Terms of Service

Please read the following important Terms of Service Agreement (the "Agreement") before accessing or using any of the various services (the "Services") made available to you (the "Member") by PartnerFirst through http://www.partnerfirst.org ("PartnerFirst"). By completing the registration process for the PartnerFirst website, you represent that you can and will be legally bound by this Agreement. No Member may participate where doing so would be prohibited by any applicable law or regulation.

A) Modifications

PartnerFirst reserves the right to modify or amend this Agreement at any time, for any reason, or for no reason at all, at PartnerFirst's sole discretion. The most recent version of this Agreement will be posted on the PartnerFirst website. Although PartnerFirst will provide notice of material changes to this Agreement on the PartnerFirst website, as a Member it is your sole responsibility to keep yourself apprised of any such modifications or amendments. Should Member object to any terms and conditions of the Agreement or any subsequent modifications thereto or become dissatisfied with PartnerFirst in any way, Member's only recourse is to immediately: (1) discontinue use of PartnerFirst; (2) terminate PartnerFirst registration; and (3) notify PartnerFirst of termination.

B) Description of Services

As a Member, you will be provided with a variety of services, as described on the PartnerFirst website (the "Services").  Members may also utilize certain additional services offered from time to time such as shopping and e-commerce offerings, if applicable, and various informational services. PartnerFirst reserves the right to enhance, modify, or discontinue the Services, in whole or in part, at any time, for any reason, or for no reason at all, at PartnerFirst's sole discretion, with or without notice to Members, and with no obligation to Members.

C) Cancellation / Refund Policy

Live Training: You may cancel or reschedule a class eleven (11) or more business days prior to the class at no charge. If cancellation occurs ten (10) to six (6) business days prior to the class dates, you will incur a cancellation fee equal to 50% of the class price. You are responsible for paying 100% of the class price if you cancel five (5) business days or less prior to the class dates or do not attend the class. If you pay 100% of the class price, you can attend a future live course on a space-available basis on a future date at no extra charge as long as the same class is still being offered by PartnerFirst and the coursework has not been updated. You must contact PartnerFirst as soon as possible regarding your situation and make arrangements as soon as possible. Please note that cancellation fees will not be credited to any other classes. PartnerFirst reserves the right to cancel classes. In the unlikely event that your training course does not take place after your booking has been confirmed, we will make every effort to reschedule the course and you will be offered an alternative date to take the course. Payments for completed classes are non-refundable.

Online Training: Once access to course material had been granted after payment receipt the online training is non-refundable.

Monthly Membership Fees: Partial refunds are given only in the case of a membership being cancelled within 10 days of billing in the current month. No refunds will be given for past months memberships.

D) Member Conduct

Use of the Services by you, as Member, is subject to all applicable local, state, national and international laws and regulations. PartnerFirst reserves the right, but does not assume any obligation, to monitor the Services to enforce this Agreement. Nor does PartnerFirst guarantee that any monitoring it does perform will be to the Member's satisfaction. Upon learning of any violation of this Agreement, PartnerFirst, at its sole discretion, may terminate your access to and use of the Services, require you to remedy such violation, and/or take any other actions that PartnerFirst deems appropriate to enforce its rights and pursue all available remedies. Without limitation, PartnerFirst reserves the right to terminate your access to and use of the Services if, in our view, your conduct fails to meet any of the following guidelines:

1.     Members shall not list the email addresses of people unknown to them.

2.     Members shall not enter a postal mailing address which is fictitious, invalid, or any address other than an address where that user actually receives US postal mail.

3.     Members shall not attempt to interfere with any other person's use of the Services.

4.     Members shall not misrepresent their identity or impersonate any person.

5.     Members shall not hold themselves out as sponsored by, endorsed by, or affiliated with the PartnerFirst website.

6.     Members shall not use any portion of the PartnerFirst website or the Services for uploading, posting, emailing, transmitting or otherwise making available junk mail, commercial advertisements, or any other form of commercial solicitation.

7.     Members shall not use any portion of the PartnerFirst website or the Services for uploading, posting, emailing, transmitting or otherwise making available content, including user names, that is harmful, threatening, abusive, vulgar, obscene, profane, defamatory, libelous, hateful, or racially, ethnically or otherwise objectionable.

8.     Members shall not use any portion of the PartnerFirst website or the Services for uploading, posting, emailing, transmitting or otherwise making available messages that are harmful to minors in any way.

9.     Members shall not upload photos, graphics or other content that contain or promote illegal substances or activities, including, but not limited to, underage drinking or smoking, substance abuse, weapon use, or gang affiliation.

10.   Members shall not post content that displays pornographic or sexually explicit material of any kind.

11.   Members shall not provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses.

12.   Members shall not attempt to gain unauthorized access to PartnerFirst's database or other computer systems.

13.   Members shall not attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by PartnerFirst in connection with the PartnerFirst website or the Services.

14.   Members shall not engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Services or the PartnerFirst website.

15.   Members shall not use any portion of the PartnerFirst website or the Services for any unlawful purpose.

All judgments concerning the applicability of these guidelines shall be at the sole and exclusive discretion of PartnerFirst. PartnerFirst will remove the offending material and alert the member against repeating the offense. If another direct violation of our Terms of Agreement or Services is committed, a member's account will be fully terminated. A member is not necessarily offered a warning. An account may be terminated at any time, without notice, depending on the severity of the offense.

E) Privacy

PartnerFirst has established a Privacy Policy to explain to Members how their information is collected and used, which Member can read by clicking http://members.partnerfirst.org/privacy-statement. Member's use of the PartnerFirst website or the Services signifies acknowledgment of and agreement to PartnerFirst's Privacy Policy. Members further acknowledge and agree that PartnerFirst may disclose Member's personal information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, enforce this Agreement, or to protect the rights, property, or personal safety of PartnerFirst, its employees, users and third parties, and the public, or as otherwise described in the Privacy Policy.

F) Notice Regarding Commercial Email

MEMBERS CONSENT TO RECEIVE COMMERCIAL E-MAIL MESSAGES FROM PARTNERFIRST, AND ACKNOWLEDGE AND AGREE THAT THEIR EMAIL ADDRESSES AND OTHER PERSONAL INFORMATION MAY BE USED BY PARTNERFIRST FOR THE PURPOSE OF INITIATING COMMERCIAL E-MAIL MESSAGES.

G) Member Account and Password

Once Member registers for PartnerFirst, Member will have a password and an account with PartnerFirst. Member is responsible for maintaining the confidentiality of Member's password and account. Furthermore, Member is entirely responsible for any and all activities that occur under Member's account. Member agrees to immediately notify PartnerFirst of any unauthorized use of Member's account or any other breach of security known to Member.

H) Membership Option

If you choose to become a PartnerFirst member, you will be able to elect to have your membership automatically renewed on a monthly basis by enrolling in the auto-renew program through our partnership with PayPal. If, at any point, you wish to discontinue your auto-renew program, you must visit http://members.partnerfirst.org/my-profile and select 'CANCEL' at least 3 days prior to your next schedule automatic payment so that we can process your cancellation properly.

I) Copyrights, Trademarks, Patents and Intellectual Property Rights

Member acknowledges that messages, files or other materials ("Content") contained on the PartnerFirst website and within PartnerFirst email messages and third party advertisements on the website and distributed via email, of a commercial nature and presented to Member by PartnerFirst and the Services, are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Member is permitted to use PartnerFirst Content or third party Content only as expressly authorized by PartnerFirst or the third party advertiser or partner. Member may not copy, reproduce, distribute, or create derivative works from the PartnerFirst Content or third party Content without expressly being authorized to do so by PartnerFirst or the third party advertiser/partner. Member may make a copy of the PartnerFirst Content or third party Content for Member's personal, noncommercial use only, provided that Member keeps all copyright or other proprietary notices intact. Although PartnerFirst does not claim ownership of content that its Member's may provide to PartnerFirst, by providing content to PartnerFirst, Members automatically grant, and represent and warrant that they have the right to grant, to PartnerFirst a worldwide, irrevocable, perpetual, non-exclusive, and fully sublicenseable, license to use, copy, perform, display, and distribute said content.

PartnerFirst respects copyright law and expects Members to do the same. Illegal or unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders' rights. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify PartnerFirst's legal agent for Notice of claims of copyright or other intellectual property infringement ("Agent"), at:

legal@PartnerFirst.org

Please provide our Agent with the following Notice:

1.     Identify the copyrighted work or other intellectual property that you claim has been infringed;

2.     Identify the material on PartnerFirst that you claim is infringing, with enough detail so that we may locate it on the website;

3.     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;

4.     A statement by you declaring under penalty of perjury that (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;

5.     Your address, telephone number, and email address; and

6.     Your physical or electronic signature.

PartnerFirst's Agent will forward this information to the alleged infringer. It is PartnerFirst's policy to have the option of terminating the accounts of infringers.

J) Disputes

The Agreement shall be governed by, and construed in accordance with, the laws of the State of California, without regard to its conflict of law provisions. You and PartnerFirst agree to submit to the exclusive jurisdiction of the courts located within Orange County, California to resolve any dispute arising out of the Agreement or the PartnerFirst Services. If there is a dispute between participants on this site, or any third party, PartnerFirst is under no obligation to become involved. In the event that Member has a dispute with one or more members, Member hereby releases PartnerFirst, their officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If Member is a California resident, Member waives California Civil Code Section 1542, which says "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.

K) Termination

Either party may terminate use of the PartnerFirst website or the Services with or without cause at any time and effective immediately upon written notice to the other party. PartnerFirst may terminate with or without cause at any time and effective immediately, at PartnerFirst's sole discretion, including but not limited to Member's failure to conform with these terms and conditions of the Agreement. PartnerFirst shall not be liable to Member or any third party for termination of use of PartnerFirst or the Services. Member's right to use PartnerFirst or the Services shall cease immediately. Member shall have no right and PartnerFirst will have no obligation thereafter to forward any unread or unsent messages to Member or any third party. Sections G-N shall survive termination of the Agreement.

L) DISCLAIMERS OF WARRANTIES

MEMBER AGREES THAT USE OF THE PARTNERFIRST WEBSITE AND THE SERVICES IS ENTIRELY AT MEMBER'S OWN RISK. THE PARTNERFIRST WEBSITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, PARTNERFIRST DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE PARTNERFIRST WEBSITE AND THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, PARTNERFIRST DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PARTNERFIRST WEBSITE OR THE SERVICES ACCESSED THROUGH ANY LINKS ON THE PARTNERFIRST WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, PARTNERFIRST DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE PARTNERFIRST WEBSITE OR THE SERVICES. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

M) LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL PARTNERFIRST BE LIABLE ON ACCOUNT OF MEMBER'S USE OR MISUSE OF THE PARTNERFIRST WEBSITE OR THE SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE PARTNERFIRST WEBSITE OR THE SERVICES, FROM INABILITY TO USE THE PARTNERFIRST WEBSITE OR THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE PARTNERFIRST WEBSITE OR THE SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PARTNERFIRST WEBSITE OR THE SERVICES OR ANY LINKS ON THE PARTNERFIRST WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PARTNERFIRST WEBSITE OR THE SERVICES OR ANY LINKS ON THE PARTNERFIRST WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdiction, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.

N) Indemnification

Member agrees to indemnify and hold PartnerFirst, its subsidiaries, affiliates, successors, assigns, directors, officers, agents, employees, service providers, and suppliers harmless from any dispute which may arise from a breach of terms of this Agreement. Member agrees to hold PartnerFirst harmless from any claims and expenses, including reasonable attorney's fees and court costs, related to Member's violation of this Agreement.

O) Governing Law

This Agreement and the relationship between Member and PartnerFirst shall be governed by the laws of the State of California without regard to its conflict of law provisions. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. Member agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of PartnerFirst, the Services or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. PartnerFirst makes no representation that materials on this web site are appropriate or available for use in other locations, and accessing them from territories where its contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with applicable laws.

P) Agreement

The Agreement constitutes the entire agreement between Member and PartnerFirst and governs your use of PartnerFirst and the Services, superseding any prior agreements between Member and PartnerFirst. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The failure of PartnerFirst to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. The section titles in the Agreement are for convenience only and have no legal or contractual effect.

Contacting PartnerFirst

Users with questions about this Terms of Service and any of the aforementioned statements may contact PartnerFirst at PartnerFirst, 400 East Rincon Street, 2nd Floor, Corona, CA 92879. (951) 547-7800.