* This T&Cs page was last updated on May 24, 2018.
Petrolessons Terms and Conditions
THIS AGREEMENT BINDS YOU OR THE COMPANY YOU REPRESENT (“YOU,” OR “YOUR”) TO THE TERMS AND CONDITIONS SET FORTH HEREIN IN CONNECTION WITH YOUR USE OF PETROLESSONS’ (“OUR”, “WE”, “COMPANY” OR “PETROLESSONS”) SOFTWARE, SERVICES OR OTHER OFFERINGS ON OUR SITE (COLLECTIVELY, OUR “PRODUCTS”). BY USING ANY OF THE COMPANY PRODUCTS OR CLICKING ON THE "SIGNUP" BUTTON, YOU AGREE TO BECOME BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, CLICK ON THE "CANCEL" BUTTON AND DO NOT USE THE COMPANY PRODUCTS. COMPANY’S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS. IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY COMPANY, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
The Products enable Users to connect with independent contractor publishers (the "publishers") who provide live and/or recorded instruction, tutoring, and learning services in our online classrooms (the "Courses"), hotels, conference centers and/or companies. The Products include, without limitation, facilitating and hosting courses, the courses and supporting materials, and taking feedback from users. Company reserves the right to revise these Terms in its sole discretion at any time by posting the changes on the Site. Changes become effective thirty (30) days after posting. Your continued use of Products after change become effective shall mean that you accept those changes. You should visit the Site regularly to ensure You are aware of the latest version of the Terms. The Company may modify the Products or discontinue their availability at any time. You are solely responsible for all service, telephony, data charges and/or other fees and costs associated with Your access to and use of the Products, as Well as for obtaining and maintaining all telephone, computer hardware, and other equipment required for such access and use.
As a student, if you elect to access or use Products/Courses that involve payment of a fee, then You agree to pay, and will be responsible for payment of, that fee and all taxes associated with such access or use. If You provide credit card information to pay for such fees then You hereby represent and warrant that You are authorized to supply such information and hereby authorize the Company to charge Your credit card on a regular basis to pay the fees as they are due. Unless otherwise stated, all fees are quoted in U.S. Dollars. If Your payment method fails or Your account is past due, then We may collect fees owed using other collection mechanisms. This may include charging other payment methods on file with us and/or retaining collection agencies and legal counsel. We may also block Your access to any Products pending resolution of any amounts due by You to Company.
All of Your use, access and other activities relating to the Site and the Products must be in compliance with all applicable laws and regulations, including, without limitations, laws relating to copyright and other intellectual property use, and to privacy and personal identity. In connection with Your use of the Products and Site, You must not provide incorrect or knowingly false information; copy, distribute, modify, reverse engineer, deface, tarnish, mutilate, hack, or interfere with the Products or operation of the Site; frame or embed the Site or Products; impersonate another person or gain unauthorized access to another person’s Account; introduce any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Products or operation of the Site; scrape, spider, use a robot or other automated means of any kind to access the Products.
4. General Disclaimer
The Site is a marketplace for publishers and Users. We do not hire or employ publishers nor are We responsible or liable for any interactions involved between the publishers and their respective clients. We are not responsible for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to conduct of publishers or Users, including, but not limited to, any User's reliance upon any information provided by a publisher.
We do not control Submitted Content (as defined below) posted on the Site and, as such, do not guarantee in any manner the reliability, validity, accuracy or truthfulness of such Submitted Content. You also understand that by using the Products may expose You to Submitted Content that You consider offensive, indecent, or objectionable. The Company has no responsibility to keep such content from You and no liability for Your access or use of any Submitted Content.
The Site and Products may give You access to links to third-party Websites ("Third Party Sites"), either directly or through Courses or publishers. The Company does not endorse any of these Third Party Sites and does not control them in any manner. Accordingly, the Company does not assume any liability associated with Third Party Sites. You need to take appropriate steps to determine whether accessing a Third Party Site is appropriate, and to protect Your personal information and privacy on such Third Party Site.
You may only access the Products for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to Your use of the Products. You agree not to use the Products or the Company Content (as defined below) to recruit, solicit, or contact in any form publishers or potential users for employment or contracting for a business not affiliated with us without Our advance written permission, which may be withheld in Our sole discretion. You assume any and all risks from any meetings or contact between You and any publishers or other Users of the Products.
6. Specific Obligations of publishers
If You are instructing Users in connection with a Course You are a “publisher” and the following additional terms and conditions apply, and You represent, warrant and covenant that:
7. Specific Obligations of Users using the Site
If You are a User in search of, or engaging publishers, You represent, warrant and covenant that:
To use certain Products, You will need to register and obtain an account, username and password. When You register, the information You provide to us during the registration process will help us in offering content, customer service, and network management. You are solely responsible for maintaining the confidentiality of Your account, username, and password (collectively, Your "Account") and for all activities associated with or occurring under Your Account. You represent and warrant that Your Account information will be accurate at all times. You must notify us (a) immediately of any unauthorized use of Your Account and any other breach of security, and (b) ensure that You exit from Your Account at the end of each use of the Products. We cannot and will not be responsible for any loss or damage arising from Your failure to comply with the foregoing requirements or as a result of use of Your Account, either with or without Your knowledge, prior to Your notifying us of unauthorized access to Your Account.
You may not transfer Your Account to any other person and You may not use anyone else's Account at any time without the permission of the account holder. In cases where You have authorized or registered another individual, including a minor, to use Your Account, You are fully responsible for (i) the online conduct of such User; (ii) controlling the User's access to and use of the Products; and (iii) the consequences of any misuse.
9. Content, Licenses & Permissions
All software, technology, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, reviews, ideas, and other data or copyrightable materials or content, including the selection and arrangements thereof is “Content.” Where the Company provides Content to You in connection with the Products, including, without limitation, the Software and the Products and the Site, it is “Company Content.” Content uploaded, transmitted or posted to the Site or through the Products by a User or publisher is “Submitted Content.” Content remains the proprietary property of the person or entity supplying it (or their affiliated and/or third party providers and suppliers) and is protected, without limitation, pursuant to U.S. and foreign copyright and other intellectual property laws. You hereby represent and warrant that You have all licenses, rights, consents, and permissions necessary to grant the rights set forth in these Terms to Company with respect to Your Submitted Content and that Company shall not need to obtain any licenses, rights, consents, or permissions from, or make any payments to, any third party for any use or exploitation of Your Submitted Content as authorized in these Terms or have any liability to You or any other party as a result of any use or exploitation of Your Submitted Content as authorized in these Terms.
You hereby grant the Company a non-exclusive right and license to reproduce, distribute, publicly perform, offer, market and otherwise use and exploit the Submitted Content on the Site and through the Products, and sub-license it to publishers and Users for these purposes directly or through third parties. Notwithstanding the foregoing, You have the right to remove all or any portion of Your Submitted Content from the Site at any time by giving a 90-day notice to [email protected] Removal of Your Submitted Content will terminate the foregoing license and rights thirty (90) days after such removal request as to new uses, provided, however, that any rights given to Users or publishers prior to that time will continue in accordance with the terms granted to such Users or publishers.
The Company hereby grants You (as a User) a limited, non-exclusive, non-transferable license to access and use Submitted Content and Company Content, for which You have paid all required fees, solely for Your personal, non-commercial, educational purposes through the Site and the Products, in accordance with these Terms and any conditions or restrictions associated with particular Courses or Products. All other uses are expressly prohibited absent Our express written consent. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, or otherwise transfer or use any Submitted Content or Company Content unless We give You explicit permission to do so. Submitted Content and Company Content is licensed, and not sold, to You. Publishers may not grant You license rights to Submitted Content You access or acquire through the Services and any such direct license shall be null and void and a violation of these Terms
You agree that We may record all or any part of any Courses (including voice chat communications) for quality control and delivering, marketing, promoting, demonstrating or operating the Site and the Products. You hereby grant the Company a permission and release to use Your name, likeness, image or voice in connection with offering, delivering, marketing, promoting, demonstrating, and selling the Site, Products, Courses, Company Content and Submitted Content.
THE COMPANY RESPECTS ALL COPYRIGHT, PRIVACY, DEFAMATION AND OTHER LAWS RELATING TO CONTENT AND INFORMATION AND WILL NOT TOLERATE VIOLATION OF SUCH LAWS. NOTWITHSTANDING THE FOREGOING, THE COMPANY DOES NOT SCREEN THE SUBMITTED CONTENT AND ALL USE OF THE SUBMITTED CONTENT BY YOU IS AT YOUR OWN RISK AND THE COMPANY SHALL HAVE NO LIABILITY FOR SUCH USE. IN PARTICULAR, NO REVIEW OR POSTING OR APPEARANCE OF THE SUBMITTED CONTENT ON THE SITE OR THROUGH THE PRODUCTS IS INTENDED TO ACT AS AN ENDORSEMENT OR REPRESENTATION THAT ANY SUBMITTED CONTENT IS FREE OF VIOLATION OF ANY COPYRIGHT, PRIVACY OR OTHER LAWS OR WILL SUIT A PARTICULAR PURPOSE OR BE ACCURATE OR USEFUL. If You believe that Submitted Content of Yours violates any law or regulation or is inaccurate or poses any risk whatsoever to a third party it is Your responsibility to take such steps You deem necessary to correct the situation. If You believe that Submitted Content of a third party or any Company Content violates any laws or regulations, including, without limitation, any copyright laws, You should report it to the Company via email [email protected]
All rights not expressly granted in these Terms are retained by the Content owners and these Terms do not grant any implied licenses.
9.1- Pricing for Paid Courses
Unless a Course is made available through the Petrolessons Deals Program (as described below), a Course publisher will be solely responsible for determining the fees to be charged for such Course, in accordance with the publisher terms and conditions. If You are a User, You agree to pay the fees for Courses that You take, and hereby authorize Us to charge Your credit card for these amounts. For one off courses we will charge the amount immediately upon purchase. For subscription courses, we will charge Your credit card monthly for all amounts owed. If Your credit card is declined, You agree to pay Us the fees within thirty (30) days of notification from Us, and pay (at Our discretion) a late payment charge at 1.5% per month, or the maximum permitted by law, whichever is greater.
For online courses, Petrolessons offers Users a thirty (30)-day, no-questions-asked money back guarantee on Courses that no more than 70% of the course was taken. If you, as a User, have completed 69% or less of the course and are unhappy with such a Course and request a refund within thirty (30) days of the date that you paid for access to that Course, we will provide you with a full refund of the amount you paid. To request a refund, please contact us via our support email. Please note that if we believe that you are abusing our refund policy in our sole discretion, we reserve the right to suspend or terminate your account and refuse or restrict any and all current or future use of the Company Products, without any liability to you.
You, as a publisher, acknowledge and agree that Users have the right to receive a refund as set forth in this section. Neither publishers nor Company shall receive any payments, fees or commissions for any transactions for which a refund has been granted. In the event that a User requests a refund for a Course after Petrolessons has sent a publisher payment for that Course, Petrolessons reserves the right to either (1) deduct the amount of such refund from the next payment to be sent to that publisher, or (2) require that publisher to refund any amounts refunded to Users for publisher's Course to the extent no additional payments are due from Petrolessons to publisher or such payments due publisher are insufficient to cover the amounts refunded to Users.
The trademarks, service marks, and logos (the "Trademarks") used and displayed on the Site, in the Products or in any Company Content are Our registered or unregistered Trademarks or of Our suppliers or third parties and are protected pursuant to U.S. and foreign trademark laws. All rights are reserved and You may not alter or obscure the Trademarks, or link to them without Our prior approval.
11. Warranty Disclaimer
THE PRODUCTS, SITE, COMPANY CONTENT, SUBMITTED CONTENT, COURSES, AND ANY OTHER MATERIALS MADE AVAILABLE ON OR THROUGH THE SITE OR THE PRODUCTS ARE PROVIDED "AS IS," WITHOUT ANY WARRANTIES OF ANY KIND AND THE COMPANY HEREBY DISCLAIMS ALL SUCH WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, FREEDOM FROM ERRORS, SUITABILITY OF CONTENT, OR AVAILABILITY.
12. Limitation of Liability
NEITHER PARTY SHALL BE LIABLE HEREUNDER UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT OR NEGLIGENCE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS. THE COMPANY’S TOTAL LIABILITY HEREUNDER SHALL BE LIMITED TO THE AMOUNTS PAID IN CONNECTION WITH THE COURSES OR PRODUCTS UNDER WHICH SUCH LIABILITY AROSE.
You hereby indemnify, defend and hold harmless the Company, and its affiliates, officers, directors, agents, partners, employees, licensors, representatives and third party providers from and against all losses, expenses, damages, costs, claims and demands, including reasonable attorneys' fees and related costs and expenses, due to or arising out of Your breach of any representation or warranty hereunder. We reserve the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and in such case, You agree to fully cooperate with such defense and in asserting any available defenses.
We may terminate Your use of the Products or Site immediately without notice for any breach by You of these Terms or any of Our applicable policies, as posted on the Site from time to time. We may discontinue offering any Product, Course, or Content at any time (which will terminate Your right to offer these Courses on Petrolessons if You are a publisher). You may terminate Your use of the Site or the Products at any time, either by ceasing to access them, or by contacting us at [email protected] (but if You are a publisher then Users enrolled in Your Courses prior to termination shall continue to have access to them for the duration of the Course). You must give at least a 90-day advance notice to before removing them from the platform. We have no obligation to retain any of Your Account or Submitted Content for any period of time beyond what may be required by applicable law. Upon termination, You must cease all use of the Site, Products and Content. Any accrued rights to payment and Sections 4, 5, 10-15 and all representations and warranties shall survive termination.
15.1. Entire Agreement. These Terms and any policies applicable to You posted on the Site constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.
15.2. Severability. If any provision of these Terms is found to be illegal, void or unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of these Terms.
15.3. Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Company to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
15.4. Notice. Any notice or other communication to be given hereunder will be in writing and given by postpaid registered or certified mail return receipt requested, or electronic mail.
15.5. No Agency. Nothing in these Terms shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither the Company nor any other party to this Agreement shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other except as provided for herein or authorized in writing by the party to be bound.
15.6. These Terms and Your use of the Site and the Products shall be governed by the substantive laws of the State of Texas without reference to its choice or conflicts of law principles.
16- Paid Course Terms & Conditions:
As a publisher, You will be solely responsible for determining the fees You charge Users for Your Courses. You agree to charge only for Your own Submitted Content. The Company will handle billing and other fee interaction with Users. If Your course is sold as part of a discount or affiliate program, the fee You receive from the Company will be in accordance with the terms of the particular Marketing Program that applies to the sale of Your Course. Publishers can choose how much royalty they wish to share with Petrolessons based on how much work they wish for Petrolessons to undertake to promote their courses. Royalty choices differ for each course format:
* The Net Amount equals the amount actually received from Users for Your Course, less payment processing of five percent (5%), any refunds paid, applicable sales or other taxes (if any), and any amounts paid in connection with Marketing Programs (coupons and affiliates).
You authorize the Company to perform the appropriate calculations, deduct and retain the transaction fee, and pay You the balance as indicated above. Marketing Programs include, but are not limited to, Company’s Affiliate and Deals. You acknowledge that the amounts paid for Marketing Programs are not fixed, and the Company has the sole discretion to determine those amounts and which Courses to offer as part of Marketing Programs. Further, the Company does not guarantee any minimum level of success in connection with any Marketing Programs, and its selection of Courses to include is not an endorsement of those Courses, or of You. As part of Your participation in Marketing Programs, You give Us permission to share Your Course, and information about You and the Course with Petrolessons employees and selected partners, for which you will not receive compensation. Users are entitled to refunds pursuant to Our general Terms of Service and You agree that Company may deduct such refunds from subsequent amounts owed to You.
Payment to publishers:
Publishers are immediately notified of each and every purchase of their products. Company will remit to You any amounts remaining after the foregoing deductions and adjustments, in US dollars, via PayPal or wire transfer unless agreed beforehand on a different payment transfer service.
Payment will be made as per following schedule:
Publishers are responsible for providing Company with all identification, money transfer and tax information necessary for the payment of amounts due. Requests for accumulated amount status and release of funds can be made at any time after 45 days from first purchase.
17- Affiliate Program
Petrolessons Affiliate Program Terms & Conditions:
Including a course in the Petrolessons Affiliate Program is a great way to increase exposure & sales of Your Course. When an Affiliate promotes Your Course, a portion of the fee for each User the Affiliate refers to the Course is paid to the Affiliate. You agree that the Company may deduct the Affiliate’s fee before calculating the amount remitted to You. The standard amount suggested to be paid to the Affiliate is 10% of the amount the User pays for the Course, but You acknowledge that this amount may vary. Petrolessons publishers may also choose to be Affiliates. The Affiliate Program is subject to the rules for Marketing Programs as set forth in the Paid Course Terms and Conditions.
18- Deals and Price Tests
Deals and price testing have been shown to increase conversions by more than 100%.
Petrolessons Deals Program Terms & Conditions:
We use deals & price tests to find the optimal price for Your Course. Since Our revenue is directly proportional to Yours, Our incentives are aligned so that We try to find the optimal price point to maximize sales.
Note: Please price Your Course at its fair value. We use the ability to discount to have the flexibility to try different price ranges for Your Course. This does not mean that all sales will be at a discount. Rather, it means that We try to figure out the price that will maximize revenue.
By participating in the Deals Program, You agree that We may offer Your Course in limited time deals & price tests for a discount of up to and including 75% off the retail price that You set. You understand that a limited time deal may also encompass an Affiliate, which will affect the final fees remitted. Deals may also be promoted through the Site, or third party websites at a discount. Discounts and other deals are typically available for less than a week, but you acknowledge that the actual duration and amount discounted may vary. As a condition of participating in the Deals Program, You agree not to directly or indirectly offer Your Courses without our consent through any third party sites such as Amazon Local, Living Social, Groupon, Appsumo, Stack Social, Deal Coop and MightyDeals. The Deals Program is subject to the rules for Marketing Programs as set forth in the Paid Course Terms and Conditions.
20- Copyright Policy
Notice and Procedure for Making Claims of Copyright or Other Intellectual Property
Petrolessons, respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously, and we ask our publishers, students and other users of our website and services (the “Site”) to do the same. Infringing activity will not be tolerated on or through the Site.
Petrolessons’s intellectual property policy is to (a) remove material that Petrolessons believes in good faith, upon notice from an intellectual property owner or their agent, is infringing the intellectual property of a third party by being made available through the Site, and (b) remove any Submitted Content posted to the Site by "repeat infringers." Petrolessons considers a "repeat infringer" to be any User that has uploaded Submitted Content to the Site and for whom Petrolessons has received more than two takedown notices compliant with the provisions of 17 U.S.C. 512(c) with respect to such Submitted Content. Petrolessons has discretion, however, to terminate the account of any User after receipt of a single notification of claimed infringement or upon Petrolessons’s own determination.
Procedure for Reporting Claimed Infringement.
If you believe that any content made available on or through the Site has been used or exploited in a manner that infringes intellectual property right that you yourself own or control, then please promptly send a "Notification of Claimed Infringement" containing the following information to the Designated Agent identified below or directly to the publisher. Your communication must include substantially the following:
You should consult with your own lawyer and/or see 17 U.S.C. 512 to confirm your obligations to provide a valid notice of claimed infringement.
Designated Agent Contact Information: Petrolessons’s Designated Agent for notices of claimed infringement can be contacted at E-mail: [email protected]
If you receive a notification from Petrolessons that material made available by you on or through the Site has been the subject of a Notification of Claimed Infringement, then you will have the right to provide Petrolessons with what is called a "Counter Notification." To be effective, a Counter Notification must be in writing, provided to Company's Designated Agent through one of the methods identified above, and include substantially the following information:
A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. 512 to confirm the party's obligations to provide a valid counter notification under the Copyright Act.
False Notifications of Claimed Infringement or Counter Notifications. The Copyright Act provides that: [any person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [Petrolessons] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.
17 U.S.C. 512(f).
Petrolessons reserves the right to seek damages from any party that submits a notification of claimed infringement or counter notification in violation of the law. For the avoidance of doubt, only notices submitted under the Digital Millennium Copyright Act and the procedures set forth in this section should be sent to the Designated Agent at [email protected] Any other comments, compliments, complaints or suggestions about Petrolessons, the operation of the Site or any other matter should be sent to [email protected]