Terms of Use & Conditions

Last Updated: July 23, 2017

Please note that our Site is under constant development. New services are added frequently and this agreement may therefore be modified and updated on an ongoing basis. It is important to check back to this page regularly.

General Rules

The Program Practice (“TPP”) owns and operates the public-facing website, theprogrampractice.com, as well as makes the same or similar content available to mobile users, including via apps available to users of Android, iPhone, iPad or any other mobile device (collectively the "Site"). (App purchases are typically also subject to the terms and conditions of the entity that operates the app store, which are accessible on that entity's website.) This Terms of Use & Conditions is referred to throughout this agreement as "Terms of Use").

Your use of the Site and associated products and services, regardless of media, is subject to the terms, conditions, and disclaimers set forth below; to The Program Practice Privacy Policy and to all applicable laws and regulations. In addition, The Program Practice reserves the right to terminate access to the Site for any reason, and to take any other actions that TPP, in its sole discretion, believes to be in the interest of TPP and some or all of its users and customers. TPP reserves the right to modify these disclaimers, terms, and conditions of access, without advance notice.

This is a binding contract between TPP and you. By accessing the Site, you hereby accept this Agreement. As a material condition of such use, you warrant that you are at least 18 years of age and that you have provided accurate and complete information in any communication with TPP.

Access

Access to the Site does not create a professional services relationship or any other relationship with TPP. The Site is provided solely for your personal, non-commercial use. You may not develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any substantial part of the Site nor transfer to or store any data residing or exchanged over the Site in any electronic network for use by more than one user unless you obtain prior written permission from TPP. Specifically, unless explicitly authorized in this Terms of Use or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium any material from the Site.

For any images, text, data or other information or content (referred to here as "Content") you submit to TPP (including profile information, blog posts, comment areas, and any e-mail) you affirm, represent and warrant that you own the right to utilize, to license and to sublicense the Content and you grant to TPP, and anyone authorized by TPP, a non-exclusive, worldwide, paid-up, royalty-free, irrevocable, perpetual license, including right of sublicense, to use, copy, assign, display, distribute, perform, reproduce in whole or in part, and modify the Content in any medium or any manner, in whole or part (whether now known or hereafter developed), without any restrictions to you, for the sole intended purpose of the Site and/or services provided. You also grant to each user of the Site a non-exclusive license to access the Content through the Site and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Site and under this Terms of Use.

For any Content you post that you do not own, you guarantee to us that you have the legal right to post such Content and that it will not violate any law or the rights of any person or entity. IN OTHER WORDS, AND AMONG OTHER THINGS, YOU WILL NOT POST CONTENT ON THE SITES YOU DO NOT OWN WITHOUT PERMISSION OF THE OWNER OF THE CONTENT, INCLUDING WRITTEN, PHOTOGRAPHIC, MUSIC AND VIDEO CONTENT.

Intellectual Property

TPP and the Site, and all other text and images contained on the Site and in TPP's products, are protected by United States trademark and copyright law and other applicable law and are the property of TPP, except as otherwise identified. All Content provided by TPP on the Site, and all rights in and to the same, remain the property of TPP. Unless otherwise stated, we or our licencors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved. All copyrights and trademarks not the property of TPP that are used or referred to in the Site and TPP's products are the property of their respective owners. Nothing contained in the site or other products shall be construed as granting any license or other rights to any copyright, trademark, patent or other property of TPP or any third party, whether by implication, laches, estoppel or explicit grant. Because the content is proprietary, any unauthorized use of materials on the site or other products may violate the law. If you are a copyright owner and believe infringing material is present on any of the Site, please refer to the procedures outlined below in the section titled "The Program Practice Site DMCA Copyright Infringement Claim Policy."

TPP’s products, including third party and licensed materials on the site, may not be modified, reproduced, republished, re- transmitted, edited or displayed except for personal use. Any use for a commercial or public purpose requires specific written permission from TPP.

Nothing in these Terms of Use will be construed as granting the user any right or license to use any trademarks, service marks or logos displayed on the Site.

TPP's professional objective is to ensure that the information on the Site is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the Site remains available or that the material on the Site is kept up to date. There is no guarantee that you will score high or at any specific level in our exam or on any official exam, government administered or otherwise. We are not responsible for any outcome or performance in official exams. There is no guarantee in writing or verbally that is promised to any user of the Site with regard to passing our exam or the any civil service or other exam.

Any link to an external website is for your general reference and convenience and is not meant in any manner to be an endorsement or specific referral by TPP. 

TPP specifically disclaims any endorsement, guarantee, or otherwise to any external third party links, professionals, references, or otherwise. Your use of such links or services therefrom is done solely on your own accord and without any endorsement, referral, representation, warranty or liability on the part of TPP and TPP disclaims any and all responsibility for the accuracy of these external third party links.

Acceptable Use Policy

You are solely responsible for any and all acts and omissions that occur during or relating to your use of the Site.

Users may view, download for caching purposes only, and print pages from the Site for their own personal use and non-commercial purposes, subject to the restrictions discussed in these Terms of Use.

Violations of the any state, federal law or regulation or others rights is prohibited. Users agree to use the Site or undertake the online courses in compliance with applicable laws and the Terms of Use and that do not infringe or violate the rights of others.

You agree not to engage in unacceptable use of the Site, which includes, without limitation, use of the Site to:

- Harm or threaten to harm, bully, intimidate or harass users or members of the general public in any way, or "stalk" or otherwise harass any other person or entity;


- Post or transmit any Content that is unlawful, false or misleading, grossly offensive, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, violent, sexually suggestive, illegal, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable or otherwise violate any law;


- Disseminate or transmit "spam," unsolicited messages, chain letters, any advertisements, solicitations, pyramid schemes, investment opportunities or other unsolicited commercial communication or upload viruses or other malicious code to the Site;


- Purchase, sell, or offer to purchase or sell any equity or security or market instrument; provide information designed to manipulate any equity or security or market; or disseminate or transmit any material, non-public information about any company without authorization to do so;


- Collect, use, or store any personally identifiable information about other users, or otherwise violate the personal privacy rights of others or access TPP using any automated means without our prior permission;


- Post any Content related to partisan political campaigning or fundraising or other unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation except in areas that are expressly designated by the Site for such purpose; 

- Disseminate or transmit any Content that infringes or violates any copyright, trademark, trade secret, patent or other proprietary right; or use or distribute third-party information (whether or not protected as a trade secret) in violation of a duty of confidentiality, fiduciary duty, or similar duty;

- Violate any law (whether local, state, national, or international), whether or not intentionally, or is misleading, malicious or discriminatory; 

  • Upload viruses or other malicious code to the Site;

 Solicit login information or access an account belonging to someone else on the Site;

- Express or imply that any statements you make are endorsed by us;

- Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;

- Obtain, copy, monitor, index or data mine through the use of a robot, spider, any automated device, or any manual process, the Site or the contents (except as expressly permitted by TPP);- Use domain names or web URLs in your username without prior written consent from TPP; 

- Share your password or let anyone else access your account, or do anything that may jeopardize the security of your account; 

- "Frame" or "mirror" any part of the Site; or

- Engage in any other activity deemed by TPP to be in conflict with the spirit or intent of this Agreement or that might violate the rights of others or give rise to liability, including any activity that facilitates or encourages any violations of these terms, conditions or policies. 

- You understand that by using the Site, you may be exposed to Content that may offend you or challenge your beliefs. Your remedy is to avoid such Content by discontinuing your access.

-We can remove any Content you post if we believe it violates these terms and conditions or our policies. If your Content violates these terms, conditions or policies, you may bear legal responsibility for that Content.

Termination 

If you violate these terms and conditions or otherwise create possible legal exposure for TPP, we can stop providing all or part of the Sites to you. We will notify you by email or the next time you attempt to access your account. You may delete your account or disable your application any time.

 We reserve the right to modify or terminate the Site or your access to the Site for any reason, without notice, at any time, and without any liability to you. If we terminate your access to the Site or you disable or delete your account, your photos, comments, likes, friendships and all other data will no longer be accessible through your account.

 We reserve the right to refuse access to the Site to anyone for any reason at any time.

Additionally, TPP may terminate or suspend access to our online training courses and other services immediately, without prior notice or liability, for any reason whatsoever, including without limitation breach of these Terms of Use.

TPP reserves the right at any time and at our discretion to cease providing any content, courses or discontinue any aspect or element of the Site. If we deactivate a course that your purchased before you had a chance to take the course we will gladly substitute it for a course of equal value.

Content and Non-Endorsement

Opinions and other statements expressed by users and third parties are theirs alone, not opinions of TPP. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. The Sites and third parties may provide links to web pages, websites, and various resources or locations on the web. TPP has no control over the information you access via such links, does not endorse that information, and shall not be responsible for it or for the consequences of your use of that information.

Refund Policy

 We only offer a refund when the course was never accessed, or any issues raised by technology.   We are a community driven initiative and want to earn your trust, and work with you to keep this valuable service available to future test takers.   In the event, of any online course cancellation due to circumstances beyond our control, we will do our best to offer rescheduled dates or substitutes for those classes. TPP is not under any obligation to provide the online course offering until the user pays in full the fee for the course.

If you think that there is a good argument that warrant a "Refund" , please, write to The Program Practice.  244 Fifth Avenue.  Suite # E247.  New York,  New York 10001.  Please include a typed letter of no more than two (2) pages with your name, address, contact #, name of the course, Account number, and communicate why the refund is necessary.  

In 72 hours, we will mail a response with a final written answer.  

 

Comment Areas

Comment Areas are designed to permit you to share your ideas and opinions. Information on Comment Areas is sometimes provided by TPP staff and other contributors, some of whom use anonymous screen names and are people not otherwise connected with us. You acknowledge that a large volume of information is available in Sites Comment Areas and that people participating in such Comment Areas occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading or deceptive. TPP neither endorses nor is responsible for such messages or statements, or for any opinion, advice, information or other utterance made or displayed on the Sites or Comment Areas by third parties. The opinions expressed in the Comment Areas reflect solely the opinion(s) of the participants and may not reflect the opinion(s) of TPP. TPP is not responsible for any errors or omissions in postings in the Comment Areas, for hyperlinks embedded in messages or for any results obtained from the use of such information. Under no circumstances will TPP or its affiliates, be liable for any loss or damage caused by your reliance on such information obtained through the Sites or the Comment Areas.

TPP does not initiate, edit, modify, select, or designate specific recipients for any messages or other data entered into the Comment Areas or any other part of the Site, except that (i) TPP may consolidate and edit for clarity any Content posted to comment areas, (ii) TPP may inform registered users or third parties of particular content, ask for their response, or ask them to host discussions, and (iii) TPP reserves the right to monitor the Site and to remove any information that TPP, in its sole discretion, considers to be inappropriate or unlawful.

You acknowledge and agree that TPP has the right (but not the obligation) to monitor the Comment Areas and the materials you transmit or post; to alter or remove any such materials (including, without limitation, any posting to a forum or Comment Area); to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Site properly; to protect TPP, its visitors, and the public; and to comply with legal obligations or reasonable governmental requests.

You acknowledge and agree that unless otherwise stated, all materials and information you provided will be deemed to be provided to us on a non-confidential and non-proprietary basis.

Employment Opportunities

TPP may post employment opportunities on the Site and/or invite users to submit resumes to it. If you choose to submit your name, contact information, resume and/or other personal information to TPP in response to employment listings, you are authorizing TPP and its service providers to utilize this information for all lawful and legitimate hiring and employment purposes. TPP also reserves the right, at its sole discretion, to forward the information you submit to its parents, subsidiaries, affiliates, vendors and service providers for legitimate business purposes. Nothing in this Terms of Use or contained in the Site shall constitute a promise by TPP to interview, hire or employ any individual who submits information to it, nor shall anything in this Agreement or contained in the Sites constitute a promise that TPP will review any or all of the information submitted to it by users.

The Program Practice Site DMCA Copyright Infringement Claim Policy

TPP respects the intellectual property of others, and requires that its users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. TPP has the right to prohibit infringers from using its Site.

If you believe your work has been copied and posted on or through the Site in a way that constitutes copyright infringement, please send TPP's Copyright Agent a notification of claimed infringement with all of the following information:

(a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

(b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Sites (providing the URL(s) of the claimed infringing material satisfies this requirement);

(c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;

(d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

(e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and

(f) your physical or electronic signature.

TPP's Copyright Agent for notification of claimed infringement can be reached as follows:

Copyright Agent
The Program Practice, Inc.
244 Fifth Avenue Suite E247

New York, New York 10001

support@theprogrampractice.com

Upon receipt of a Notification of Copyright Infringement from a copyright owner that contains the required information described in (a) through (f) above, TPP will notify the user, if known, of the alleged infringement and remove or disable access to the material that is alleged to be infringing if hosted on TPP's Site. No personal user information is shared with the copyright owner unless required by law.

If TPP receives more than one Notice of Copyright Infringement concerning a user, the user may be deemed a "repeat copyright infringer." TPP reserves the right to terminate the accounts of "repeat copyright infringers."

Procedure to File a DMCA Counter-Claim

If you have received a notice of copyright infringement and you believe that a copyright holder has accused you in error, you may file a DMCA Counter-Claim with TPP's designated agent.

To be effective, a Counter-Claim must be a written communication provided to TPP's designated agent and must include the following information:

(a) A physical or electronic signature of the user;

(b) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

(c) A statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material that was removed or disabled; and

(d) The user's name, address and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district located in the Southern District of New York and that the user will accept service of process from the person who provided notification of alleged infringement or an agent of such person.

Upon receipt of a DMCA Counter-Claim, TPP will provide the complaining party with a copy of the DMCA Counter-Claim. When TPP receives a Counter-Claim that meets the requirements of the DMCA, TPP will process the Counter-Claim in accordance with the requirements of the DMCA.

Limitation of Liability and Use

TPP has worked to ensure the accuracy of the information it provides through its products and services, including through the Site. This information frequently relies on data obtained from many sources, however, TPP cannot guarantee the accuracy of the information provided or any analysis based thereon.

The information, software, products, and services included on the Site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. TPP and/or its respective suppliers may make improvements and/or changes in the Site at any time. Advice received via the Site should not be relied upon for personal, professional, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

TPP MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY INFORMATION, PRODUCTS OR SERVICES OFFERED OR PROVIDED TO YOU IN ANY COMPONENT OF THE SITE, OR OTHERWISE.

YOU EXPRESSLY AGREE THAT THE USE OF TPP PRODUCTS AND SERVICES, INCLUDING THE SITE, IS AT YOUR SOLE RISK. SUCH PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS AND TPP MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TPP DISCLAIMS ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE. NO ADVICE, OPINION OR OTHER INFORMATION OBTAINED THROUGH THE SITES OR FROM TPP, ORALLY OR IN ANY MEDIA, SHALL CREATE ANY WARRANTY FROM TPP NOT EXPRESSLY STATED IN THIS AGREEMENT.

EXCEPT AS OTHERWISE STATED, TPP MAKES NO WARRANTY OR REPRESENTATION REGARDING CONFIDENTIALITY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEB SITE LINKED TO THE SITE. YOU AGREE THAT NEITHER TPP, NOR ANY OTHER PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THE SITE, ARE RESPONSIBLE FOR THE CONFIDENTIALITY OF ANY INFORMATION, (INCLUDING WITHOUT LIMITATION CREDIT CARD INFORMATION, PERSONALLY IDENTIFIABLE INFORMATION, INCLUDING EMAIL ADDRESS, PHONE NUMBER, ETC.), AND NEITHER TPP NOR ANY OTHER PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THE SITE ARE RESPONSIBLE FOR ANY DAMAGES THAT MAY ARISE FROM DISCLOSURE OF SUCH INFORMATION.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TPP CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THIS SITE FOR THE RECONSTRUCTION OF ANY LOST DATA. TPP DOES NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF THE INTERNET. TPP MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE AT ANY TIME.

TPP AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS AND OTHER REPRESENTATIVES SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING LOST PROFITS OR COSTS OR ATTORNEY'S FEES, UNDER ANY LEGAL THEORY INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR STRICT LIABILITY, REGARDLESS OF WHETHER TPP WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

IN STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, TPP'S LIABILITY, AND THAT OF ITS SUBSIDIARIES, AFFILIATES OR PARENTS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, BUSINESS PARTNERS, INFORMATION PROVIDERS AND LICENSORS AND THEIR RESPECTIVE HEIRS AND ASSIGNS IS LIMITED TO THE FULLEST EXTENT ALLOWED BY SUCH STATES' LAWS.

TPP assumes no responsibility or liability arising from the content of the Site nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within the Site or accessed through the Sites. TPP also does not warrant that the functions or informational materials contained in or accessed or downloaded through the Site is free of computer viruses or other harmful components. In addition, although TPP makes a good faith effort to update the content of the Site periodically, TPP does not have a duty to update information contained in the Site, and TPP will not be liable for any failure to update such information.

In particular, but without limiting the generality of the foregoing, TPP does not control, verify or endorse any statements, facts or opinions posted on the Site by users or the contents of any site linked to the Site. Any opinions, advice, statements, services, offers or other information or Content posted on the Site are those of their respective authors who are solely liable for their Content.

TPP makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability of the information, products, goods, services, photographs, video clips, graphics or other images provided by third parties and/or referenced on the Site for any purpose. Any reliance by you on such information is, therefore, strictly at your own risk. In no event shall TPP be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from, out of, or in connection with, the use of or reliance on such information.

TPP makes no representation that information content provided on Site is applicable or appropriate for use in locations outside the United States. You agree to comply with all applicable laws and local rules regarding the transmission of technical data, acceptable content and online conduct.

TPP reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.

Indemnification

You agree to indemnify, defend and hold TPP, its affiliates and One Earth Logistics, Inc., licensors, suppliers, advertisers and sponsors, and its and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) and other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, including any violation of the Terms of Use; (b) any allegation that any Content or other materials you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Site.

Special Agreement on Fee-Shifting and Choice of Law; Limitation of Liability

If you attempt to bring any legal action against TPP based in any way on its products or services, including the Site, you agree that, in the event you do not prevail or TPP does prevail, you will reimburse TPP for any costs and attorney’s fees associated with their defense of the action.

Subject to the section below entitled "Dispute Resolution and Arbitration," the Sites and any claim or dispute relating to the Sites shall be governed by the laws of the State of New York, without regard to its conflicts of law principles. Exclusive venue for any claim shall be in the state and federal courts located in New York, New York and you hereby consent to the exclusive jurisdiction and venue of such in all disputes arising out of or relating to the use of the Site.

Use of the Site is unauthorized in any jurisdiction that does not affect all provisions of these Terms of Use, including without limitation this paragraph.

If you are located outside of the United States, please note that the information you provide to us will be transferred to the United States. By using the Site, you consent to this transfer.

The limitations and exclusions of liability set out in this Section and elsewhere in these Terms of Use govern all liabilities arising in connection with the use of the Site or in relation to the subject matter of this Agreement, including liabilities arising in contract, in tort, including negligence, and for breach of statutory duty.

With respect to information and services provided on the Site and any subsequent delivery of classes, we will not be liable for any loss or damage of any nature. We will not be liable to you in respect of any losses arising out of any event or events beyond our direct or reasonable control, such as loss of income, anticipated savings, contracts, or goodwill.

Neither TPP nor One Earth Logistics, Inc. will be liable to you for any loss or corruption of any data, database or software. Neither TPP nor One Earth Logistics, Inc. will be liable to you for any special, indirect or consequential loss or damage including identity theft.

Payment gateway services are offered by third parties which we do not have any control over.  

TPP and One Earth Logistics, Inc. strictly exclude and disclaim liability for any data breach issues. Your use of the Site to transact payments is strictly voluntary and at your discretion.

Dispute Resolution and Arbitration

If you are located in, based in, have office in, or do business in a jurisdiction in which this arbitration section is enforceable, the following mandatory arbitration provisions apply to you:

You and TPP agree that any dispute, claim, or controversy between you and TPP or One Earth Logistics, Inc. arising in connection with or relating in any way to the Site or to your relationship with TPP or One Earth Logistics, Inc. as a user of the Site or any of its products or services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) will be determined by mandatory binding individual arbitration. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this Agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of this Agreement or any agreement related to your use of the Site.

In the event that said dispute, claim, or controversy cannot be resolved in good faith by you and TPP or One Earth Logistics, Inc., you agree to submit the dispute to a neutral arbitrator residing in the State of New York. The arbitration shall be held in New York, New York. In the event that the parties are unable to agree upon an arbitrator within 15 days of the date on which either party requests arbitration of a matter, the arbitrator shall be provided by the American Arbitration Association. The parties further agree that full discovery shall be allowed to each party for the arbitration and a written award shall be entered forthwith. Any and all types of relief that would otherwise be available in Court shall be available to both parties in the arbitration. The decision of the arbitrator shall be final and binding. Except as provided herein, arbitration shall be the exclusive legal remedy of the parties. Judgment upon the award may be entered in any court of competent jurisdiction pursuant to New York law, as amended by the Arbitration Code.

If either TPP or you refuse to comply with a ruling or decision of the arbitrator and a lawsuit is brought to enforce said ruling or decision, it is agreed that the party not complying with the ruling or decision of the arbitrator shall pay the court costs and reasonable attorney's fees (including Trial and Appellate attorney's fees) incurred in enforcing the ruling or decision of the arbitrator.

Notwithstanding this section, you and TPP and One Earth Logistics, Inc. agree that nothing herein will be deemed to waive, preclude, or otherwise limit either your or TPP’s rights, at any time, to (1) seek injunctive relief in a court of law, or (2) to file suit in a court of law to address intellectual property infringement claims.

Time for filing

Any arbitration must be commenced by filing a demand for arbitration within one (1) year after the date the party asserting the claim first knows or reasonably should know of the act, omission, or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.

Class Action Waiver

WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND TPP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. UNLESS BOTH YOU AND TPP AGREE, NO ARBITRATOR OR JUDGE MAY CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

Severability

If any provision or portion of these Terms of Use is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and will remain in effect, to the fullest degree consistent with the intent of this document.

Additional Disclaimers

TPP makes every effort to ensure that it accurately represents its information, products and services. Statements made by TPP and/or its officers, directors, agents, representatives are examples and are not to be interpreted as any guarantee, promise, representation and/or assurance.

As with any product, your results may vary, and will be based on your individual capacity, experience, expertise. There are no guarantees, promises, representations and/or assurances concerning the level of success or satisfaction you may experience.

Testimonials and examples used are exceptional results, which do not, or may not, apply to the average person, and are not intended to guarantee, promise, represent and/or assure that anyone will achieve the same or similar results.

The use of TPP’s information, products and/or services should be based on your own due diligence, which you undertake and confirm that you have carried out to your entire satisfaction. You agree that TPP, its directors, officers, employees, consultants, agents and other representatives are not liable for any success or failure and/or satisfaction that is directly or indirectly related to the purchase and use of TPP’s information, products and/or services.

 By enrolling and participating in any online training courses offered by TPP, you agree that TPP will provide you only with the material and information necessary for the course as listed.

TPP DOES NOT guarantee that you will pass any civil services exams in New York or any other state or city in the United States, or gain employment opportunities, and TPP disclaims any and all warranties or guarantees of any career or job offers of any kind whatsoever.

Accreditation

TPP is not an institution of higher learning, such as a university, college, public or private, receiving funds or grants from any public sources. TPP is not offering diplomas after any online course completion. TPP may include a certificate program after reaching certain lesson advancement or milestones and to encourage discipline and hard work. TPP is a research based business only with no lecture classes or physical address where students are scheduled to attend and gather with other students. TPP has no affiliations to City of New York, State of New York, other local governments, states, or the United States Government or any of its public institutions or any career recruitment and testing technologies. TPP is NOT a college, university or accredited training institute of higher learning and therefore users agree not to bring legal action or a lawsuit against TPP, One Earth Logistics, Inc., representatives, agents, contractors, employees, or any other organization contributing to TPP’s objective of providing these lessons on that basis.

Contact

If you have any questions pertaining to these Terms of Use, please contact us at support@theprogrampractice.com

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