Acceptance of Terms and Conditions for Participation in the Proctor Gallagher Consultant Training Program
This Acceptance of Terms and Conditions (the “Agreement“) applies to your (“you” or “your”) participation in the Proctor Gallagher Consultant Training Program and its related courses, materials, websites and associated programs (collectively referred to as the “Program”) offered by the Proctor Gallagher Institute, L.P. (“PGI” and collectively referred to with you as the “Parties” and singularly as a “Party”).
- Term of Agreement. The term of this Agreement shall be from the time PGI accepts of your enrollment in the Program (the “Effective Date“) until the completion of the Program or, alternatively, upon termination by either Party. Either Party may terminate this Agreement at any time by giving the other Party written notice of termination. Unless otherwise agreed to by PGI or stated herein, termination will not release either Party from any obligations that arose prior to the date written notice of termination was given.
- PGI Consultant Certification Requirement. To attend the Program you must: (1) have completed the Thinking Into Results Certification Program and be current with all annual certification dues required by PGI; (2) be a sales team member of an individual that has completed the Thinking Into Results Certification Program that is current with all annual certification dues required by PGI; (3) be enrolled in the Thinking Into Results Certification Program and have paid your full tuition for the certification training; (4) be enrolled in the Thinking Into Results Certification Program and current with your payments under the six (6) month payment plan authorized by PGI; or (5) uncertified TIR consultants that are otherwise recognized by PGI to teach the Thinking Into Results materials and content.
- Program Participation Payments. You agree to pay PGI the total amount listed for participation in the Program (the “Program Tuition”). The Program Tuition is the amount you and PGI agreed upon for your participation in the Program. By enrolling in the Program, you agree to pay PGI the Program Tuition, and you further agree to be bound by the terms and conditions set forth in this Agreement. PGI may permit you to pay an initial deposit for participation in the Program or PGI, in its sole and absolute discretion, may agree to other payment arrangements for payment of the Program Tuition. You must pay PGI the full Program Tuition to be eligible to attend the Program. All delinquent, deactivated and/or on hold Program Tuition payment accounts maintained with PGI must be resolved in advance of the Program for you to be eligible to attend. If you fail to make any Program Tuition payment(s) to PGI on an agreed upon date, PGI may deem all sums due by you immediately payable to the company. Additionally, if you fail to make any payment(s) to PGI on an agreed upon date, PGI may suspend your ability to receive products and services related to the Program. Any such suspension, however, does not relieve you of your obligation to pay PGI the full Program Tuition.
- Program Materials. PGI may provide you with certain digital or other materials in connection with attending the Program. Unless otherwise agreed to by PGI, any digital or other materials associated with the Program will be added to your online account after you have completed the Program. If you have registered to attend a Program and subsequently canceled any digital or other materials provided by PGI associated with the Program will be added to your online account after you have completed the Program. You may not resell, redistribute, copy, duplicate or otherwise make available to any third party digital or other materials provided to you by PGI related to the Program or your attendance at the Program. Should you decide to cancel your participation in the Program prior to completion without written alternative accommodations approved by PGI, you are required to return directly to PGI all copies of any materials provided to you in connection with the Program and the Proctor Gallagher Consultant Thinking Into Results Certification Program (the “Certification Program”), which expressly includes all digital content capable of being returned (the “Required Returned Materials”). Should the Required Returned Materials be returned to the delivery warehouse or another PGI third party provider other than directly to PGI you shall be responsible for all handling, restocking or other fees imposed for the transaction. You are also required to cease accessing, using, selling, distributing, advertising and/or offering any materials related to the Program or the Certification Program to the public.
- TIR Ticket Benefit. If you have enrolled in the Certification Program before May 12, 2017, you will be entitled to attend and fulfill the Consultant Training Requirement at no cost within twelve (12) months after enrolling in the Certification Training (your “TIR Ticket Benefit”) . If you fail to redeem your TIR Ticket Benefit within (12) moths after enrolling in the Certification Training and you do not obtain an extension from PGI to complete the requirement, which includes the payment of all fees associated with such an extension, you may still fulfill the requirement by attending the consultant training at your own cost. You may use your TIR Ticket Benefit to attend a training session and cancel your attendance no less than thirty (30) days before the scheduled start of the training session without penalty, thereby allowing you to redeem your TIR Ticket Benefit at a subsequent training session. Should you cancel your attendance less than thirty (30) days before the scheduled start of the training session you forfeit the right to use your TIR Ticket Benefit and must complete the Consultant Training Requirement at your own cost. If you have enrolled in the Certification Training after May 12, 2017 you are responsible for all costs associated with participating in the Consultant Training and completing the Consultant Training Retirement, which expressly includes all non-PGI provided meals, lodging, transportation and other related expenses.
- Program Participation at Your Own Risk. PGI does not guarantee that you will achieve any specific personal, professional or financial results by your participation in the Program. PGI also does not guarantee you will earn any specific amount of income as a result of your participation in the Program. PGI makes no promises, representations or warranties concerning the viability of any goals, aspirations or endeavors you may identify or choose to pursue during or as a result of your participation in the Program. You agree to participate in the Program at your own risk. Program information, services and products are used at your own risk. You are solely responsible for any decisions and actions that result from your use of Program related information, products and services. PGI does not provide psychological, investment or financial advice.
- Mandatory Attendance Requirement. Due to its unique and interactive nature, in-person attendance at all sessions is mandatory to participate in the Program. If you cannot attend each session of the Program during its duration, PGI may, in its sole and absolute discretion, terminate your continued participation. You are prohibited from transferring to another scheduled Program. You also may not seek to make-up any session or sessions missed during the Program through attendance at a subsequently conducted Program.
- Attendance Accommodations And Expenses. You are solely responsible for any hotel accommodation, travel, transportation, parking and transfer expenses associated with attending the Program. You are also responsible for all meals not otherwise provided by PGI in connection with the Program.
- Refund Policy. The Program Tuition, or any part paid thereof, shall be nonrefundable thirty (30) calendar days before the start of the Program for which you have originally enrolled. Thereafter, the Program Tuition, or any part paid thereof, may be applied as a credit to the next Program being conducted by PGI. All cancellations seven (7) calendar days or less before the start of a Program shall result in you being assessed a $450.00 cancellation fee. PGI, in its sole and absolute discretion, may elect to issue refunds and/or Program credits to any enrollee where exceptional, unusual and/or extraordinary circumstances exist. All funds paid by you to PGI are deemed earned upon receipt.
- Ownership Rights and Proprietary Information. PGI and/or its affiliated entities own all right, title and interest (including all intellectual property rights throughout the world) relating to any and all works of authorship, designs, know-how, ideas, course materials, products, services and information related to the Program. You agree that all materials provided to you as part of the Program, which are confidential and proprietary in nature, will be held in confidence and not disclosed by you to anyone without PGI’s written consent.
- Intellectual Property. All trademarks, service marks, trade names, logos, patents and copyrighted materials associated with the Program (the “PGI Intellectual Property“) are the property of PGI and/or its affiliated entities. You agree not to interfere or infringe upon the PGI Intellectual Property by, among other things, the following: (1) duplicating or creating works (including any derivative works) that are the same or substantially similar to the PGI Intellectual Property; (2) registration, creation or use of trademarks, service marks or domain names that are the same or substantially similar to the PGI Intellectual Property; (3) use, manufacture, import, or sale of any product or service that infringes upon the PGI Intellectual Property; and (4) any action that would pass off or create the appearance of an association with or endorsement by PGI. You may not advertise, promote, post or otherwise hold yourself out as having completed the Program if you have not done so.
- Consent to Use Likeness. By participating in the Program, you expressly grant PGI consent to capture, record, replicate, reproduce, publish and otherwise disseminate your name and likeliness, in video, audio, digital or other format, derived from your participation in the Program or in events associated with your participation in the Program for use by PGI in any and all promotional, educational or marketing material.
- Modification. PGI may modify or amend any of the terms and conditions contained in this Agreement at any time by posting a change notice or a new version of the Agreement on the applicable Program website or by otherwise advising you of the amendment/modification. If any such amendment/modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Program following the posting of a change notice or a new version of this Agreement on the applicable Program website or following notice of the modification/amendment will constitute your binding acceptance to the new terms and conditions.
- Indemnification. You agree to indemnify, hold harmless and defend PGI (as well as its members, employees, instructors, vendors, independent contractors, service professionals and affiliated entities) against any and all claims, expenses, costs, causes of action and damages (including those for personal injury, property damage and reasonable attorney’s fees) relating to your participation in the Program or relating to your violation of this Agreement.
- Assignment. You may not assign this Agreement, or any obligations under this Agreement, without PGI’s prior written consent.
- Limitation of Liability. PGI (as well as its members, employees, instructors, vendors, independent contractors, service professionals and affiliated entities) shall not be liable for any indirect, incidental, special or consequential damages of any nature (including but not limited to claims for personal injury, property damage, loss of revenue, profits) related to your participation in the Program. Under no circumstances shall PGI’s liability, if any, exceed the Program Tuition.
- Governing Law; Class Action Waiver. This Agreement will be governed by, and construed in accordance with, the laws of the State of Nevada, without reference to rules governing choice of laws. You irrevocably and unconditionally waive, to the fullest extent permitted by law, any right you may have to participate as a representative or member of any class of claimants in any class action lawsuit against PGI, or any of its affiliated entities, that relates to your participation in the Program.
- Arbitration. Any dispute or claim arising out of or related to this Agreement, its performance, breach, or interpretation (including issues about its validity or enforceability), shall be resolved by binding arbitration before the American Arbitration Association (the “AAA”) with the appointment of a single arbitrator. The AAA rules and procedures governing civil proceedings shall apply to the proceedings. Either Party may seek judicial relief to compel the other Party to comply with the provisions of this Section or otherwise seek applicable injunctive or equitable relief. The arbitration shall be held in Las Vegas, Nevada. Both Parties hereby irrevocably consent to AAA arbitration in Las Vegas, Nevada, as well as the jurisdiction of the courts located in Clark County, Nevada for injunctive, equitable relief and enforcement purposes. Any arbitration award shall be final, binding and non-appealable. All awards may be filed with one or more courts, state, federal or foreign, having jurisdiction over the Party against whom such award is rendered or its property.
- Legal Age. You represent that you are of legal age to enter into this Agreement.
- Relationship of Parties. Nothing in this Agreement or through your participation in the Program shall create a partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and PGI.
- Miscellaneous. This Agreement, together with any invoices provided by PGI, constitutes the entire understanding of the Parties with respect to your participation in the Program. This Agreement, together with any invoices provided by PGI, revokes and supersedes all prior or contemporaneous agreements, communications, proposals or understandings, whether electronic, oral or written, between the Parties regarding your participation in the Program.
Notification of claimed non-compliance with either the GDPR or the LGPD should be sent via email to the designated Data Protection Officer at [email protected] or via U.S. Mail addressed to Proctor Gallagher Institute – Data Protection Officer, 14354 N Frank Lloyd Wright Blvd, Suite 18 Scottsdale, AZ 85260.