Terms of Use

By visiting, using and/or submitting information to PEseminars.com (hereinafter referred to as “website”), which is owned, operated, and managed by Decatur Professional Development, LLC dba Professional Development Seminars (hereinafter referred to as “PDS”), a limited-liability company located in the state of Texas, you are accepting these Terms of Use (“Terms”) and our Privacy Policy.

This Agreement is made by and between PDS and you, a user of the website. These Terms set forth the terms and conditions that apply to your access and use of the website.

Your right to access and use the website is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the website for lawful purposes and pursuant to the terms and conditions of this Agreement.

You must not use the website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish, or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including but not limited to scraping, data mining, data extraction and data harvesting) on or in relation to this website.

You must not use this website to transmit or send unsolicited commercial communications.

You must not attempt to cause the website to operate in an unintended way.

You must not attempt to use or exploit any existing vulnerability with the website.

Your access and use of the website may be interrupted from time to time for any of several reasons, including, but not limited to, the malfunction of equipment, periodic updating, maintenance or repair activities, or other actions that PDS, may elect to take.

PDS reserves the right to suspend or discontinue the availability of the website for access and use at any time in its sole discretion and without prior notice to you.

Certain services and features of the website are accessible only to registered users. The rights to register and to be issued a username or password by PDS are available only to those individuals who provide PDS the requested accurate, complete, and current personally identifiable information. You must inform PDS of any changes or updates to any personally identifiable information that you provide to PDS. You can submit changes or updates by updating your online profile.

If you create an account on the website, you are responsible for maintaining the confidentiality of your account, password, and any discount codes issued to you and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. PDS reserves the right to refuse service, terminate accounts or remove or edit content at any time without prior notification.

In order to determine your compliance with this Agreement, PDS may monitor your access and use in accordance with our Privacy Policy. Any of the following actions by you shall not be permitted and may result in the loss of your right to access and use the website. Prohibited actions are those that, within the sole judgement of PDS,:

• Violate the terms and conditions of these Terms,
• Restrict, inhibit, or prevent any third party from accessing or using the website, or
• Through the use of Website, defame, abuse, harass, offend, or threaten any other user or third party

If you transmit, submit, or post customer comments or any other information to the website, you automatically grant PDS the royalty-free, non-exclusive right and license to use, copy, format, adapt, and publicly display such information in whole or in part worldwide, and/or to incorporate the same in other content and/or works in any form, and using any media or technology now known or developed in the future. PDS may, in its sole discretion, edit, refuse to post, or remove any information you transmit, submit or post.

Notwithstanding PDS’s rights under these terms and conditions in relation to user content, PDS is not obligated to undertake monitoring of the submission of such content to, or the publication of such content on, the website.

Refer to the PEseminars.com Privacy Policy.

All content included on this site, including, but not limited to courses, text, graphics, logos, button icons, files and the collective arrangement, display and presentation of the content is the property of PDS and is protected by United States and international copyright laws. You may use, download, view and print content on this site for educational, non-commercial purposes only. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of PDS. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information on this site without the express written consent of PDS. You may not use meta tags or any other “hidden text” utilizing our name, trademarks, or tradenames without the express written consent of PDS.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of the website so long as your website or the link does not portray PEseminars in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo, other proprietary graphic, trademark, or trade name as part of the link without the express written permission of PDS.

PDS provides this site on an “as is” and “as available” basis. PDS makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk.

The course content contained on this site is provided for educational purposes only. It is intended to assist professional engineers in retaining and expanding their knowledge base for the sole end purpose of attaining engineering professional development hours (PDH’s). PDS makes no claims or warranties, express or implied, regarding the accuracy of information contained on this site or linked to this site. PDS makes no claims or warranties, express or implied, regarding the applicability to a specific task or project the information contained on this site or linked to this site. The services of an experienced, registered professional engineer should be employed before attempting to apply any content on this site to a particular task, application, or project.

To the full extent permissible by applicable law, PDS disclaims all warranties, express or implied, including, but not limited to, implied warranties of fitness for a particular purpose. PDS does not warrant that this site, its server, or email sent are free of viruses or other harmful components. PDS will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

PDS will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with this website:

• Failure to report course completions to crediting organizations;
• Loss of any credential or license of any type;
• Incorrect information delivered to the user in any format by any delivery method;
• To the extent that the website is provided free-of-charge, for any direct loss;
• For any indirect, special or consequential loss; or
• For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if PDS has been expressly advised of the potential loss.

You shall defend, indemnify, and hold harmless PDS and its officers, employees, independent contractors, agents, representatives, and affiliates from and against all claims and expenses, including, but not limited to, attorneys’ fees, arising out of, or attributable to: (i) any breach or violation of this Agreement by you; (ii) your failure to provide accurate, complete and current personally identifiable information requested pursuant to registration; (iii) your access or use of the website; (iv) your access or use of Website under any username or password that may be issued to you by PDS; and/or (v) your use of the content and/or the Merchandise.

Website accessibility is an ongoing effort, and we are actively taking steps to further enhance and improve the accessibility of www.PEseminars.com. If you have difficulty using or accessing any element of this website please contact us through the contact us portion of our website or dial 281 661-3344 and we will work with you to provide the information, item, or transaction you seek through a communication method that is accessible for you, consistent with applicable law.

YOU AND PDS AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.

Any dispute between you and PDS, its agents, employees, officers, directors, principals, successors, assigns, subsidiaries, or affiliates (collectively for purposes of this section, “PDS”) arising from or relating to these Terms of Use and their interpretation or the breach, termination or validity thereof, the relationships which result from these Terms of Use, including disputes about the validity, scope, or enforceability of this arbitration provision (collectively, “Covered Disputes”) will be settled by binding arbitration. Prior to initiating any arbitration, the initiating party will give the other party at least 60 days’ advanced written notice of its intent to file for arbitration. PDS will provide such notice by email to your e-mail address on file with PDS and you must provide such notice by email to info@PEseminars.com.

During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Covered Disputes. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration. The arbitrator will conduct any arbitration proceedings at a location within Harris County, TX that is mutually agreed upon by you and PDS. The arbitrator will have the power to grant whatever relief would be available in court under Texas law and any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction within the state of Texas. Arbitrator will apply applicable law and the provisions of these Terms of Use and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. PDS and you agree that any Covered Dispute hereunder will be submitted to arbitration on an individual basis only. Neither PDS nor you are entitled to arbitrate any Covered Dispute as a class, representative, or private attorney action and the arbitrator(s) will have no authority to proceed on a class, representative, or private attorney general basis. If any provision of the agreement to arbitrate in this section is found illegal or unenforceable, the remaining arbitration terms shall continue to be fully valid, binding, and enforceable (but in no case will there be a class, representative, or private attorney general arbitration). These Terms of Use and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA) and, where otherwise applicable, by the laws of the State of Texas.

PDS reserves the right to make changes to the website, policies, and these Terms at any time in its sole discretion and without notice. Your right to access and use of the website is subject only to our most current Terms of Use. Changes, revisions or deletions with regard to Terms shall be effective immediately upon their inclusion in, or deletion and the posting of the same on the website.

You are advised and encouraged to visit the website on a regular basis to review our most current Terms, and to review any changes that may have been made. By accessing and using the website, you agree to be bound by the most current Terms, including any changes that have been made.

If at any time you do not agree to be bound by the current Terms of Use, you must immediately cease access and use of the website.

We reserve the right to make changes to our website, policies and these Terms at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

These Terms and Conditions were last updated August 18, 2020.

PEseminars.com

Decatur Professional Development, LLC dba Professional Development Seminars

7915 Cypress Creek Parkway, Suite 130

Houston, TX 77070

281 661-3344