TERMS OF USE
Updated 15 Aug 2023
Peltier Media, LLC (dba Peltier Photo Courses) maintains this website (peltierphotocourses.com, the “Site”) for the use of its customers, vendors, students, and other Site users (the “Users”), and provides Users various materials, information, tests, articles, and videos (the “Materials”), upon agreement to the following terms. References to “we,” “us,” and “our” refer to Peltier Photo Courses. References to “you” and “your” refer to the Users.
Please read the terms carefully before using the Site. Use of the Site indicates acceptance of these “Terms of Use” and forms a binding agreement between you and Peltier Photo Courses.
Any breach of these Terms of Use automatically terminates your authorized use of the Site and without refund for payments made to access any of the Site or Materials.
Updates to Terms of Use
We reserve the right to change or modify these terms as necessary. While we will do our best to notify you of major and urgent changes via email, it is your responsibility to periodically review these Terms of Use for changes. Your continued use of this Site constitutes your agreement of these changes.
If you do not agree to these terms, do not use this Site.
1. Your Use of Site
1.1 Account Registration
Users must create an account with us to access Materials on the Site, which include Paid Courses, Free Courses, Free Previews, and Membership Subscriptions. You agree to provide current and correct information where prompted, including a valid email address, so that we may in turn provide the best service possible to you. It is your responsibility to maintain and update this information as necessary, which can be modified in the “My Account” link. We are not responsible for any miscommunication or damages as a result of the User providing an invalid email address. Use of registration information provided by you is governed by our Privacy Policy.
You may not transfer or share your login information with another User.
We reserve the right to prohibit, limit, and void all accounts and orders that, in our sole discretion, appear to be dealers, resellers, distributors, or otherwise fraudulent transactions.
1.2 License & Copyright
Peltier Photo Courses grants each User a limited, non-transferable, non-sub-licensable, non-exclusive, revocable license for personal and non-commercial use of the Materials. Materials may be downloaded where indicated and a maximum of one copy of the Materials may be printed provided that Users make no modifications to the Materials and you retain all copyright and other proprietary notices contained in the original Materials and on any copies of the Materials.
Users may not modify the Materials at this Site in any way or reproduce, share, or distribute them. Users will keep all Materials confidential, and will not sell, auction, loan, rent, give away, describe, summarize, or otherwise reveal the Materials or their contents, to any other person or entity.
Peltier Photo Courses and certain other brands, trademarks, and service marks are marks of Peltier Media, LLC. The Materials on this Site are copyrighted, and any unauthorized use of any Materials on this Site may violate copyright, trademark, and other laws.
1.3 Third-Party Hyperlinks
Links to external websites are provided solely as a convenience to you. Peltier Photo Courses makes every attempt to thoroughly review the content at these external websites before sharing, but does not control and is not responsible for any of these sites or their content.
If you decide to access any of the external websites linked from this Site, you do so entirely at your own risk.
2. Services
2.1 General
Product descriptions and pricing may change without notice at our discretion. Changes to subscription pricing will not affect a User with a current, active subscription. We also reserve the right to discontinue any product at any time.
2.2 Fees & Taxes
All fees are in U.S. Dollars and will be paid in U.S. Dollars. Taxes may be collected depending on the User residence provided during registration, as required by U.S. and Canadian law, so that we may remit them to the proper tax authorities. You agree to pay all fees & taxes incurred by use of the Site and authorize us and third-party payment processors to collect such fees using the payment method you provided to us.
Multiple discounts may not be combined when purchasing a Course or Subscription.
2.3 Free Access
We may offer free courses, free course previews, and free subscription trial periods and other free live events at our discretion. Access to these free Materials is governed by these Terms of Use except where indicated.
We reserve the right to terminate access to free courses, free previews, and free subscription trial periods at any time and without notice in order to prevent abuse. Free Materials are provided as-is and without warranty and with limited technical support. After a free access period expires, Materials may only be accessed by purchasing the course or subscription.
Free trials for subscriptions may be canceled during the free trial period without financial obligation. If you do not cancel during the free trial period, you will be billed via the payment method provided at checkout, on the date indicated at checkout.
2.4 Subscriptions
You may purchase a subscription that gives you access to the Materials contained in the subscription during the term of the subscription you choose, either monthly or annually (the "Subscription Period").
Renewals
Monthly and Annual subscriptions begin when we receive your initial payment and will automatically renew each Subscription Period and without notice until you cancel. You authorize us to store your payment information and to automatically charge you each Subscription Period until you cancel. It is your responsibility to maintain current and correct payment information, which you may update in the “My Account” link.
Cancellations
You may cancel your subscription under the “My Account” link or by notifying us in writing. When you initiate a cancellation, access to the Materials will expire at the end of the current Subscription Period.
Termination
If we are unable to process your provided payment method or we receive notification of a chargeback initiated by you, we may terminate your subscription and all access to the Material immediately.
Fee Changes
Any subscription fee changes will not affect users with a current, active subscription. If a User cancels their subscription and then re-subscribes at a later date, it will be with the new fee.
Disclaimer
While we make every effort to offer new Materials to our subscribers every month, including new lessons, courses, live webinars, and community features, we can make no guarantee as to the minimum amount of Materials. During your Subscription Period, we reserve the right to both offer new features and cease existing features and Materials, and modify or terminate a subscription plan, at our sole discretion. While we truly hope it does not come to a cessation or termination of any plans or features, that is the nature of business and we can make no guarantees.
3. Refund Policy
Your learning experience will be largely based on what you put in to the course. Please consider that we offer videos, text, downloads, quizzes, assignments, and a community for the most well-rounded learning experience possible. We encourage you to complete all modules in full and in order as they were designed. If, however, you are still not satisfied with any paid course, you may request a refund in accordance with the policies outlined below. You may request a refund by contacting our support team in writing.
Any abuse of these refund policies, such as repeatedly purchasing and then requesting a refund for the same course, or attempting to access all course Materials prior to requesting a refund, will, at our sole discretion, result in a denial of your refund request and possible restrictions from further use of the Site. Refunds will also not be issued for any User who, at our sole discretion, has violated any section of these Terms of Use.
3.1 One-Time Payments
We will issue a 100% refund for a full course or bundle purchase if 1) less than 30 days have elapsed since purchasing that course or bundle, and 2) you have accessed 50% or less of the course or bundle you seek the refund for. “Accessed” is defined as opening any course lesson module on a desktop browser, mobile browser, and/or mobile app, regardless of how much of that lesson module you have watched or read.
Course access will be terminated when the refund is processed.
3.2 Subscriptions
A User may request a refund for the current Subscription Period if, for example, they meant to cancel their subscription but did not do so before the automatic renewal. Subscription refunds may be issued for the current Subscription Period only if no Materials were accessed during that period. The subscription and access to Materials will be immediately terminated when the refund is processed.
Partial refunds are not issued for partially-used Subscription Periods in which Materials were accessed.
Refunds will not be issued for any past Subscription Periods in which the User did not access Materials.
3.3 FAA Part 107 Remote Pilot Test Failure Guarantee
FAA Part 107 Remote Pilot Test failure refunds will only be issued if 1) the User has completed 100% of the FAA Part 107 Test Prep Course (a Graduation Certificate has been issued) before their PSI test date and the User provides 2) an electronic copy of their certified testing center score sheet indicating a failure and 3) receipt for the test center fee. Once those conditions are met the User will be refunded their payment for the test prep course and the testing center fee. Subsequent failures will not be refunded.
EXCEPTION: Users enrolled under Student pricing are not eligible for testing failure refunds of either the test prep course or the testing center fee.
4. Disclaimer of Warranty and Limitation of Liability
4.1 Warranty
We cannot guarantee uninterrupted, timely, error-free, speedy access to the Materials due to factors out of our control, such as Internet operability or status of third-party servers. The Materials provided at this Site are provided “as is” and “as available” without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Peltier Photo Courses further does not warrant the accuracy and completeness of the Materials at this Site, though every attempt is made to do so.
4.2 Limitation of Liability
In no event will Peltier Photo Courses, its suppliers, or other third parties mentioned at this Site be liable for any damages whatsoever, either direct, indirect, incidental, special, consequential, or exemplary, including lost revenue, lost savings, loss of data, replacement or repair costs, or any similar damages, arising out of the use, inability to use, or the results of the use of this Site, any websites liked to this Site, or the Materials or information contained in these sites. The laws of some states and jurisdictions do not allow the exclusion of warranty or the limitation of liability, so some of this may not apply to you.
5. Indemnification
You agree to indemnify, defend and hold harmless Peltier Photo Courses and our parent, subsidiaries, affiliates, partners, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this Site, breach of these Terms of Use, or your violation of any law or the rights of a third party. Your indemnification responsibility survives your termination of use of the Site.
6. Termination
You agree that we may at any time, at our sole discretion, terminate and restrict your access to the Site and/or remove all of your data for any reason, such as violations of the letter or the spirit of these Terms of Use.
You also agree that we may delete your account and all data if you have not accessed the Site for more than one year and have not made any purchases on the Site.
Any fraudulent, illegal, or abusive behavior may be grounds for termination and referral to the proper law enforcement authorities.
We may at any time discontinue the Site or any portion thereof, with or without notice to you. You agree that Peltier Photo Courses will not be liable to you or any other third party for termination of access to the Materials.
7. Applicable Law
The Terms of Use are governed by the laws of the United States. Failure to enforce strict performance of the Terms of Use shall not be construed as a waiver of any provision or right. Peltier Photo Courses may assign its rights and duties under the Terms of Use without notice to any party at any time.
QUESTIONS AND CONTACT INFORMATION
If you have any questions about these Terms of Use, please contact us at [email protected].