Policies & License Terms
Discounts
There is a 10% discount for multiple participants if two or
more from the same site attend the same program.
Cancellations
Due to the small number of
participants allowed in each program, if cancellation occurs within two weeks of
the program date, the full fee is non-refundable. If rescheduling occurs within
two weeks of the program, 25% of the fee is non-refundable.
Privacy
We only ask you to
provide information that we need in order to deliver the
services or information you have requested.
We don’t share the
information you have given us with any person or organization
external to PowerSpeaking, Inc. We do not sell your name and/or
personal information to anyone.
If our information
practices change at some time in the future, we will post the
policy changes here on the site. If you are concerned about how
your information is being used, you should check back here
periodically, or send us an e-mail.
If you have any
questions or concerns, or feel that we are not following our
stated information policy, please feel free to call us at 800.828.1909
or 650.631.8459, or
send e-mail to
.
Terms & Conditions of
License
PowerSpeaking, Inc.’s
DVD and streaming video
programs are licensed, not sold, to individual end users subject to the
following terms and conditions. By ordering and providing payment for PowerSpeaking’s DVD or streaming video programs, you are agreeing to be bound by
the terms and conditions stated below. If you do not agree with these terms, do
not order or pay for the programs.
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Single Individual User License. PowerSpeaking’s DVD and streaming video
programs contain copyrighted works of authorship of PowerSpeaking, Inc. or its
licensors. PowerSpeaking exclusively retains all title to the programs. When
you order and pay for the programs, subject to these Terms & Conditions of
License (“Terms”), you acquire title to the media on which the programs are
recorded and PowerSpeaking grants to you a nonexclusive, nontransferable license
to download, display, use and privately perform the programs for personal and
individual use solely in accordance with these Terms.
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License Restrictions. You may use the programs only on any central
processing unit ("CPU"), workstation or portable computer that you use for
individual, personal use, specifically excluding any file server or Internet
server that is owned or controlled by you or a business entity for use by
multiple users. No right or license is granted to: reproduce the programs,
except that you may transiently store a copy of streaming video programs in one
computer as part of downloading and displaying the programs; prepare derivative
works; or display or perform the programs to or for two or more persons. (Group
use and corporate licenses are available separately; please contact us for
details.) Use, reproduction, re-distribution, or any use not expressly granted
herein, are prohibited without an express grant of rights by PowerSpeaking in
its sole discretion subject to a separate written agreement. You may not sell,
rent, lease, sub-license or otherwise transfer the programs. You may sell title
to the media on which the programs are recorded. No license is granted with
respect to any trademark of PowerSpeaking.
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Termination. The term of the license herein starts on the date that you
receive the programs. You may terminate these Terms at any time by notifying
PowerSpeaking and destroying all copies of the programs, but all fees are
non-refundable. These terms and all licenses granted hereunder will terminate
immediately without notice from PowerSpeaking if you fail to comply with any
provision of these Terms, and upon termination, you must destroy all copies of
the programs.
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Disclaimer of Warranty. PowerSpeaking makes no warranties of any kind
with respect to any effect that use of programs may have on third party software
or applications. You acknowledge and agree that the use of the programs is at
your sole risk. The programs are provided "AS IS" without warranty of any kind.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, POWERSPEAKING DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NONINFRINGEMENT. No oral or written information or advice given by PowerSpeaking
or its representatives shall create a warranty or increase the scope of this
warranty. Some jurisdictions do not allow the exclusion of implied warranties,
so the above exclusion may not apply.
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Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE
LAWS, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL POWERSPEAKING BE
LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES
FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS
INFORMATION AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE
PROGRAMS, EVEN IF POWERSPEAKING OR ITS AUTHORIZED REPRESENTATIVE 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
the above limitation or exclusion may not apply. In no event shall
PowerSpeaking's total liability to you for all damages, losses, and causes of
action of any kind exceed the program fees paid by you.
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Controlling Law and
Severability. These Terms and licenses granted hereunder
shall be governed by and construed in accordance with the
laws of the State of California. If a court finds any
provision or portion hereof to be unenforceable, that
provision shall be enforced to the maximum extent
permissible to effect the intent of the parties, and the
remainder shall continue in full force and effect.
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Entire Agreement. These
Terms and your Order Confirmation Form constitute the entire
agreement between the parties with respect to the use of the
programs, and supersede all prior or contemporaneous
understandings or agreements, written or oral. Any
additional or different terms or conditions proposed by you
or contained in any purchase order are hereby rejected and
shall have no force or effect unless expressly agreed in
writing by PowerSpeaking. No amendment to or modification of
these Terms is binding unless in writing and signed by an
authorized representative of PowerSpeaking.
Copyright © 2002-2008 PowerSpeaking, Inc.
All rights reserved. PowerSpeaking, HighTechSpeaking, Speaking To The Big Dogs, and
FastTrackSpeaking are trademarks of PowerSpeaking, Inc. |