Terms of Service
Website Terms of Service for www.convergentperformance.com
This agreement is in effect as of 01 January 2022.
We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
Responsible Use and Conduct
By visiting our website and accessing the information, resources, services, products, eLearning, live or recorded events, and any other tools we provide for you, either directly or indirectly (hereafter referred to as 'Resources'), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
Further, you agree and understand as follows:
- In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date. You are responsible for maintaining the accuracy of any information used for the distribution of products or services you purchase or request through our website.
- You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
- Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
- Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
- Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited. Any information presented on our website is and should be considered proprietary information and data of Convergent Performance. Such information and data shall not be used, copied, stored, disseminated, or transmitted without our express written consent.
- You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
- We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. Further, you assume the risks associated with using such tools, including the risk of dissemination of your confidential and proprietary information. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
- Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
- Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
- Contains any type of unauthorized or unsolicited advertising;
- Impersonates any person or entity, including any www.convergentperformance.com employees or representatives.
- We have the right, but not the obligation, at our sole discretion to remove any content that we feel does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
- You agree to defend, indemnify and hold harmless Convergent Performance, LLC and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, claims, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
Password Use and Security
By entering into this Agreement, You acknowledge that the Resources ares for Your exclusive use only. Use or sharing of Your Username and Password by another user is not permitted and is cause for immediate termination of this Agreement without notice to You.
You are solely responsible for maintaining the confidentiality of Your Username and Password and for all activities that occur under Your Username and Password. You agree to immediately notify us if You become aware of or have reason to believe that there is any unauthorized use of Your account or any other breach of security. You also agree to take all reasonable steps to stop such unauthorized use and to cooperate with Convergent in any investigation of such unauthorized uses or of infringements of Convergent’s intellectual property rights in the Resources. NAFSA shall have the sole right, at its expense, to bring any action on account of such infringements or unauthorized uses. Convergent is in no way liable for any claims related to the use or misuse of Your Username and Password due to the activities of any third party outside of our control or due to Your failure to maintain their confidentiality and security.
Use of eLearning Courses and Live Events
Convergent grants to its registered users a non-transferable, non-exclusive, and revocable license to the Participant to use the Resources for the registration term specific to each program type as stated in the program descriptions from date of purchase according to the terms and conditions set forth in this Agreement. Training is solely for Participant’s personal, noncommercial use; you may not use the Training in any way in exchange for monetary consideration. Individuals other than the Participant may not access or view this electronic file or use supporting materials, whether electronically or in print. The Participant is permitted online access to the Resources, which may include items to download, save, and print. Resources are solely for the personal use of the Participant or Company that has authorized access to these Resources. You may not copy/disseminate any portion of the Resources through electronic means, including emails lists or bulletin boards, without the prior consent of Convergent.
The Participant may only use this online access in a way that conforms to all applicable laws and regulations. Except as expressly granted by this Agreement, You acquire no right, title or license in the Resources or the content or other data or materials incorporated in the Resources and may not sublicense, sell, or resell the whole or any part of the Training or its contents. Except as expressly granted by this Agreement, You may not reproduce, transmit, distribute, or use the Resources or the content or other data or materials incorporated in the Resources without Convergent’s permission. You may not commingle any portion of the Resources with any other information and shall not edit, modify, or alter any portion. For permission to copy beyond what is expressly provided herein, and/or to reprint articles or any other content offered via the Resources, contact Convergent.
Any violation of this Agreement or abuse of the policies of the Training will result in the immediate and permanent cessation of access to all Convergent services and of your license to use the Resources and will be pursued to the fullest extent permitted under all applicable laws, treaties, and conventions.
Convergent eLearning Programs are copyrighted © 2022 Convergent Performance, LLC, and published in the United States of America. All rights reserved. While Convergent grants You the nonexclusive and limited right to use the Resources as set forth in this Agreement, You acknowledge that Convergent is the sole and exclusive owner of the entire copyright and other proprietary rights in and to the Resources and in and to the content and other data and materials incorporated in the Resources. All uses of the Resources are subject to Convergent’s copyright and other intellectual property rights.
Limitation of Warranties
By using our website, you understand and agree that all Resources we provide are "as is" and "as available". This means that we do not represent or warrant to you that:
- the use of our Resources will meet your needs or requirements.
- the use of our Resources will be uninterrupted, timely, secure or free from errors.
- the information obtained by using our Resources will be accurate or reliable, and
- any defects in the operation or functionality of any Resources we provide will be repaired or corrected.
Furthermore, you understand and agree that:
- any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
- no information or advice, whether expressed, implied, oral or written, obtained by you from Convergent Performance, LLC or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
Limitation of Liability
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. Convergent Performance, LLC will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime, to the full extent that applicable limitation of liability laws apply.
All content and materials available on www.convergentperformance.com, including but not limited to text, graphics, website name, code, images, and logos are the intellectual property of Convergent Performance, LLC, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Convergent Performance, LLC.
Termination of Use
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent, or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
This website is controlled by Convergent Performance, LLC from our offices located in the state of Colorado, United States. It can be accessed by most countries around the world. As each country has laws that may differ from those of Colorado, by accessing our website, you agree that the statutes and laws of Colorado, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.
Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in United States, Colorado. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
UNLESS OTHERWISE EXPRESSED, CONVERGENT PERFORMANCE, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
If you have any questions or comments about these our Terms of Service as outlined above, you can contact us:
Convergent Performance, LLC
7150 Campus Dr. Suite 275
Colorado Springs, Colorado 80920