PCI Education Online Content User Agreement | Environmental Print Interactive Assessment

This is a legal agreement (“Agreement”) between you and, if applicable, the organization you represent (“You”) and PCI Educational Publishing, a corporation with an office at 4560 Lockhill Selma Road, San Antonio TX 78249, its affiliates and subsidiaries (collectively, “PCI”).

This Agreement covers:

Your access and use of websites operated by PCI (collectively, the “PCI Website”);
Your free trial or subscription to online services accessible via the PCI Website (the “PCI Online Services”);
Any and all PCI User’s Manual(s), PCI Instructor’s Manual(s) or other written materials provided on the PCI Website or in any other way by or on behalf of PCI in connection with your access, download and/or use of the Online Services (the “PCI Documentation”).

The PCI Online Services and the PCI Documentation are collectively referred to in this Agreement as the PCI Product. Any patch, update, upgrade, modification or other enhancement provided by PCI as part of the PCI Website, PCI Online Services, and the PCI Documentation shall be included within the meanings of those terms for the purposes of this Agreement, except to the extent expressly provided below.

Please read this Agreement carefully. In this Agreement, among other things, You agree to transact with PCI electronically and You agree to resolve any dispute that may arise between You and PCI by arbitration. Please note that we only offer the PCI Product as available and with the limited warranty stated in this Agreement.

If You do not agree to the terms of this Agreement, promptly exit the PCI Website by closing your Internet browser. PCI does not refund any subscription fees paid to third parties. If you have purchased access to the PCI Product from a third party, please contact such third party for a refund. If you have subscribed to access the PCI Product through the PCI Website and wish to cancel your subscription, please contact us at http://www.pcieducation.com/service/contact.aspx or call us at 1-800-594-4263 between the hours of 7:00 a.m. and 5:00 p.m. Monday through Friday (Central Time), and provide your PCI Log-in Name. All payments are non-refundable except at the discretion of PCI.

LIMITED RIGHT OF USE
You are entitled to use the PCI Product for personal use only. You may not sell, offer for sale, distribute copy or transfer reproductions of the PCI Product or any portion of the PCI Product to other parties in any way.

OWNERSHIP; COPYRIGHT
Except as set forth herein, no rights or licenses, express or implied, are granted to You by this Agreement. This Agreement is Your sole source of any intellectual property interest, including, without limitation, copyrights in the PCI Product, and does not represent a sale of a copy of the PCI Product. Title to the PCI Product, and patents, copyrights and all other property rights therein, shall at all times remain solely and exclusively with PCI and its licensors, and You shall not take any action inconsistent with such title. You do not own a copy of the PCI Product, nor does your right to use the PCI Product constitute a “first sale” under the U.S. Copyright Act. The PCI Product is protected by United States, other applicable laws and by international treaty provisions. All trademarks appearing in the PCI Product are the property of their respective owners.

OTHER RESTRICTIONS
You may not cause or permit the disclosure, copying, renting, licensing, sublicensing, leasing, dissemination or other distribution of the PCI Product or any portion of the PCI Product by any means or in any form, without the prior written consent of PCI. You may not modify, enhance, supplement, create derivative work from, adapt, translate, reverse engineer, decompile, disassemble or otherwise reduce the PCI Product to human readable form.

LIMITED WARRANTY
GUESTS AND OTHER USERS WHO ARE PERMITTED TO USE THE PCI PRODUCT ON A TRIAL OR FREE BASIS USE THE PCI PRODUCT AT THEIR OWN RISK, AS AVAILABLE, “AS IS,” “WHERE IS,” AND WITH ALL FAULTS.

For all other users, PCI warrants for a period of ninety (90) days following original purchase of a subscription that the PCI Product will be free from substantial errors or defects that will materially interfere with the user’s ability to access the PCI Online Services. This limited warranty: (i) applies to the initial purchaser only and may be relied upon only by the initial purchaser; and (ii) does not apply to any patch, update, upgrade, modification, or other enhancement provided by PCI.

Except as stated above in the immediately preceding paragraph THE PCI PRODUCT IS PROVIDED ONLY AS AVAILABLE, “AS IS,” “WHERE IS,” AND WITH ALL FAULTS. PCI AND ITS LICENSORS MAKE NO OTHER WARRANTY OR CONDITION, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, REGARDING THE PCI PRODUCT. EXCEPT AS SET FORTH HEREIN, THE IMPLIED WARRANTY THAT THE PCI PRODUCT IS FIT FOR A PARTICULAR PURPOSE, THE IMPLIED WARRANTY OF MERCHANTABILITY, AND ANY AND ALL OTHER IMPLIED WARRANTIES OR CONDITIONS, STATUTORY OR OTHERWISE, ARE HEREBY DISCLAIMED. Some jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may not apply to You. This limited warranty gives You specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction.

If you believe you have found any such error or defect in the PCI Product during the warranty period, contact us at http://www.pcieducation.com/service/contact.aspx or call us at 1-800-594-4263 between the hours of 7:00 a.m. and 5:00 p.m. Monday through Friday (Central Time), and provide your PCI log-in name. If you have a problem resulting from a defect in the PCI Product, PCI and its licensors entire liability, and Your exclusive remedy for breach of this limited warranty, shall be the correction of the PCI Product within a reasonable period of time, and without charge. Some jurisdictions do not allow the exclusion or limitation of relief so the above limitation or exclusion may not apply to You.

LIMITATION OF LIABILITY
PCI AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES, EVEN IF PCI OR ITS LICENSORS ARE ADVISED OF OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL PCI AND ITS LICENSORS AGGREGATE LIABILITY EXCEED THE AMOUNT THAT YOU HAVE PAID, IF ANY, TO USE THE PCI PRODUCT. Some jurisdictions do not allow the exclusion or limitation of special, incidental, consequential, indirect or exemplary damages, or the limitation of liability to specified amounts, so the above limitation or exclusion may not apply to You.

GENERAL
This Agreement constitutes the entire understanding between PCI and You with respect to subject matter hereof. Any change to this Agreement must be in writing, signed by PCI and You. In the event of a conflict between the terms and conditions in any purchase order and this Agreement, the terms of this Agreement shall prevail. You shall be responsible for and shall pay, and shall reimburse PCI on request if PCI is required to pay, any sales, use, value added (VAT), consumption or other tax (excluding any tax that is based on PCI net income), assessment, duty, tariff, or other fee or charge of any kind or nature that is levied or imposed by any governmental authority on your use of the PCI Website or subscription to the PCI Product. PCI may assign this Agreement at any time without notice to You. You may not assign this Agreement to any one else.

EXPORT AND IMPORT COMPLIANCE
In the event You export the PCI Documentation from the country in which You first received it, You assume the responsibility for compliance with all applicable export and re-export regulations, as the case may be. If you are accessing the PCI Product from outside the United States of America, You assume the responsibility for compliance with all applicable import, export and re-export regulations in your country, as the case may be. Your use of the PCI Products outside of the United States of America may be restricted by the jurisdiction(s) in which you are located and/or the jurisdiction(s) from which you access the PCI Product. By placing a check mark in the box below and continuing to use any part the PCI Product, you represent and warrant that you are aware of, and are acting in conformity with, any and all laws, regulations, interpretations, policies, or similar authorities in the country where you are located, including any amendments to such laws, regulations and policies.

GOVERNING LAW; ARBITRATION
This Agreement shall be governed by, and any arbitration hereunder shall apply, (a) the laws of the State of California, USA, excluding its conflicts of laws principles; (b) the United Nations Convention on Contracts for the International Sale of Goods; (c) the 1974 Convention on the Limitation Period in the International Sale of Goods (the “1974 Convention”); and (d) the Protocol amending the 1974 Convention, done at Vienna April 11, 1980.

Any dispute, controversy or claim arising out of or relating to this Agreement or to a breach hereof, including its interpretation, performance or termination, shall be finally resolved by arbitration. The arbitration shall be conducted by three (3) arbitrators, one to be appointed by PCI, one to be appointed by You and a third being nominated by the two arbitrators so selected or, if they cannot agree on a third arbitrator, by the President of the American Arbitration Association (“AAA”). The arbitration shall be conducted in English and in accordance with the commercial arbitration rules of the AAA. The arbitration, including the rendering of the award, shall take place in San Antonio, Texas, USA, and shall be the exclusive forum for resolving such dispute, controversy or claim. The decision of the arbitrators shall be binding upon the parties hereto, and each party shall be responsible for its own costs of arbitration. The decision of the arbitrators shall be executory, and judgment thereon may be entered by any court of competent jurisdiction. Notwithstanding anything contained in this Paragraph to the contrary, PCI shall have the right to institute judicial proceedings against You or anyone acting by, through or under You, in order to enforce PCI’s rights hereunder through reformation of contract, specific performance, injunction or similar equitable relief.

PRIVACY
Your privacy concerns are important to us at PCI, and we are committed to protecting your privacy. You consent that PCI and Your current or prospective educational institution may share personal information about You with each other for the purposes of instruction, testing, assessment, and determination of course placement, eligibility, and program development. Additionally, PCI will not share Your personal information or information on your students with any third party without previous consent from You.

ELECTRONIC RECORDS
Because the use of the PCI Product is electronic, you must consent to our providing important information electronically if you wish to proceed. You may print a copy of these terms for your records by clicking on the “Print this document” link above or the “Print” function in your Internet browser. You further consent to receiving all other notices in electronic form. To retrieve this information electronically, access, and retain any disclosures received, you will need a desktop or laptop personal computer with a minimum current generation web browser as well as a software program capable of retrieving and reading email.