Terms of Sale for Digital Products
These Terms of Sale for Digital Products (the “Terms”) set out the terms and conditions between ResearchPRO LLC (“ResearchPRO”) and the purchaser (“Customer”) of any digital product from ResearchPRO’s online shop (the “Product”). Customer agrees to these Terms below by checking the box in the online shopping cart checkout or by submitting payment for the Product.
ResearchPRO reserves the right, in its sole discretion, to change, modify, or otherwise alter these Terms at any time, which shall become effective immediately upon posting to the ResearchPRO website (https://theresearchpro.com/).
USE OF THE PRODUCTS
Learning Bundles: After purchasing a learning bundle, Customer will be given access to the Product materials within [forty-eight (48) hours] through a link delivered in the Customer’s email. Customer will have lifetime access to the materials so long as the Product(s) is/are available.
Courses: After purchasing a course, Customer will be given access to the Product materials within [forty-eight (48) hours] through a sign-in link delivered in the Customer’s email. The sign-in link will direct them to their personal online classroom where they will have access to the digital Product(s) they have purchased. Customer will have [a year] of access to the materials, from the date of purchase, so long as the product(s) is/are available.
Purchase of the Product(s) will entitle Customer to a royalty free, non-exclusive, non-transferable, non-sublicensable license to use, access and/or download and store the Product(s). In respect of any element of the Product that comprises a template, Customer may for their own internal purposes only make derivative works using the Product. Customer acknowledges that they have purchased a license to use the Product, and that the grant of this license does not constitute a transfer of ownership. Subject to the license granted herein, ResearchPRO retains all intellectual property rights, including, but not limited to, copyright, trademark, trade secret or other intellectual property rights of any kind, whether registered or unregistered. ResearchPRO reserves all rights not expressly granted to users hereunder.
Customer may not, unless otherwise expressly permitted by ResearchPRO:
- sell, sub-license, distribute, display, copy, disassemble, decompile, reverse engineer, translate, transfer, or otherwise make available any Product and/or its content to any other person
- use any Product or its content to create any derivative works or products that could be considered competitive products;
- allow any third party to access, benefit or use any Product or its content in any way; or
- share any password, username or other access information that can be used to access any Product or its content.
PRICE AND PAYMENT
The Customer agrees to pay ResearchPRO the fee indicated on the online shopping cart. ResearchPRO accepts major credit/debit cards (Visa, Mastercard, Discover) and ACH payments.
If any payment methods are declined by the online payment processor, Customer shall provide a new eligible payment method before receiving access to the Product. In the event Customer has already been given access to the Product and a payment method is declined, ResearchPRO reserves the right to collect any and all outstanding receivables.
ResearchPRO reserves the right to change the prices of the Products at any time, but changes will not affect orders in respect of which payment has already been taken and the download made available.
Payments shall not be refundable under any circumstances.
INTELLECTUAL PROPERTY RIGHTS
ResearchPRO is the owner or licensee of all intellectual property rights to the Products Customer purchases, including any databases that hold relevant information about the Products. They are protected by U.S. copyright and/or trademark laws and Customer may only use the Products in line with these Terms.
Customer agrees to defend, indemnify, and hold harmless ResearchPRO, its affiliates, licensors, and service providers, and its and their respective officers, members, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to Customer’s violation of these Terms or Customer’s use of the Product(s).
DISCLAIMER OF WARRANTIES
Customer understands that ResearchPRO cannot and does not guarantee or warrant that files available for downloading from the internet or this website will be free of viruses or other destructive code. Customer is responsible for implementing sufficient procedures and checkpoints to satisfy their particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the website and the Product(s) for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, RESEARCHPRO WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT CUSTOMER’S COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO CUSTOMER’S USE OF THE WEBSITE OR ANY PRODUCT OR TO CUSTOMER’S DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
CUSTOMER’S USE OF THE WEBSITE, ITS CONTENT, AND THE PRODUCTS IS AT THEIR OWN RISK. THE SITE, ITS CONTENT, AND THE PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER RESEARCHPRO NOR ANY PERSON ASSOCIATED WITH RESEARCHPRO MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR THE PRODUCTS. WITHOUT LIMITING THE FOREGOING, NEITHER RESEARCHPRO NOR ANYONE ASSOCIATED WITH RESEARCHPRO REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR THE PRODUCTS WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR PRODUCTS WILL OTHERWISE MEET CUSTOMER’S NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, RESEARCHPRO HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF RESEARCHPRO AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND MEMBERS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT CUSTOMER HAS PAID TO RESEARCHPRO FOR THE PRODUCT(S) IN THE LAST CALENDAR YEAR OUT OF WHICH LIABILITY AROSE.
The limitation of liability set out above does not apply to liability resulting from ResearchPRO’s gross negligence or willful misconduct.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction. All matters relating to the Product(s) and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Ohio without giving effect to any choice or conflict of law provision or rule (whether of the State of Ohio or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Product(s) shall be instituted exclusively in the federal courts of the United States or the courts of the State of Ohio, in each case located in the City of Columbus, Franklin County. Customer waives any and all objections to the exercise of jurisdiction over them by such courts and to venue in such courts.
Arbitration. At ResearchPRO’s sole discretion, it may require Customer to submit any disputes arising from these Terms or use of the Product(s), including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Ohio law.
Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM CUSTOMER MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE PRODUCT(S) MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver. No waiver by ResearchPRO of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of ResearchPRO to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. Severability. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.