These Pure Training Terms and Conditions (“Terms”), apply to the provision of any Pure-branded training services (collectively, “TrainingServices”).
1. USE OF TRAINING SERVICES. Training Services are solely for End User’s own internal use, and shall not be resold, redistributed, or used for service bureau purposes.
2. SCHEDULING. All instructor-led Training Services must: (a) be purchased with at least one Product; and (b) be scheduled and delivered within the Training Window. “Training Window” means: (i) six (6) months of the Product shipment date; or (ii) within six (6) months of the first shipment date, if the Product is delivered over multiple shipments. Pure provides at least two (2) timeframes for End User to schedule Training Services within the Training Window. However, Pure does not schedule Training Services after the Training Window.
3. RESCHEDULING. Training Services occur on the scheduled start date as agreed with Pure. Pure can accommodate up to two (2) requests to reschedule the Training Services, provided the rescheduled date remains within the Training Window. Pure does not accommodate rescheduling nor refund any fees paid for Training Services if End User seeks to reschedule the Training Services more than twice. Pure uses commercially reasonable efforts to provide End User with advance notice and works with the End User to schedule a new date for Training Services, even if after the Training Window has closed, if Pure needs to reschedule any Training Services. End User may reschedule Training Services as follows: (a) Instructor-Led Training (In-Person) may be rescheduled up to 14 calendar days prior to the start of the originally scheduled Training Services; and (b) Virtual Instructor-Led Training (remote training) may be rescheduled up to 7 calendar days prior to the start of the originally scheduled Training Services.
4. CANCELLATION. End User may cancel Training Services at any time by providing Pure with prior written notice, however: (a) the Training Services shall not be rescheduled once canceled; and (b) except for Training Services canceled by Pure, all fees paid for Training Services are non-refundable. Except for a Cancellation for Cause, Pure will refund any pre-paid amounts paid for Training Services, as End User’s sole remedy for any cancellation of the Training Services by Pure. Pure may cancel any Training Services, without refund, for any of the following reasons (collectively, a “Cancellation for Cause”): (i) End User has failed to pay the full amounts owed for the Training Services; (ii) End User is abusive, threatening, or refuses to cooperate with Pure (or its authorized reseller) in the arrangement, scheduling, or provision of the Training Services; or (iii) End User breaches these Terms.
5. TRAINING MATERIALS. Pure will provide training materials, which may consist of course documentation, guidelines, instructional materials such as workbooks, manuals or audio materials, or computer-based training. All training materials provided by Pure in any form, whether printed or electronic, are the copyrighted works of the original content provider. Training materials are for the sole use of the participant enrolled in the training course, and may not be used by any other person, reproduced, distributed or modified without Pure’s express written permission.
6. INTELLECTUAL PROPERTY. The content of Pure’s Training Services is Pure’s intellectual property. Pure retains all rights, title, and interest in and to all Training Services materials (collectively, “Training Materials”), Pure confidential information, related information, and all copyrights, patent rights, trademark rights, and other proprietary rights therein.
7. PURE’S RESPONSIBILITY. Pure will, at its sole discretion, determine the number of instructors and the appropriate skill sets necessary to conduct the Training Services. End User agrees that the instructor may be an employee or consultant of Pure, or a Pure service provider.
8. ASSIGNMENT AND SUBCONTRACTING. Pure may subcontract or assign the Training Services to a qualified third party service provider who will perform the Training Service on Pure's behalf.
9. WEB-BASED ELEMENTS. Pure is not liable for any interruptions or delays in receiving or transmitting data in connection with any web-based elements of the Training Services.
10. DISCLAIMERS. Pure makes no representations or warranties of any kind regarding the suitability or quality of the Training Services. Pure expressly disclaims all liability for any actions or omissions performed by End User in reliance upon the Training Services or Training Materials. The Training Services and Training Materials are provided “as is”. Pure disclaims all warranties, whether express or implied, including the implied warranties of merchantability or fitness for a particular purpose.
11. GENERAL TERMS. These Terms supplement the Pure End User Agreement (or other written agreement covering the same subject matter executed by Pure) for the applicable subscription purchased by End User. Capitalized terms not specifically defined in these Terms have the same meaning as in the End User Agreement. Pure reserves the right to update these Terms from time to time, as noted by the “Last Updated” date below.
Last Updated December 12, 2022