TERMS OF SERVICE – PRODUCT DEVELOPMENT ACADEMY
We at Product Entrepreneur Academy LLC, dba Product Development Academy (“Product Development Academy ”, “we”, “our”, or “us”) are excited to offer you, the participant (“you”, “your”, or “participant”), a variety of courses, events, consulting, or other services, and a program to accompany us at the Canton Fair in China.
The following terms apply when you purchase courses, events, consulting, or other services from us. Please review the following terms and conditions carefully.
BY PURCHASING COURSES, EVENTS, CONSULTING, OR OTHER SERVICES FROM US, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS OF SERVICE. If you do not agree to these Terms of Service, you may not participate in Product Development Academy courses, events, consulting, or other services.
From time to time during the Term of this Agreement, either party (as the “Disclosing Party”) may disclose or make available to the other party (as the “Receiving Party”) information about its business affairs, products, services, confidential intellectual property, trade secrets, third-party confidential information and other sensitive or proprietary information, whether orally or in written, electronic or other form or media, and whether or not marked, designated or otherwise identified as “confidential” (collectively, “Confidential Information”). Confidential Information shall not include information that, at the time of disclosure: (i) is or becomes generally available to and known by the public other than as a result of, directly or indirectly, any breach of this Agreement by the Receiving Party or any of its representatives; (ii) is or becomes available to the Receiving Party on a non-confidential basis from a third-party source, provided that such third party is not and was not prohibited from disclosing such Confidential Information; (iii) was known by or in the possession of the Receiving Party or its representatives before being disclosed by or on behalf of the Disclosing Party; (iv) was or is independently developed by the Receiving Party without reference to or use, in whole or in part, of any of the Disclosing Party’s Confidential Information; or (v) is required to be disclosed under applicable federal, state or local law, regulation or a valid order issued by a court or governmental agency of competent jurisdiction. The Receiving Party shall: (A) protect and safeguard the confidentiality of the Disclosing Party’s Confidential Information with at least the same degree of care as the Receiving Party would protect its own Confidential Information, but in no event with less than a commercially reasonable degree of care;
(B) not use the Disclosing Party’s Confidential Information, or permit it to be accessed or used, for any purpose other than to exercise its rights or perform its obligations under this Agreement; and (C) not disclose any such Confidential Information to any person or entity, except to the Receiving Party’s representatives who need to know the Confidential Information to assist the Receiving Party, or act on its behalf, to exercise its rights or perform its obligations under the Agreement. The Receiving Party shall be responsible for any breach of provision caused by any of its representatives. On the expiration or termination of the Agreement, at the Disclosing Party’s written request, the Receiving Party shall promptly return, and shall require its representatives to return to the Disclosing Party all copies, whether in written, electronic or other form or media, of the Disclosing Party’s Confidential Information, or destroy all such copies and certify in writing to the Disclosing Party that such Confidential Information has been destroyed. In addition to all other remedies available at law, the Disclosing Party may seek equitable relief (including injunctive relief) against the Receiving Party and its representatives to prevent the breach or threatened breach of this section and to secure its enforcement.
Waiver and Release
Product Development Academy desires to use and publicize your name, likeness, and other personal characteristics for advertising, promotion, and other commercial and business purposes. In exchange for the intangible value you will gain by participating in Product Development
Academy ’s publicity programs and other good and valuable consideration, the receipt and sufficiency of which you hereby acknowledge, you give Product Development Academy permission for such use and publicity for such purposes, according to the terms and conditions set forth in this provision.
You hereby permit, authorize, grant, and license to Product Development Academy , the rights to display, publicly perform, exhibit, transmit, broadcast, reproduce, record, photograph, digitize, modify, alter, edit, adapt, create derivative works, exploit, sell, rent, license, otherwise use, and permit others to use your name, image, likeness, and all materials created by or on behalf of Product Development Academy , that incorporate any of the foregoing (“Materials”), in perpetuity throughout the universe in any medium or format whatsoever now existing or hereafter created, on any platform, for the purposes of advertising, public relations, publicity, packaging, and promotion of Product Development Academy , without further consent from or royalty, payment, or other compensation to you.
Product Development Academy shall be the exclusive owner of all rights, including copyright, in the Materials. You hereby irrevocably transfer, assign, and otherwise convey to Product Development Academy your entire right, title, and interest, if any, in and to the Materials and all copyrights and other intellectual property rights in the Materials arising in any jurisdiction throughout the universe in perpetuity, including all registration, renewal, and reversion rights, and the right to sue to enforce such copyrights against infringers. You acknowledge and agree that you have no right to review or approve Materials before they are used by Product Development Academy , and that Product Development Academy has no liability to you for any editing or alteration of the Materials or for any distortion or other effects resulting from Product Development Academy ’s editing, alteration, or use of the Materials, or Product Development Academy ’s presentation of you. Any credit or other acknowledgment of you, if any, shall be determined by Product Development Academy in Product Development Academy ’s sole discretion. Product Development Academy has no obligation to create or use the Materials or to exercise any rights given by these Terms of Service.
To the fullest extent permitted by applicable law, you hereby irrevocably waive all legal and equitable rights relating to all liabilities, claims, demands, actions, suits, damages, and expenses, including but not limited to claims for copyright or trademark infringement, infringement of moral rights, libel, defamation, invasion of any rights of privacy (including intrusion, false light, public disclosure of private facts, and misappropriation of name or likeness), violation of rights of publicity, physical or emotional injury or distress, or any similar claim or cause of action in tort, contract, or any other legal theory, now known or hereafter known in any jurisdiction throughout the world (collectively, “Claims”) arising directly or indirectly from Product Development Academy ’s exercise of its rights under these Terms of Service or the production, exhibition, exploitation, advertising, promotion, or other use of the Materials, and whether resulting in whole or in part by the negligence of Product Development Academy or any other person, and you covenant not to make or bring any such Claim against Product Development Academy , and forever release and discharge the Product Development Academy from liability under such Claims. You understand that Product Development Academy is relying on these Terms of Service and will incur significant expense in reliance on this Agreement, and you agree that these Terms of Service cannot be terminated, rescinded, or modified, in whole or in part.
You represent and warrant to Product Development Academy that you have full right, power, and authority to enter into these Terms of Service and grant the rights hereunder.
These Terms of Service are binding on and inure to the benefit of Product Development Academy and our respective heirs, executors, administrators, legal representatives, successors, and permitted assigns.
THESE TERMS OF SERVICE PROVIDE PRODUCT DEVELOPMENT ACADEMY WITH YOUR ABSOLUTE AND UNCONDITIONAL CONSENT, WAIVER, AND RELEASE OF LIABILITY, ALLOWING PRODUCT DEVELOPMENT ACADEMY TO PUBLICIZE AND COMMERCIALLY EXPLOIT YOUR NAME, LIKENESS, AND OTHER PERSONAL CHARACTERISTICS AS SET OUT ABOVE. BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE PRODUCT DEVELOPMENT ACADEMY.
About Product Development Academy
Product Development Academy provides courses and consulting to teach business people information about product development.
As a condition of your participation in a course, you warrant that:
- you are at least 18 years of age;
- you possess the legal authority to create a binding legal obligation;
- all information supplied by you is true, accurate, current and complete;
- you will inform such other persons about the Terms of Service that apply to the courses you have purchased on their behalf, including all conditions and restrictions applicable thereto;
- you will prepare appropriately for the courses by familiarizing yourself with the course materials and supporting documentation provided by Product Development Academy;
- you will obtain all necessary travel documents for participation in any courses involving travel, including (if applicable) a valid passport and visa;
- you will respect the course itinerary as scheduled (or as adjusted by your instructors);
- you will familiarize yourself with, and abide by, the laws of the jurisdiction in which your courses takes place;
- you will follow considerate social behavior and respect to other course participants; and
- you will regard local customs and environmental sensitivity of the country you visit for the courses that involve travel.
Product Development Academy may contract with independent contractors to provide transportation, accommodation services, instructor services, and/or all other related course services. We assume no responsibility, however caused, for injury, loss, or damage, to person or property in connection with any service provided by an independent contractor or resulting directly from the following majeure or events beyond our control, including, but not limited to, weather issues, failure of any means of transportation to arrive or depart as scheduled, changes in transportation or accommodations, or any other independent contractor services.
Changes to Course Itinerary and Materials
We reserve the right to make reasonable changes in the course itinerary and materials to provide the best experience for our course participants.
Full payment is required before the start date of the course, unless registered for a payment plan. Failure to fulfill payments under payment plan will result in entire amount due immediately, plus participant will be liable for any costs to collect balance including court costs and attorney fees.
All payments are processed in the United States and to be received in USD.
Some banks and credit card companies impose fees for international or cross border transactions. In addition, some banks and card companies impose fees for currency conversion. If you have any questions about these fees or the exchange rate, please contact your bank.
If You Cancel Your Course Registration
Product Development Academy does not give any refunds for unused time, meetings, classes, consulting, or other services.
Product Development Academy offers no refunds and no credits are given for unused services.
Product Development Academy does not give any refunds for unused hotel rooms, meals, or other travel arrangements.
If We Cancel a Course
You will be advised at the time of booking of the current status of the course. This will help you decided whether it is appropriate for you to make travel arrangements and reservations (e.g. flights to and from the course city).
Product Development Academy reserves the right to cancel any course where the minimum number of participants is not met. In this case a full refund of the course fees advanced will be given. Note however, Product Development Academy is not responsible for exterior expenses incurred by you in preparing for the course (e.g., non-refundable air tickets, visa fees if applicable). FOR THIS REASON, PRODUCT DEVELOPMENT ACADEMY REQUIRES YOU TO
PURCHASE TRAVEL INSURANCE (See “Travel Insurance” section, below).
We also reserve the right to cancel all or a portion of a course for a force majeure event or any other circumstances beyond our control and, in the event of such cancellation, full or partial refunds, if any, will be at Product Development Academy ’s sole discretion.
Other Situations in Which Your Participation in a Course May Be Cancelled
Travel Documents Invalid/Unavailable. If you are unable to procure the necessary travel documents (e.g. passport, visa) to travel to the course destination city, or if your travel documents are invalid or unavailable to use for the required travel, your participation in the course will be cancelled.
Subject to the fees’ schedule provided above, if you are entitled to a refund of any pre-paid course fees, you may elect to: (1) receive reimbursement of the applicable fees; or (2) use the pre-paid course fees as credit for a future course. If you elect to use the prep-paid fees as a credit, you will be responsible for paying the difference between the original course price and the current course price. Furthermore, any credits must be used within two years of the cancellation date of your original course.
Violation of Laws. If you disregard or are in violation of the laws of the jurisdiction in which the courses take place, you will be removed from the courses and may be subject to prosecution by local or federal authorities. In such an event, you will be responsible for any and all costs incurred in connection with your unlawful activities. You will not be entitled to a refund of the courses. Product Development Academy reserves the right to recover from you any costs incurred as a result of your unlawful activities.
Participant Behavior. Product Development Academy reserves the right, in our sole discretion, to decline, accept, or detain any person as a course participant should such person’s behavior, health, or mental condition impede the operation of the courses.
We require all of our course participants to have travel insurance for the entire period of courses and events that include travel, including start and end dates of participant’s travel. Please note that your regular health, homeowners, or other forms of personal self-insurance may not cover you for the travel activities contemplated herein. As such, valid proof of travel insurance must be provided to Product Development Academy prior to the start of any course.
You are advised to make appropriate arrangements to limit the impact from flight delays and lost or stolen luggage. Product Development Academy is not responsible to you or any course participant for any costs related to delayed or canceled flights, damaged, lost, or stolen baggage, money, or goods.
BY PROVIDING SERVICES IN PARTICULAR INTERNATIONAL DESTINATIONS, PRODUCT DEVELOPMENT ACADEMY DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH AREAS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
Disclaimer of Warranties
Product Development Academy courses are for educational purposes only, and Product Development Academy does not guaranty that you or your business endeavors will be successful and/or garner monetary returns. Product Development Academy is not affiliated with the Canton Fair and does not guaranty the Canton Fair will meet your business expectations or requirements. As with any business endeavor, there is a financial risk in pursuing business relationships relating to your participation in the courses and/or the Canton Fair.
YOU ACCEPT PRODUCT DEVELOPMENT ACADEMY SERVICES ARE PROVIDED “AS IS,” WITH NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR ANY IMPLIED WARRANTY ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PRODUCT DEVELOPMENT ACADEMY HAS NO OBLIGATION TO INDEMNIFY OR DEFEND YOU AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
Applicable Law, Forum & Attorney’s Fees
These Terms of Service are governed by and shall be construed in accordance with the laws of the state of Washington, without any reference to its choice of law rules. You agree that any dispute arising from these Terms of Service or in any way associated with the courses shall be brought in the Superior Court of King County, Washington, or in the U.S. District Court for the Western District of Washington, and you agree to the jurisdiction and venue of those courts for any such dispute. In any litigation in which the validity or enforceability of this agreement is contested, you agree that the prevailing party will pay all attorney’s fees and costs of the parties seeking to uphold the agreement.
You have fully informed yourself of the contents of this agreement by reading it before signing it. No oral representations, statements or other inducements to sign this agreement have been made apart from what is contained in this document.