PERC Terms & Conditions

 

Photographer’s Education and Resource Center, Inc. (“PERC”) provides the PERC download capability and other content (collectively, www.perconline.org) subject to your compliance with the terms and conditions below. PLEASE READ THIS BEFORE ACCESSING THE PERC SITE. BY ACCESSING THE PERC SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE PERC SITE.

1.  Rules

While visiting the PERC Site, you may also not: post, transmit or otherwise distribute information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use the PERC Site in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the PERC Site or the Internet; post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component; upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the PERC Site which is protected by copyright, or other intellectual property right, or derivative works with respect hereto, without obtaining permission of the copyright owner or rightholder.

2.  Monitoring

PERC has no obligation to monitor the PERC Site. However, you agree that PERC has the right to monitor the PERC Site electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the PERC Site properly, or to protect itself or its subscribers. PERC will not intentionally monitor or disclose any private electronic-mail message unless required by law. PERC reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this Agreement.

3.  Privacy

PERC cannot ensure or guarantee privacy for PERC users. It is therefore recommended that this service not be used for the transmission of confidential information. Any such use shall be at the sole risk of the user, and PERC and its affiliate and related companies shall be relieved of all liability in connection therewith.

4.  Buying over the Internet

When making purchases or other transactions through the PERC Site or the Internet, you may also be asked by the Merchant or information or service provider to supply certain information, including credit card or other payment mechanisms. You agree that all information you provide any merchant or information or service provider through the PERC Site will be accurate and complete. You agree to pay all charges incurred by you or other users of your account and credit card or other payment mechanisms at the prices in effect when such charges are incurred. You also will be responsible for paying all applicable taxes, if any, relating to purchases on the PERC Downloads Site. PERC is in no way responsible for any charges you or any user of your account incurs when making purchases or other transactions in this manner.

5.  Limitation of Liability

PERC takes no responsibility for the accuracy or validity of any claims or statements contained in the documents and related graphics on the PERC Site. Further, PERC makes no representations about the suitability of any of the information contained in software programs, documents and related graphics on the PERC Site for any purpose. All such software programs, documents and related graphics are provided without warranty of any kind. In no event shall PERC be liable for any damages whatsoever, including special, indirect or consequential damages, arising out of or in connection with the use or performance of information, applications, or other material available from the PERC Site.

6.  Recourse

If you are dissatisfied with the PERC Site or with any terms, conditions, rules, policies, guidelines, or practices of PERC in operating the PERC Site or providing Activities or any Services, your sole and exclusive remedy is to discontinue using the PERC Site or PERC Activities and Services.

7.  Confidential Information

You authorize PERC to collect from any party and to retain all relevant information relating to your use of the PERC Site, and you hereby authorize any party to provide us with such information. You understand and agree that unless you notify PERC to the contrary by e-mailing us, you further authorize PERC to disclose, on a confidential basis, to any party with whom PERC has business relations, all relevant information relating to your dealings with us and the PERC Site.

8.  Indemnity

You agree to defend, indemnify and hold PERC and its affiliate and related companies harmless from any and all liabilities, costs and expenses, including reasonable attorneys’ fees, related to any Violation of this Agreement by you or users of your account, or in connection with PERC activities, the use of the PERC Downloads Site or the Internet or the placement or transmission of any message, information, software or other materials on the PERC Downloads Site or on the Internet by you or users of your account.

9.  Courses, Classes, Workshops, Webinars, Certification Program Activities

You acknowledge that for classroom, studio, webinar or field based activities, including but not limited to courses, classes or workshops, there may be a minimum enrollment number of paying students required before the activity will be held. In the event the minimum number is not reached, it is at the sole discretion of PERC to hold the activity as planned, reschedule it, cancel it or otherwise adjust the duration or contents of the activity to make the activity economically viable. All PERC activities for which you enroll may be recorded, audio or video, for promotional, marketing, sales, training or administrative purposes without prior notice and without any compensation in whatever form to students. PERC will have sole discretion on use of recorded material.

9A. Activities Indemnification, Waiver of Liability

I hereby release, waive, discharge and covenant not to sue Theodore Salamone, 20/20 Photo & Video, The Photographer’s Education & Resource Center, Inc., PERC Photography School, their officers, owners, vendors, agents, subcontractors, volunteers, other participants, and employees (hereinafter referred to as “releasees”) from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or relating to any loss, damage or injury, including death, that may be sustained by me, or to any property belonging to me, or to any minor children that have enrolled where you are the legal parent or guardian, whether caused by the negligence of the releasees, or otherwise, while participating in the Activity, or while in, on or upon the premises where the Activity is being conducted, while in transit to or from the premises, or in any place or places connected with the Activity.

I am fully aware of risks and hazards connected with being on the premises and participating in the Activity, and I am fully aware that there may be risks and hazards unknown to me connected with being on the premises and participating in the Activity, and I hereby elect to voluntarily participate in the Activity, to enter upon the Activity premises and engage in activities knowing that conditions may be hazardous, or may become hazardous or dangerous to me and my property.  I voluntarily assume full responsibility for any risks of loss, property damage or personal injury, including death, that may be sustained by me, or any loss or damage to property owned by me, as a result of my being a participant in the Activity, whether caused by the negligence of releasees or otherwise.

 I further hereby agree to indemnify and save and hold harmless the releasees and each of them, from any loss, liability, damage or costs they may incur due to my participation in the Activity, whether caused by the negligence of any or all of the releasees, or otherwise.

It is my express intent that this Release shall bind the members of my family and spouse, if I am alive, and my heirs, assigns and personal representative, if I am deceased, and shall be deemed as a Release, Waiver, Discharge and Covenant Not to Sue the above named releasees.

 I further expressly agree that this release and assumption of risks agreement is intended to be as broad and inclusive as permitted by the laws of Wake County, North Carolina and the US federal government, and that if any portion thereof is held invalid, I agree that the balance shall, notwithstanding, continue in full legal force and effect.

By enrolling I hereby sign this release, and I acknowledge and represent that:

 I have read the foregoing release, understand it, and sign it voluntarily as my own free act and deed;

No oral representation, statements or inducements, apart from this written agreement, have been made;

I am at least eighteen (18) years of age and fully competent; I execute this Release for full, adequate and complete consideration fully intending to be bound by same; and I am in good health. I further declare that I am physically fit and capable of participating in the Activity.

9B. Minor Waiver of Liability Addendum to 9A.

As the Parent or Legal Guardian for a child or children under the age of 18 being registered for a PERC activity, I execute this and execute this Release for full, adequate and complete consideration fully intending to be bound by same; and state that the child or children are in good health. I further declare that they are physically fit and capable of participating in the Activity.

Please note that we allow MATURE children aged 12 to 18 to participate. We may require that a parent or guardian remain with the child for the duration of the activity.

10.  Cancellations and Refunds

You acknowledge that there are no refunds, whole or partial, for any PERC activity if you miss the scheduled date or start time. If PERC cancels an activity, for any reason, PERC will offer a credit toward another activity.

For Groupon, Living Social and similar promotions where bound by law, there is a 72 hour cancellation notice in effect. If not bound by a specific local, state or federal law then there are no refunds, whole or partial, for any PERC activity if you miss the scheduled date or start time.

11.  Trademarks

Photographer’s Education & Resource Center, Inc., PERC Photography School, PERC™ and other names, logos and icons identifying PERC and PERC products and services referenced herein are trademarks or registered trademarks of Photographer’s Education & Resource Center, Inc. All other product and/or brand or company names mentioned herein are the trademarks of their respective owners.

12.  DISCLAIMER

THE SOFTWARE, CONTENT, GRAPHICS AND OTHER MATERIALS CONTAINED IN THIS ARCHIVE AND ON THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE ENTIRE RISK AS TO THE RESULTS AND THE PERFORMANCE OF THE SOFTWARE IS ASSUMED BY THE USER, AND IN NO EVENT WILL PERC BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR DIRECT DAMAGES SUFFERED IN THE COURSE OF USING THE SOFTWARE , CONTENT, GRAPHICS AND OTHER MATERIALS CONTAINED IN THIS ARCHIVE AND ON THIS SITE . USE OF THE FREEWARE AND SHAREWARE PROGRAMS CONTAINED IN THIS ARCHIVE AND ON THIS SITE ARE GOVERNED BY THEIR RESPECTIVE LICENSE AGREEMENTS AND MAY CONTAIN RESTRICTIONS ON USE INCLUDING, BUT NOT LIMITED TO, THE REQUIREMENT(S) TO PAY THE AUTHOR(S) A SPECIFIED AMOUNT AFTER A TRIAL PERIOD HAS ELAPSED.

13.  Miscellaneous

This Agreement, including any and all documents referenced herein, constitute the entire agreement between PERC and you pertaining to the subject matter hereof. PERC’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provisions or right. If any of the provisions contained in this Agreement be determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein. This Agreement shall be governed by and construed in accordance with the laws of the state of North Carolina, Wake County and the federal laws of the United States applicable therein.