Terms and Conditions for all online Workshops, Video-Trainings, and Consultings

(Including Refund and Cancellation Policy for Online Training Videos and In-Person Events)

The website https://www.philippelmer.com (the “Site”) is a website for training and consultation services provided by Philipp Elmer (“me”, “I”, or “my”). READ THESE TERMS AND CONDITIONS CAREFULLY. THIS AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU AND PHILIPP ELMER. BY CLICKING “I AGREE,” ACCESSING THE SITE OR OTHERWISE INSTALLING, VIEWING, COPYING, RUNNING, USING OR DISTRIBUTING THE “MATERIALS” (AS DEFINED BELOW), YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT CLICK “I AGREE” OR OTHERWISE VIEW OR USE THE MATERIALS.

1. Access to the Site and Operation of the Site.

a. You understand that, except for information, products or services clearly identified as being supplied by or on the Site, including the Materials, Philipp Elmer does not operate, control or endorse any information, products or services on the Internet in any way. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET.

b. In order to use the Site and access the Materials, you will require a high-speed Internet connection. You are solely responsible for ensuring that you have sufficient and compatible hardware, software, telecommunications equipment and Internet service necessary for use of the Site.

c. You are responsible for implementing sufficient procedures and safeguards to satisfy your particular requirements for the accuracy of data input and output and for maintaining a means external to the Site for the reconstruction of any lost data.

2. License.

Subject to your agreement and compliance with the terms and conditions of this Agreement, Philipp Elmer grants you a limited, personal, royalty-free, revocable, non-exclusive, non-transferable license to:

a. Access the Site and use the Materials, solely for your personal, informational and non-commercial internal purposes, for the period of time specified in the shopping cart. The term of the license for the applicable Materials is also stated on the invoice generated at the time of purchase; and

b. Print and download portions of the Materials from the Site solely for your own personal, informational and non-commercial use.

Philipp Elmer reserves and retains all rights in and to the Materials and the Site not expressly granted to you herein. The term “Materials” means the online training modules set forth on the Site, including without limitation any component of videos, guided instruction, tutorials, quizzes, course materials and handouts, or other materials, as well as all other documentation, files and presentation slides (and their selection and arrangement), ideas, concepts, creations, designs, engineering details, techniques, inventions, processes, works of authorship, and related content together with all updates, patches, fixes, modifications and enhancements thereto, including releases of new versions, whether provided to you via download, automatically without additional consent or action on your part or otherwise. The Materials may include clipart, photo images, video content, and audio clips (“Clips”), and your responsibilities and restrictions related to the Materials apply to the Clips.

3. Updates.

Philipp Elmer reserves the right to change, modify or update the Materials, the Site or the content therein at any time in its sole discretion. You are solely responsible for periodically visiting the Site to access any such changes, modifications or updates. Any such changes, modifications or updates will become part of, and incorporated by this reference into the terms of, this Agreement without further action on the part of Philipp Elmer.

4. Third Party Materials.

a. The Materials may contain Clips or other items accessible on the Site which are owned by Philipp Elmer or which are licensed from third parties (the “Third Party Clips”). Without limiting any other term or provision of this Agreement, you may use such Third Party Clips only in conjunction with the Materials and only to the extent the use of such Materials is permitted pursuant to this Agreement. The Third Party Clips may be subject to additional terms and conditions. Any required notices and/or additional terms and conditions related to Third Party Clips or other third party items are made a part of and incorporated by reference into this Agreement. By accepting this Agreement, you are also accepting such additional terms and conditions, if any, set forth therein.

b. You agree to grant to Philipp Elmer non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved Materials, products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to philipp@philippelmer.com by all means and in any media now known or hereafter developed.

5. License Restrictions.

a. Except as specifically permitted in this Agreement, the Materials and the license herein granted may not be copied, reproduced, republished, uploaded, posted, transmitted, shared, distributed, re-sold, offered for re-sale, assigned, displayed, transferred or sub-licensed or in any other way exploited in whole or in part. No program, code, part, image, audio sample, or text may be copied or used in any way by you except as expressly permitted in this Agreement.

b. Without limiting the foregoing, you may not take any of the following actions with respect to the Site, the Materials and your use thereof:

1. Alter, merge, modify, adapt or translate the Materials, or decompile or reverse engineer the Materials;

2. Use the Materials to develop any product having the same primary function as the Materials, or create any derivative works or other works that are based on or derived from the Materials in whole or in part;

3. Use Philipp Elmer’s name, logo and graphics file included on, affixed to, imbedded in or otherwise associated with the Materials in any way to promote products developed by you with the use of the Materials;

4. Remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols, labels, or Clips in the Materials.;

5. Use any of the Materials in any manner that may give a false or misleading impression or statement as toPhilipp Elmer or any third party referenced in the Materials;

6. Transmit, install, upload or otherwise transfer any virus, advertisement, communication, or other item or process to the Site that in any way affects the use, enjoyment or service of the Site or the Materials, or adversely affects Philipp Elmer’s computers, servers or databases;

7. Capture, download, save, upload, print or otherwise retain Materials available on the Site except as otherwise expressly permitted by this Agreement;

8. Misrepresent your identity or personal information when accessing the site; or permit or provide others access to the Site using your user name and password or the user name and password of another authorized user;

9. Transfer the Materials or other Site content to another person;

10. “Frame,” “mirror,” “in-line link,” or employ similar navigational technology to the Site content;

11. Violate or attempt to violate Philipp Elmer’s security mechanisms, access any data or server you are not authorized to access or otherwise breach the security of the Site or corrupt the Site in any way;

12. Engage in any other conduct involving the Site or the Materials which violates any laws of Austria or the European Union;

13. Use the Site to violate a third party’s intellectual property or confidentiality rights; or upload, download, display, publish, perform, create derivative works from, transmit, or otherwise distribute information or content in violation of a third party’s intellectual property rights;

14. Advertise or otherwise solicit funds, goods or services on the Site; or

15. Provide any commercial hosting service with access to the Site and/or the Materials.

6. Proprietary Rights.

The Materials contains material, information, data and related items which are protected by copyright, patent, trademark, trade secret and other intellectual property laws. Except where such Materials are specifically indicated as belonging to a third party, Philipp Elmer owns all right, title and interest in and to the Materials and the Site including, without limitation, all intellectual and proprietary rights appurtenant thereto. Except for the limited license granted to you herein, nothing in this Agreement shall be construed to transfer, convey, impair or otherwise adversely affect Philipp Elmer’s ownership or proprietary rights in such Materials or any other of Philipp Elmer’s information or materials, tangible or intangible, in any form and in any medium. Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners. This Agreement does not authorize you to use Philipp Elmer’s name or any of its trademarks.

7. Data Collection and Use.

You hereby agree that Philipp Elmer may collect and use certain technical information associated with your use of the Site and the Materials, including, without limitation, any information provided in connection with any registration, support or technical services for the Site and Materials, in accordance with Philipp Elmer’s privacy policy available at http://philippelmer.com/privacy-policy. Philipp Elmer may audit your Site and Materials usage for anti-piracy purposes, to verify a valid registration, and to assess your use of the Materials. You consent to the Site sending usage data (e.g., the number of instances the Site is launched, the device IP address, and/or the version of the Materials), for registration, authentication, use and anti-piracy auditing and enforcement purposes and for all usage purposes described in this Section 7. In particular, Philipp Elmer reserves the right to monitor use of the Site and reserves the right to revoke or deny access to the Site to any person or entity whose use of the Site suggests conduct prohibited by this Agreement. Access of the Materials available at the Site website outside of normal patterns of use that suggests systematic copying of the Materials may result in revocation or denial of access to the Site. The term “normal patterns” shall be determined solely by Philipp Elmer.

8. ADDITIONAL TERMS APPLICABLE TO IN-PERSON TRAINING, WORKSHOPS, AND CONSULTING

Philipp Elmer may offer in-person training sessions (an “In-Person Training Session”), workshops (an “In-Person Workshop”), and consulting (an “In-Person Consulting”), either independently or in conjunction with the purchase of one or more of our Online Training Programs. By submitting your online order to purchase a ticket to attend an In-Person Training Session (a “Ticket”), in addition to all other applicable terms and conditions set forth in this Online Training Video Agreement, you agree to the following terms and conditions:

General. Each Ticket entitles the holder to attendance at the designated In-Person Training Session, In-Person Workshop or In-Person Consulting as specified in the contract. Philipp Elmer reserves the right to make changes to the content, presenters [and/or location] of the In-Person Training Session, In-Person Workshop or In-Person Consulting without prior notice, none of which shall constitute a cancellation. Philipp Elmer also reserves the right to assign seats to the Ticket holder at the In-Person Training Session, In-Person Workshop or In-Person Consulting.

Attendance. To attend the In-Person Training Session, In-Person Workshop or In-Person Consulting, the Ticket holder must present either a copy of the Ticket or a copy of the receipt confirming payment for the Ticket. Attendees at an In-Person Training Session, In-Person Workshop or In-Person Consulting may not record or reproduce in any manner any of the materials presented or displayed at the In-Person Training Session, In-Person Workshop or In-Person Consulting.

Assignability. Tickets for In-Person Training Sessions, In-Person Workshops or In-Person Consulting that are purchased separately from the purchase of an Online Training Program are fully assignable and transferable by the Ticket purchaser, provided that any transferee shall be bound by these terms and conditions. Philipp Elmer assumes no responsibility for lost or destroyed Tickets. Tickets for In-Person Training Sessions, In-Person Workshops or In-Person Consulting that are purchased in conjunction with (or as part of) the purchase of an Online Training Program are not transferable.

Refund Policy. Philipp Elmer will refund the purchase price for Tickets (1) if Philipp Elmer reschedules an In-Person Training Session, In-Person Workshop or In-Person Consulting and you notify Philipp Elmer that you are unable to attend the rescheduled Session, or (2) if Philipp Elmer cancels the In-Person Training Session. Except as otherwise provided in the immediately preceding sentence, Tickets are not refundable for any reason. All refunds will be applied to the credit card used to purchase the Ticket within thirty (30) business days after cancellation.

9. DISCLAIMER OF WARRANTY

A. NOTHING CONTAINED IN THIS AGREEMENT SHALL BE DEEMED TO CONSTITUTE A REPRESENTATION, WARRANTY OR GUARANTEE THAT ANY PARTICULAR RESULT WILL BE PRODUCED OR ACHIEVED DUE TO YOUR USE OF THE SITE OR ANY OF THE MATERIALS.

B. THE MATERIALS ARE PROVIDED AND LICENSED “AS IS, AS AVAILABLE” AND PHILIPP ELMER DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS WITH RESPECT TO THE MATERIALS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT AND TITLE OR QUIET ENJOYMENT. PHILIPP ELMER DOES NOT WARRANT THAT THE MATERIALS ARE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. N

C. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PHILIPP ELMER, ITS AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.

D. PHILIPP ELMER MAKES NO REPRESENTATIONS WHATSOEVER ABOUT ANY OTHER WEB SITE WHICH YOU MAY ACCESS THROUGH THE SITE OR WHICH MAY LINK TO THIS SITE. ANY WEBSITE NOT OWNED OR CONTROLLED BY PHILIPP ELMER IS INDEPENDENT FROM PHILIPP ELMER, AND PHILIPP ELMER HAS NO CONTROL OVER THE CONTENT ON SUCH WEB SITE.

10. LIMITATION OF LIABILITY

A. PHILIPP ELMER SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF (I) THE USE OF, OR INABILITY TO USE, OR DELAY IN USING, THE MATERIALS OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SITE OR DOWNLOADED FROM THE SITE, (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE MATERIALS AND/OR THE SITE OR INFORMATION DOWNLOADED FROM THE SITE THROUGH THE SERVICE, OR (III) THE FAILURE OF THE USER TO DERIVE ANY TANGIBLE OR INTANGIBLE BENEFIT OR RESULTS FROM THE LICENSE AND USE OF THE MATERIALS AND THE SITE, IN ANY EVENT BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF PHILIPP ELMER OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

B. THE MATERIALS MAY CONTAIN “OPEN SOURCE” MATERIALS (E.G., ANY MATERIALS SUBJECT TO OPEN SOURCE, COPYLEFT, GNU GENERAL PUBLIC LICENSE, LIBRARY GENERAL PUBLIC LICENSE, LESSER GENERAL PUBLIC LICENSE, MOZILLA LICENSE, BERKELEY MATERIALS DISTRIBUTION LICENSE, OPEN SOURCE INITIATIVE LICENSE, MIT, APACHE OR PUBLIC DOMAIN LICENSES, OR SIMILAR LICENSE). PHILIPP ELMER MAKES NO WARRANTIES, AND SHALL HAVE NO LIABILITY, DIRECT OR INDIRECT, WHATSOEVER WITH RESPECT TO OPEN SOURCE MATERIALS CONTAINED IN THE MATERIALS.

11. Indemnification.

You agree to defend Philipp Elmer, its officers, directors, employees, agents, licensors, representatives, advertisers, business and promotional partners, operational service providers, suppliers, resellers and contractors against any and all claims, demands and/or actions and indemnify and hold the Philipp Elmer Indemnified Parties harmless from and against any and all losses, damages, costs and expenses (including reasonable attorneys’ fees), resulting from any breach or violation of this Agreement, infringement, misappropriation or any violation of the rights of any other party, violation or non-compliance with any law or regulation, or any use, alteration or export of the Materials or otherwise in contravention of this Agreement. Philipp Elmer reserves the right to assume, at Philipp Elmer expense, the exclusive defense and control of any claims or actions and all negotiations for settlement or compromise, and you agree to fully cooperate with Philipp Elmer upon Philipp Elmer request.

12. Termination.

Philipp Elmer has the right to terminate this Agreement and your right to use the Materials and access the Site immediately in the event Philipp Elmer reasonably believes that you have failed to comply with any term or condition of this Agreement. If this Agreement or your right to use the Materials terminates for any reason or you must stop all use of the Materials and either return to us or destroy all copies of the Materials that are in your possession or under your control. Philipp Elmer may ask you to certify your compliance with the foregoing in writing, and you agree to do so if Philipp Elmer requests you to do so. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnification and limitations of liability. Export Restrictions. You may not export the Materials into any country to which such export is prohibited by the Austrian Export Regulations.

13. Governing Law and Miscellaneous.

This Agreement and all disputes, claims, actions, suits or other proceedings arising hereunder shall be governed by, and construed in accordance with, the substantive law of Austria.The court of jurisdiction in Austria for all disputes between the parties to the contract shall be Vienna. No amendment, modification, waiver or discharge of any provision of this Agreement shall be valid unless made in writing and signed by Philipp Elmer or an agent authorized by Philipp Elmer. No failure or delay by Philipp Elmer to exercise any right or enforce any obligation under this Agreement or otherwise shall impair or be construed as a waiver or on-going waiver of that or any other right or power, unless made in writing and signed by Philipp Elmer. If any provision of this Agreement is held to be illegal, invalid or unenforceable, the remaining provisions of this Agreement shall be unimpaired and remain in full force and effect. This Agreement contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. You agree that any varying or additional terms contained in any written notification or document issued by you in relation to the Materials licensed hereunder shall be of no effect. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Philipp Elmer may assign its rights and duties under this Agreement to any party at any time without notice to you. Any rights not expressly granted herein are reserved.

All questions concerning this Agreement shall be directed to philipp@philippelmer.com.

YOU ACKNOWLEDGE THAT YOU HAVE READ THE ENTIRE AGREEMENT, UNDERSTAND IT, ACKNOWLEDGE YOU ARE BOUND BY IT AND AGREE TO FULLY COMPLY WITH ALL OF ITS TERMS AND CONDITIONS.

This document was last modified on April 17, 2016, and is effective immediately.