MEMBERSHIP TERMS AND CONDITIONS
Proctor Gallagher Institute (the “Company”) is dedicated to providing outstanding products and services made available through proctorgallagher.institute (the “Site”), as well as through its affiliated and related websites. The enhanced membership products, services and content (the “Membership Services”) provided to you by the Company through the Site are expressly and unconditionally subject to the following Membership Terms And Conditions (the “Membership Terms”). All persons subscribing to the Membership Services are urged to read these Membership Terms carefully. If you have any questions concerning these Membership Terms, please contact the Company. These Membership Terms are entered into by and between the Company and the person registering to receive access to Membership Services available on, through or in connection with the Site.
DESCRIPTION OF MEMBERSHIP SERVICES
Through the Site and its related properties, the Company provides you with enhanced access to and the ability to purchase products, receive services and other information, to participate in one or more communication forums, all of which may be more particularly described on webpages associated with the Site, that are otherwise not available to the general public. The Membership Services, including any updates, enhancements, new features, and/or the addition of other Site properties, are subject to these Membership Terms, the Terms of Use (“TOU”), the Privacy Policy and Spam Policy governing the Site.
MEMBERSHIP ACCOUNT
In order to receive Membership Services, you must complete the registration process by providing the Company with current, complete and accurate information as prompted by the applicable registration form. You may also be required to select a password and/or a user name. You are solely and entirely responsible for maintaining the confidentiality of your password and account.
MEMBERSHIP TERM AND RENEWALS
Membership Services are made available to you on a monthly basis in exchange for payment by you of the amount specified by the Company on the Site or its related webpages. Enrollment to receive Membership Services constitutes your agreement acceptance of these Membership Terms, the TOU and all other policies governing the Site. The Company reserves the right, at its sole discretion, to change these Membership Terms, to cancel the Membership Terms or the Membership Services. Your eligibility to receive Membership Services may, at the Company’s sole discretion, automatically renew for successive months by submitting a payment request to the source designated during the registration process unless you cancel your enrollment by using the designated means for doing so as specified by the Company on the Site or its related webpages, which may take the form of such things as a hyperlink or a designated account management section provided on the Site. Any Member who uses a debit card as the designated credit card account for the payment of fees associated with the receipt of Membership Services acknowledges that the Company will not be responsible for any fees or penalties associated with insufficient funds, bounced checks or any other form of fee due to a charge of a fee to a debit card provided by you. If you believe or suspect that you have been erroneously charged for Membership Services that have not been requested, that multiple charges for the receipt of Membership Services have been processed or there is some other reason to dispute a charge related to the Site, it is your sole and absolute responsibility to notify the Company of such circumstances within sixty (60) days of the transaction appearing on your credit account or financial records. Failure to notify the Company within the specified time period shall constitute a waiver of your right to dispute the transaction. The Company, in its sole and absolute discretion, may elect to address the disputed transaction should it be brought to its attention after the time period specified herein.
ELECTRONIC DISCLOSURE AND CONSENT
Your participation in the registration process required to receive Membership Services of shall constitute your consent to receive any and all disclosures, notices and other communications, including any notice that may be legally required to be provided to you regarding these Membership Terms, in electronic form. The Company will provide all applicable disclosures and notices by sending them, or altering you of them, through the electronic mail address that you have provided in the registration process. It is your sole responsibility to maintain current and accurate contact information with the Company, which may be maintained through a designated account management section provided on the Site or such other means as provided by the Company.
REFUND POLICY
You may receive a refund of the amount specified by the Company to receive Membership Services within thirty (30) days from the date the registration process is completed. Thereafter, you may cancel your eligibility to receive Membership Services at anytime and request a refund of the amount paid for receiving Membership Services during the last thirty (30) days. Digital programs and other electronic content purchased from the Company are nonrefundable without exception. Digital programs and other content purchased from the Company are not subject to the refund policy set forth herein. Tangible products purchased from the Company must be returned within sixty (60) days from the date of purchase in unused, good condition to be eligible for a refund of the purchase price less shipping and handling fees.
DISCLAIMER OF LIABILITY
The Company shall have no liability in regard to any services provided, or to be provided, by any non-affiliated third-party sponsor, affiliate or vendor (“Vendor”). All Vendors are independent contractors and not employees, partners or joint venture partners of the Company. The Company shall have no liability in regard to any products, benefits or services provided, or to be provided, by any Vendor. You agree that claims with regard to any such products, benefits or services shall be made against the Vendor providing or performing such products, benefits or services and not against the Company. Although the Company upon your request, will endeavor to intervene in conjunction with problems or a discrepancy being experienced with a Vendor, in the event any product, benefit or service purchased by you is canceled, modified, defective, or otherwise deemed unsatisfactory, you will look solely to the provider, seller, merchant or manufacturer of the product, benefit or service for any repair, exchange, refund or satisfaction of claim. You understand and acknowledge that the Company cannot force a Vendor to provide any product, benefit or service and that Vendors are free to run their businesses as they see fit and begin/halt such efforts at their own discretion.
MEMBER REPRESENTATIONS AND OBLIGATIONS
In return for the receiving Membership Services, you acknowledge being obligated to the Company as follows: (1) that you have read these Membership Terms and agree to be bound by them; (2) that you have read the TOU for the Site and agree to be bound by them; (3) that you understand and consent to the manner in which eligibility to receive Membership Services are billed; (4) that you understand and consent to the manner in which you may cancel your eligibility to receive Membership Services; (5) that you understand and consent to the terms governing your eligibility to receive a refund of funds paid to receive Membership Services; (6) that your entitlement to receive Membership Services will, at the Company’s sole discretion, automatically renew through the processing of payment to the credit account or financial institution provided during the registration process; (7) that Membership Services provided to you are not assignable without the express written consent of the Company; (8) that you will use the materials and content accessible through the Membership Services only for personal, non-commercial use or for the benefit of your immediate family, which shall include yourself, your spouse and any children residing in the same residence; and (9) that you agree to be bound by and adhere to the Privacy Policy and Spam Policy for the Site. You further agree not to share any materials, content or other proprietary information accessible through the Membership Services to any third-party, individual, entity or institution. Any violation of foregoing terms will result in immediate termination of your eligibility to receive Membership Services, potential legal action by the Company, a Vendor or its affiliated entities.
GOVERNING LAW
These Membership Terms, and the respective rights and obligations of the parties hereunder, shall be governed by, and construed in accordance with, the laws of the State of Nevada. Any dispute regarding or relating to these Membership Terms shall be brought before a court of competent jurisdiction located in Clark County, Nevada. You expressly consent to the exercise of personal jurisdiction in the State of Nevada by completing the registration process for receiving Membership Services from the Company.
GENERAL RELEASE
You, individually, and on behalf of any person who uses the Membership Services made available by the Company (the “Membership Beneficiary”), hereby forever releases, acquits and discharges the Company from any and all liabilities, claims, demands, actions and causes of action that you, any Membership Beneficiary or such legal representatives may have by reason of any monetary damage or personal injury sustained as a result of or during the use of any and all products, services and benefits made available through the Membership Services or the Site. The sole recourse available to you, any Membership Beneficiary or their legal representatives shall be the cancellation of the receipt of Membership Services.
RECEIPT OF MAIL BY THE COMPANY
The Company cannot guarantee that it receives any mail that you claim to have sent. In order to ensure receipt by the Company of written communication, you should, at your own expense, send written communication to the Company through a means that provides confirmation of receipt, which may include, but not be limited to, Federal Express, United Parcel Service, United States Postal Service Return Receipt Requested and United States Postal Service Certified Mail.
ENTIRE MEMBERSHIP TERMS
The foregoing Membership Terms, which include references to and the incorporation of the TOU for the Site together with the Privacy Policy, Spam Policy and such other applicable webpages, contain the entire terms and agreements for your receipt of Membership Services. The Company has made no representations, inducements, promises or agreements to you that are not set forth herein. If any of the foregoing terms or provisions in these Membership Terms is determined to be invalid or unenforceable, the remaining terms and provisions shall remain valid and not affected by any such determination. The Company reserves the right, in its sole and absolute discretion, to modify, amend, alter or otherwise change these Membership Terms. You continued receipt of Membership Services after any such modification, amendment, alteration or other change shall constitute your consent and agreement to be bound by the newly effective Membership Terms.
BINDING EFFECT
The foregoing Membership Terms shall be binding upon and inure to the benefit of the Company and you, which shall include any Membership Beneficiary, respective successors and permitted assigns.
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.