Effective June 7, 2019
a) SSPG Materials means (i) any material published on the CSCTA.net or ExecQtion.com websites or provided in printed documents for utilization in a course, including both SSPG-owned products, and materials that SSPG does not own, but which SSPG is authorized to resell; and (ii) any other material available on the websites.
b) User means any entity that has registered with SSPG as an official course subscription member.
c) You means any individual who has accessed SSPG Materials.
3. If Users do not accept these Terms, do not process an invoice or access SSPG Materials.
4. SSPG Materials are produced, distributed, owned, and copyrighted by SSPG. SSPG Materials are for Your personal, educational use only. Use for any other purpose is expressly prohibited. Users shall not photocopy, duplicate, translate, display, upload, modify, distribute, transfer (electronically or otherwise), or create derivative works of SSPG Materials, or any adaptation, transcription, portion, or merged portion thereof, except as expressly authorized in writing by SSPG’s Chief Executive Officer. In the event of any breach of this paragraph, Users shall be responsible for any and all costs and attorneys’ fees incurred by SSPG in enforcing the foregoing.
5. Users shall not use SSPG’s service marks, trademarks and logos without SSPG’s prior written consent, and if such consent is provided, in a manner approved by SSPG.
6. Disclaimer. SSPG DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND RELATING TO THE INFORMATION AND MATERIALS (EDUCATIONAL OR OTHERWISE) PRESENTED, DISTRIBUTED, OR MADE AVAILABLE BY ASCM OR INSTRUCTOR TO USERS, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
7. Limitation of Liability. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR: (i) ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES OR LOST PROFITS ARISING OUT OF THESE TERMS OR USE OF ANY SSPG MATERIALS; OR (ii) ANY CLAIM ALLEGING THAT THESE TERMS OR SSPG MATERIALS ARE DEFICIENT OR INADEQUATE; OR (iii) ANY CLAIM ARISING OUT OF THE ACTIONS OR OMISSIONS OF INSTRUCTOR. THE FOREGOING LIMITATIONS UPON DAMAGES AND CLAIMS SHALL APPLY WITHOUT REGARD TO WHETHER ANY PROVISION OF THESE TERMS HAS BEEN BREACHED OR PROVEN INEFFECTIVE. IF ANY PORTION OF THE FOREGOING LIMITATION OF LIABILITY SHALL, FOR ANY REASON WHATSOEVER, BE HELD BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE OR IS EXPRESSLY PROHIBITED BY APPLICABLE LAW, THAT PORTION SHALL BE NULL AND VOID, AND THE REMAINING PROVISIONS SHALL CONTINUE IN FULL FORCE AND EFFECT. IN THE EVENT OF NON-PERFORMANCE OR BREACH OF THESE TERMS BY SSPG, SSPG'S TOTAL LIABILITY TO USERS SHALL IN NO EVENT BE MORE THAN THE TOTAL AMOUNT USERS HAVE PAID SSPG IN THE LAST TWELVE (6) MONTHS. THIS LIMITATION APPLIES TO LOST PROFITS, LOSS OF USE, AND ALL OTHER TYPES OF ECONOMIC DAMAGES. THIS LIMITATION WILL NOT APPLY TO CLAIMS RELATED TO A PARTY’S (i) FAILURE TO COMPLY WITH LAWS, OR (ii) BREACH OF CONFIDENTIALITY, OR (iii) THIRD PARTY CLAIMS FOR PERSONAL INJURY, BODILY INJURY, OR PROPERTY DAMAGE.
8. These Terms shall be governed by the laws of the State of Michigan. Neither party may transfer or assign its rights or obligations under these Terms without the other party’s express written consent. In the event that any term of these Terms is, becomes, or is declared to be invalid or void by any court or tribunal of competent jurisdiction, such terms shall be null and void and shall be deemed severed from these Terms and all the remaining terms of these Terms shall remain in full force and effect. Any failure by a party to insist upon strict performance of any term, covenant, or condition contained herein shall not be deemed a waiver of that party’s right to insist upon the strict performance of such term, condition or covenant in the future. Both parties shall comply with all applicable federal, state, and local laws and regulations in performing their duties hereunder and in any of their dealings.
10. Your invoice is non-refundable. SSPG has no obligation to reimburse any User for any portion of this invoice for any reason.
11. SSPG may, from time to time, update and revise these Terms.