MEMBERSHIP AGREEMENT FOR PINNACLE PERFORMANCE INSTITUTE

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THIS AGREEMENT WAS LAST UPDATED ON JUNE 16, 2006.

This Member Agreement governs your use of Pinnacle Performance Institute’s service and any other electronic services or networks from Pinnacle Performance Institute (each, a "Service").

To proceed to the registration process you must agree to be bound by the Terms and Conditions of this membership agreement.  Click on the “I agree” checkbox on the "New Member Enrollment" page, if you choose to be bound by this agreement.  If you disagree with this member agreement and do not want to be bound to all the terms and conditions of this agreement, click the “Cancel” button on the "New Member Enrollment" page.  If you choose to cancel, you will not be allowed to proceed through the registration and become a member.

1.             Changes to Member Agreement. We may change the terms of this Member Agreement at any time by notifying you of the change by email or through a notification posted on the home page of a Service. The changes also will appear in this document, which you can access at any time by going to the “User Q&A” and selecting “General” from the dropdown box of a Service. You signify that you agree to be bound by such changes by using a Service after changes are made to this Agreement. If any of these rules or future changes are unacceptable to you, you may cancel your membership by following the instructions in section 10, Termination.

2.                Technical Support.

a.             The tools, documentation, and support contained herein are provided by Pinnacle "AS IS". The user agrees that Pinnacle is not responsible, and shall have no liability to such user, with respect to any information, product or service offered by others who are linked to the Pinnacle web site or hosted on Pinnacle servers.

b.             Pinnacle shall not be liable for any damages allegedly sustained arising out of use of the information, products and services. Pinnacle shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, even if Pinnacle has been notified of the possibility of such damages. Pinnacle's only liability in the event of errors shall be the correction or removal of the erroneous information after verification.
                 Since we cannot monitor the client's approach to any upgrade process, procedures implementation and hardware changes, we therefore cannot accept any responsibilities, will not be liable and accountable for loss of data, loss of internet connectivity, or any damage to the hardware devices due to improper hardware, software or firmware upgrades or modifications by the clients. Support recommendations are for informational purposes only. The decision to implement these procedure recommendations rests entirely on the client. Please seek professional advice, as appropriate.

c.             By using the tools, documentation and support, you agree that Pinnacle Performance Institute shall not be liable for any damages whatsoever arising out of such use. Some jurisdictions do not allow limitations of liability so certain of these limitations may not apply; however, they apply to the greatest extent permitted by law.

3.             Fees and Payments.  You agree to pay the membership fees and any other charges incurred in connection with your membership to a Service (including any applicable taxes and returned check fees) at the rates in effect when the charges were incurred. We will bill all fees and charges automatically to your credit card or bank account. The fees and charges on your credit card or bank statement will appear as PINNACLE ONLINE TRAINING, ONLINE TRAINING, or similar.  Membership fees will be billed at the beginning of your membership or any renewal. All fees and charges are subject to our Return Policy. We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. If you want to use a different credit card or there is a change in credit card validity or expiration date, you must follow the procedures outlined in the “General” section of the “User Q&A.” You are responsible for any fees or charges incurred to access a Service through an Internet access provider or other third-party service.

a.             If you are authorized to access a Service through arrangements between your employer and us, some or all of these "Fees and Payments" terms may not apply to you. Please contact your employer for details.

b.             If you receive access to a Service through one of our affiliate reseller  companies as part of an arrangement we have with that company, some or all of these “Fees and Payments” terms may not apply to you.  Please contact your provider of the Service for details.

4.                Renewal. Your membership will renew automatically, unless we terminate it or you notify us by email, fax or mail of your decision to terminate your membership. You must cancel your membership prior to five days before it renews in order to avoid billing of membership fees for the renewal term to your credit card or bank account. All trial memberships must be canceled before the end of the trial to avoid renewal and billing.  See section 10 for information on how to terminate your membership.

5.         Return Policy.  Your membership fees will be refunded, upon written request, in the event that you are unsatisfied with the quality and value of your membership and you cancel your membership within the first 30 days of your membership enrollment.  All other charges associated with your membership, such as returned check charges, or other similar charges, are nonrefundable.

6.                Limitations on Use.

a.             Only you and your immediate family members may access a Service using the same user name or password, unless we agree otherwise.

b.             The content, (including, but not limited to, articles, documents, photographs, images, illustrations, audio clips and video clips, also known as “Content”) available through the Services is our property, or the property of the party credited as the provider of the content, and is protected by copyright and other intellectual property laws.  You may not modify, publish, transmit, reproduce, create new works from, distribute, perform, or in any way exploit, any of the Content or the Service (including software) in whole or in part.

c.            We may change, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database, or content.  We may also impose limits on certain features and services or restrict your access to parts or all of a Service without notice or liability.

d.             You agree not to use the Services for any unlawful purpose. We reserve the right to terminate or restrict your access to a Service if, in our opinion, your use of the Service may violate any laws, infringe upon another person's rights or violate the terms of this Agreement. Also, we may refuse to grant you a user name that impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar or otherwise offensive.

7.                Discussion Boards and Conference Rooms (the “Forums”).

a.             You agree not to upload to, or distribute or otherwise publish on the Forums any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material.  You agree that you will not threaten or verbally abuse other Members.  You agree not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc.  You agree not to use the Forums to advertise, solicit funds, or solicit goods and services.

b.             You are solely responsible for the content of your messages.  While Pinnacle does not and cannot review every message posted by you on the Forums and is not responsible for the content of these messages, Pinnacle reserves the right to delete, move, or edit messages that it, at its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.  You acknowledge that any submissions you make to a Service may be edited, removed, modified, published, transmitted, and displayed by Pinnacle and you waive any moral rights you may have in having the material altered or changed in a manner not agreeable to you.

8.             Third Party Web Sites, Services and Software. We may link to, or promote, web sites or services from other companies on a Service or offer you the ability to download software from other companies. You agree that we are not responsible for, and do not control, those web sites, services and software.

9.           Communication.  We reserve the right to send electronic mail to you for the purpose of informing you of changes and/or additions to the Service.  We reserve the right to disclose information about your usage and demographics, provided that it will not reveal your personal identity in connection with the disclosure of such information.  We may contact you via e-mail regarding you participation in user surveys, asking for feedback on a Service and existing or prospective products and services.

10.            Termination.  You may terminate or inactivate your membership at any time.  You must request the termination of your membership in writing, either by email at Support@Pinnaclep.com, fax at 775-252-8187, or mail at Pinnacle, 400 Chisholm Pl. Suite 411 Plano, TX  75075.  Your termination request must have your full name, email address, and member number (found on the My Info page).  Upon termination, you will receive a confirmation number, via e-mail, that the request was received, and your access will be suspended within 72 hours.  You are responsible for any and all charges incurred (for services purchased or fees incurred) up to the time your membership is terminated.

a.             We may, in our sole discretion, terminate or suspend your access to all or part of the Service for any reason, including, without limitation, breach or assignment of this Agreement.

11.                DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY. YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE SERVICES AND THE CONTENT AVAILABLE THROUGH THE SERVICES IS ON AN "AS-IS", "AS AVAILABLE" BASIS AND WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, REPRESENTATION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE BY ANY VENDOR, CUSTOMER, OR ASSOCIATE OFFERING INFORMATION, PRODUCTS, AND SERVICES ON OR THROUGH PINNACLE’S WEB SITE, LINKED TO PINNACLE’S WEB SITE, OR HOSTING WITH PINNACLE.  We do not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Service by any user, information or Content provider, or any other person or entity.  You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. 

12.           General. This Agreement contains the final and entire agreement between us regarding your use of the Services and supersedes all previous and contemporaneous oral or written agreements regarding your use of the Services. We may discontinue or change the Services, or their availability to you, at any time. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the State of Texas, United States of America applicable to contracts made entirely within Texas and wholly performed in Texas, without regard to any conflict or choice of law principles. The sole jurisdiction and venue for any litigation arising out of this Agreement will be an appropriate federal or state court located in Texas. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.