PCS Entities exceed the amount of the Hosting Fees paid by you to PCS during the twelve (12) months prior to any claim of injury or damage.
4.1 It is understood that PCS is providing educational services and links to additional resources that may provide information to the user at their discretion; however, it is also understood that all decisions by an individual horse owner should be made in conjunction with their veterinarian, and that PCS is not providing a guarantee, endorsement or advice that replaces good veterinary care or the judgment of the user. To the maximum extent permitted by applicable law, you will indemnify and hold harmless PCS (and any of its parts, subsidiaries, affiliates, employees, agents, distributors, third party content providers, or licensors (and their respective directors, officers, employees, and agents)) from and against all claims and liability.
5.1 PCS may terminate this Agreement and your use of the Service, or discontinue the Service, at any time for breach of this agreement and/or failure to pay for or renew services as per the licensing agreement. PCS shall have the right immediately upon notice to you to terminate your use of the Service in the event of any conduct by you which PCS, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement or violation of applicable law.
5.2 PCS may terminate this Agreement, and your use of the Service without notice for inactivity of 6 months or failure to pay for or renew services. If a balance of funds remains in the account when it becomes inactive, subscription dues must be brought current from last payment that was made in order to withdraw funds. Any account balance that is maintained during the period of inactivity will be assessed a fee of 1.8% per month for every month that it was lapsed. It is incumbent on the content creator/author to delete training from the Market Place listings and cancel the account if they no longer wish to sell training through PCS. If training content is not deleted/removed, and it continues to be sold, proceeds from sales will assessed a fee of 60% of sales.
6. Courses License
6.1 If you download any courses provided by PCS from the Service (the “PCS Courses”), PCS grants you a non-exclusive, non-transferable, revocable, license to use the Courses solely to establish a connection and access the Service in accordance with the provisions of this Agreement. The PCS Courses and all proprietary rights within the courses are the sole and exclusive property of PCS and/or licensors. This license to use the PCS Courses terminates automatically upon the termination of this Agreement. You may not modify the PCS Courses code, interface, logos or any other properties belonging to PCS in any manner, nor may you reverse engineer, decompile, translate, disassemble or make any derivative works from the Courses
7. General Terms
7.1 This Agreement and any rules posted on the Service by PCS constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either PCS or you of any breach or default under this Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default. This Agreement shall be binding upon and inure to the benefit of PCS and its successors, trustees, and permitted assigns. PCS may assign this Agreement, or any of its rights or obligations under this Agreement, with or without notice to you. Any such assignment by PCS does not relieve you of your obligations under this Agreement
8.1 The courts of New York, County of Cattaraugus will have exclusive jurisdiction to adjudicate any dispute arising under or in connection with this Agreement.