Agreement Between User and Phelps & Associates LLC
Phelps & Associates Web-site and Services may include: (a) your use and submission of data, text, audio, video, images, software (including machine images), or other materials (collectively, “Customer Content”) in connection with the Phelps & Associates Web-site and/or Services; and (b) the use of various tools, websites, electronic media and services Phelps & Associates may provide to you in connection with the Phelps & Associates Web-site and/or Services (collectively, the “Phelps & Associates Tools”). If you are entering into this Agreement for a commercial entity, government institution, or any other entity (“Entity”), such as the company or educational institution you work for, you represent that you have legal authority to bind that Entity.
1. AGE AND PARENT/GUARDIAN CONSENT REQUIREMENTS:
- By using Phelps & Associates’ website, you represent and warrant that (a) you are legal age of majority, in the jurisdiction in which you reside and agree to be bound by this Agreement; (b) if you are under 18 years of age, you are not allowed to use this website and access the services or below the age of majority in your jurisdiction, you agree to have obtained verifiable consent from a parent or legal guardian; and (c) your use of Phelps & Associates’ website does not violate any applicable law or regulation. Your access to Phelps & Associates’ website may be terminated without warning if we believe, in our sole discretion, that you are under the legal age of majority and have not obtained verifiable consent from a parent or legal guardian. (d) If you are a parent or legal guardian and you provide your consent to your child’s use of Phelps & Associates’ website, you agree to be bound by this Agreement in respect to your child’s use of Phelps & Associates’ website.
- Additionally, the age requirement for attending custom training is restricted to any candidate that is permitted by his/her country of origin/residency. If the candidate is under the legal age as permitted by his/her country of origin/residency, they are not eligible to attend the official training or eligible to attempt the certification exam unless they provide the Phelps & Associates or its representatives, a written consent/indemnity of their parent/legal guardian and a supporting letter from their institution of higher learning. Only candidates from a nationally accredited institution of higher learning shall be considered
3. ELECTRONIC COMMUNICATIONS
When you use Phelps & Associates Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Phelps & Associates Services, such as our Message Center, and you and we can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
4. USE OF COMMUNICATION SERVICES
The Phelps & Associates Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information.
- Upload Files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload Files that contain viruses, corrupted Files, or any other similar software or programs that may damage the operation of another’s computer.
- Advertise or offer to sell or buy any goods or services for any business purpose unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any File posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations
Phelps & Associates has no obligation to monitor the Communication Services. However, Phelps & Associates reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Phelps & Associates reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Phelps & Associates always reserves the right to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Phelps & Associates’ sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Phelps & Associates does not control or endorse the Customer Content, messages or information found in any Communication Service and, therefore, Phelps & Associates specifically disclaims any liability regarding the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Phelps & Associates spokespersons, and their views do not necessarily reject those of Phelps & Associates.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
All content included in or made available through any Phelps & Associates Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Phelps & Associates or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Phelps & Associates Service is the exclusive property of Phelps & Associates and protected by U.S. and international copyright laws.
All contents of the Phelps & Associates Website are: Copyright 2023 by Phelps & Associates and/or its suppliers. All rights reserved.
Phelps & Associates logo and trademark. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Phelps & Associates are trademarks or trade dress of Phelps & Associates in the U.S. and other countries. Phelps & Associates’ trademarks and trade dress may not be used in connection with any product or service that is not Phelps & Associates’, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Phelps & Associates. All other trademarks not owned by Phelps & Associates that appear in any Phelps & Associates Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Phelps & Associates. The names of actual companies and products mentioned in our websites and electronic assets may be the trademarks of their respective owners.
7. INTELLECTUAL PROPERTY COMPLAINTS
Phelps & Associates respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please follow our Notice and Procedure for making claims of copyright infringement.
8. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
We take claims of copyright infringement seriously and will respond to notices of alleged copyright infringement that comply with applicable law. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), we will respond expeditiously to claims of copyright infringement committed using our Services. If you believe any materials accessible on or from the Services infringes your copyright, you may request removal of those materials from the Services by submitting written notification to our Copyright Agent (designated below).
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by submitting a written notice (the “DMCA Notice”) to us with the following information
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Service, a representative list of such works.
- Identification of the material you believe to be infringing in a succinctly precise manner to allow us to locate that material
- Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, email address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Completed notices should be sent by email to: email@example.com. Upon receipt of Notice as described below, we will take whatever action, in our sole discretion, we deem appropriate, including removal of the challenged content from the Site.
If you fail to comply with all the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
9. NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Phelps & Associates Website, you warrant to Phelps & Associates that you will not use the Phelps & Associates Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You shall not use the Phelps & Associates Website in any manner which could damage, disable, overburden, or impair the Phelps & Associates Website or interfere with any other party’s use and enjoyment of the Phelps & Associates Website. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Phelps & Associates Website.
10. LICENSE AND ACCESS
11. YOUR ACCOUNT
You may need your own Phelps & Associates account to use certain Phelps & Associates Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Phelps & Associates sells products only to adults, who can purchase with a credit card or other permitted payment method. If you are not the legal age of majority and/or within the specified age limit as mentioned under the relevant provisions i.e., “AGE AND PARENT/GUARDIAN CONSENT REQUIREMENTS”, you may use the Phelps & Associates Website and Services only with involvement of a parent or guardian. Phelps & Associates reserves the right to refuse service, terminate accounts, terminate your rights to use Phelps & Associates Website and Services, remove or edit content, or cancel orders in its sole discretion.
12. MATERIALS PROVIDED TO PHELPS & ASSOCIATES OR POSTED AT ANY PHELPS & ASSOCIATES WEBSITE
- Phelps & Associates does not claim ownership of the materials you provide to Phelps & Associates (including feedback and suggestions) or post, upload, input or submit to any Phelps & Associates Website or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission or Customer Content, you are granting Phelps & Associates, its affiliated companies a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, publicly perform, reformat, translate, edit, create derivative works from, distribute, and display such Submissions or Customer Content throughout the world in any media and to publish your name in connection with your Submission or Customer Content.
- Further, you agree that you will not submit any Customer Content or Submission that is illegal, profane, obscene, sexually explicit, threatening, libelous, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not submit Customer Content or Submission containing official personal identification numbers or codes (such as social security number, driver’s license number, passport or national identification numbers, policy numbers, bank account numbers, etc.), or highly sensitive personal information not related to the Phelps & Associates Services and/or Website (such as race, ethnicity, religion, religious/philosophical beliefs, political or union affiliation or opinions, medical or health information, sexual orientation, disability, etc.). You shall not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the Submission or Customer Content. Phelps & Associates reserves the right (but not the obligation) to remove or edit such Submission or Customer Content.
- No compensation will be paid with respect to the use of your Submission or Customer Content, as provided herein. Phelps & Associates is under no obligation to post or use any Submission or Customer Content you may provide and may remove any Submission or Customer Content at any time in Phelps & Associates’ sole discretion.
- Notwithstanding anything foregoing, you may opt to remove your Submission or Customer Content from the Phelps & Associates Website at any time you wish.
13. DISCLAIMER REGARDING CUSTOMER CONTENT AND SUBMISSION
14. YOUR SUGGESTION
If you provide any suggested improvements to the Phelps & Associates Service and/or Website, or any features, programs, or offerings offered through the Service or Phelps & Associates Website (“Suggestions”), Phelps & Associates owns all right, title, and interest in and to these Suggestions, even if you have designated them as confidential, and Phelps & Associates will be entitled to use the Suggestions without restriction. You hereby irrevocably assign to us all right, title, and interest in and to the Suggestions, and agree to provide us any assistance we may require to document, perfect, and maintain our rights in the Suggestions
15. USE OF THIRD- PARTY PLATFORM
16. RISK OF LOSS
All purchases of physical items from Phelps & Associates are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier
17. RETURNS, REFUNDS AND TITLE
Phelps & Associates does not take title to returned items until the item arrives at our center.
18. PRODUCT DESCRIPTIONS
Phelps & Associates attempts to be as accurate as possible. However, Phelps & Associates does not warrant that product descriptions or other content of any Phelps & Associates Service is accurate, complete, reliable, current, or error-free.
With respect to items and services sold by Phelps & Associates, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalogue may be mispriced. If the correct price of an item or service sold by Phelps & Associates is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
20. SANCTIONS AND EXPORT POLICY
You may not use Phelps & Associates Website or any Phelps & Associates Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Phelps & Associates Website or Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including Phelps & Associates Software), technology, and services
21. LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE PHELPS & ASSOCIATES WEBSITE AND/OR PHELPS & ASSOCIATES SERVICE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PHELPS & ASSOCIATES AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PHELPS & ASSOCIATES WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE PHELPS & ASSOCIATES WEBSITE SHOULD NOT BE RELIED UPON FOR CAREER, PERSONAL, LEGAL OR FINANCIAL DECISIONS ETC. AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
SERVICE CONTACT: firstname.lastname@example.org
22. TERMINATION/ACCESS RESTRICTION
Phelps & Associates reserves the right, in its sole discretion, to terminate, suspend or restrict your access to the Phelps & Associates Website or any portion thereof at any time, without notice. In the event of suspension, cancellation, or termination, you are no longer authorized to access the part of the website affected by such suspension, cancellation, or termination. In the event of any suspension, cancellation, or termination, the restrictions imposed on you with respect to material downloaded from the website and the disclaimers and limitations of liabilities set forth in the Agreement, shall survive.
Any dispute or claim relating in any way to your use of any Phelps & Associates Website and/or Services, or to any products or services sold or distributed by Phelps & Associates will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The dispute between the parties shall be submitted to the United States Arbitration Association (USADR) for arbitration in accordance with its rules in force at the time of application for arbitration (“Arbitration Rules”).
24. APPLICABLE LAW
Use of the Phelps & Associates Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
27. Third-Party Connected Apps and Paid Services
The guiding principle of Phelps & Associates is simple, we want to provide the highest quality products and services to our clients. We believe in providing our students, partners, and professionals with the best written products and training used in the field, not just in academia.
Subscription Fees and/or License Fees
Phelps & Associates will never ask you for payment details, or sensitive information during our course of learning, however some of our Live Labs connect to third-party services such as Amazon AWS, Google Cloud Platform, Microsoft Azure, etc. While many of these service providers allow you to sign up for free tier usage, Education Accounts, or provide promotional credits for trials, many do ask for your credit card during sign-up and may bill for the use of their services, during and even after you have completed your course of study with Phelps & Associates. Be aware, signing up for third party services may incur expenses related to the use of their services. Our labs can be completed without any additional charges unless explicitly marked, but you are ultimately responsible for any services you may intentionally or unintentionally sign up for when connected to those platforms.
Last Updated : 1st September 2023.