Terms and Conditions
For correspondence by mail, please write to our corporate address:
Titanium Cobra Solutions, LLC
C/O Operation Department
3990 Old Town Ave, Suite B-210
San Diego, CA 92110
In addition to the terms defined throughout these Terms and Conditions, the terms "you", "your" and "yours" refer to the user, customer or purchaser utilizing this Site to obtain Services. The terms "we", "us" and "our" refer to Titanium Cobra Solutions.
2. Changes to Terms and Conditions
Titanium Cobra Solutions reserves the right, at any time, to modify, add to, delete from, alter, or update these Terms and Conditions ("Changes"), and you agree to be bound by such Changes as are in effect at the time you use the site and/or enroll in a course. Changes shall be effective immediately upon publication thereof, which may be made by posting on this Site, or by electronic or conventional mail. Your use of this Site following any Changes constitutes your agreement to follow and be bound by these Terms and Conditions as published when you use the Site and/or enroll in a course.
3. Permitted and Prohibited Uses
This Site is intended for the lawful use of members of the general public who are over the age of 18 years. Subject to these Terms and Conditions, Titanium Cobra Solutions grants you a non-exclusive, non-transferable, limited right to access, use and view this Site and the information thereon, including without limitation, all text, design, graphics, drawings, photographs, video clips, music and sounds, and all trademarks, service marks and trade names used at this Site and the selection and arrangements thereof (collectively, the "Content"), solely for your own personal use, provided, however, that you may not, nor may you allow others to, directly or indirectly: use, sell, license, rent, reproduce, modify or attempt to modify or create derivative works from the Content in any way or reproduce or publicly display, perform, transmit or distribute or otherwise use the Content for any public or commercial purpose, including without limitation use of the Content on any other website or in any environment of networked computers; transfer the Content to any other person without the prior written explicit consent of Titanium Cobra Solutions; use this Site in any manner that could damage, disable, overburden or impair this Site; upload, post or otherwise transmit or distribute on this Site any items, including without limitation computer viruses, Trojan horses, worms, backdoor, shutdown mechanism or other harmful, disruptive or destructive files or computer programs; interfere with the security of, or otherwise abuse, this Site or any Services, system resources, accounts, servers or networks connected to or accessible through this Site or associated or linked sites; infringe on any patent, trade-mark, trade secret, copyright, right of publicity, or other proprietary right of any person, or impersonate any person or entity; disrupt or interfere with any other person's use or enjoyment of this Site or associated or linked sites; use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Site or the Content in whole or in part; use or attempt to use another's account, password, service, system or other information without prior written authorization from Titanium Cobra Solutions, or create or use a false identity on this Site; transmit on, to or from this Site spam, chain letters, junk mail or any other type of unsolicited mass e-mail; upload to, distribute to, or otherwise disseminate through this Site any material or information of any kind that is threatening, harassing, libelous, defamatory, obscene, pornographic, fraudulent, deceptive, abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity, or contains a solicitation of funds, advertising, or a solicitation for goods or services; or attempt to obtain unauthorized access to this Site or portions of this Site which are restricted from general access. You also agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of this Site, and that you will comply with all laws that apply or may apply to your use of or activities on this Site or in respect of the Content.
4. Copyright and Trademarks
Unless otherwise noted, all Content is subject to intellectual property rights including copyrights and trademarks held or licensed by Titanium Cobra Solutions. You may print or download one copy of the Content on this Site on a single computer for your personal, noncommercial use, provided you keep intact all copyright and other proprietary notices. Any other reproduction or use without express prior written permission from Titanium Cobra Solutions, or Titanium Cobra Solutions content providers as the case may be, is strictly prohibited. Except as expressly provided herein, no license to use or reproduce the Content is given to you and all intellectual property rights therein are expressly reserved. Systematic retrieval of data or other Content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory without express prior written permission from Titanium Cobra Solutions is prohibited.
5. Business-to-Business Training Provider (applicable to California courses only)
Titanium Cobra Solutions is a business-to-business training provider and provides instructional services only to individuals who are sponsored by an employer which pays for or plans and carries out a project or activity (each employer being a "Sponsor"). Titanium Cobra Solutions does not permit individual members of the public to directly register for Titanium Cobra Solutions instructional services, except in cases where the individual enrollee is being sponsored by a Sponsor. By registering for Titanium Cobra Solutions’ instructional services, you represent and warrant that: 1) you have permission from your Sponsor to receive instructional services from Titanium Cobra Solutions; 2) you are an employee of a Sponsor which pays for the instructional services provided to you; and 3) you agree to furnish to Titanium Cobra Solutions any additional documentation necessary to verify your eligibility to receive the instructional services or to verify your compliance with the terms and conditions of this Purchase Agreement. In the event that Titanium Cobra Solutions determines that you are not eligible to enroll in the instructional services, Titanium Cobra Solutions may, in its sole and absolute discretion, reject your enrollment and terminate your license for all instructional materials. For more information, please contact us at 1-855-842-8663.
6. Links and Third-Party Websites
Titanium Cobra Solutions provides to you, on this Site, links to Third Party Websites operated by other entities. These Third-Party Websites will typically be identifiable through a change to the URL in your Web browser, though the Site does occasionally contain content from Third Party Websites within the www.titaniumcobra.com URL. You agree that this Site provides no dialogue box or other clear demarcation indicator when you leave this Site and enter a Third-Party Website. Links to Third Party Websites do not constitute an endorsement, sponsorship or recommendation by Titanium Cobra Solutions of the Third-Party Websites, the entities themselves or of any content, services or products available on or through such Third-Party Websites. If you use these Third-Party Websites, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. Links do not imply that Titanium Cobra Solutions or this Site is affiliated or associated with, or is legally authorized to use any trade-mark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any Third-Party Website is authorized to use any trademark, trade name, logo or copyright symbol of Titanium Cobra Solutions. Third Party Websites may create other contractual obligations between you and the third-party entity in addition to these Terms and Conditions.
This Site will from time to time contain materials, data or information provided, posted or offered by third parties, including but not limited to advertisements. You agree that Titanium Cobra Solutions shall not have any liability whatsoever to you for any such third-party material, data or information.
7. Submission of Information
Although Titanium Cobra Solutions provides certain security in an effort to protect the electronic transmission of certain information that you submit to Titanium Cobra Solutions through this Site, Titanium Cobra Solutions does not guarantee the security of any information transmitted to or from this Site, including to or from any Third-Party Websites linked to this Site. Submission of any financial (e.g. credit card) or other information to this Site or to any Third-Party Websites linked to this Site is entirely at your own risk and responsibility. Do not send any confidential or proprietary information to Titanium Cobra Solutions through this Site. Except for personal information about you, including financial/credit card information, any information you do send to Titanium Cobra Solutions through this Site will be deemed NOT to be confidential ("Non-Confidential Information").
All content and services provided on or through this site are provided "as is" and "as available" for your use. The content is provided without warranties or conditions of any kind, either express or implied, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose or non-infringement. Titanium Cobra Solutions, their affiliates and related entities, nor any of their respective employees, agents, third party content providers or licensors warrant that the content is accurate, reliable or correct; that this site will be available at any particular time or location; that any defects or errors will be corrected or that the content is free of viruses or other harmful components. Your use of this site is solely at your risk.
Under no circumstances does Titanium Cobra Solutions or its affiliates, guarantee or provide warranty to the student’s eligibility to sit for the PMP Exam. The project management institute at its sole discretion makes such eligibility decisions. Since eligibility decisions are made by a third party, Titanium Cobra Solutions makes no guarantees as to the student’s experience or educational prerequisites to qualify for the PMP Exam. Students shall be responsible for ensuring they meet all of the requirements to sit for the PMP Exam and shall in no case hold the Titanium Cobra Solutions, nor its affiliates responsible and shall have no recourse if denied permission to sit for the PMP Exam. Because some jurisdictions do not permit the exclusion of certain warranties, those exclusions may not apply to you.
9. Limit of Liability
In no event shall Titanium Cobra Solutions, or their respective directors, officers, partners, employees, representatives, contractors, affiliates, successors or assigns be liable to you for your accessing of this site or under or related to this agreement for any indirect, special, punitive, incidental, reliance, exemplary or consequential damages, loss of profits, loss of expected savings, or any other non-direct damages howsoever caused whether or not Titanium Cobra Solutions has been advised of the possibility of such damages, and their collective maximum liability to you under or related to this agreement shall in no event exceed the cost of the course. The limitations of liability and disclaimers in this agreement shall apply regardless of the form of action, whether in contract, warranty, strict liability, negligence or other tort and shall survive a fundamental breach or breaches or the failure of the essential purpose of contract or the failure of an exclusive remedy. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, Titanium Cobra Solutions liability in such jurisdictions shall be limited to the extent permitted by law.
You agree to defend, indemnify and hold harmless Titanium Cobra Solutions, and their respective directors, officers, partners, employees, representatives, contractors, affiliates, successors or assigns, including all third parties mentioned at this Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of this Site and the Content or your breach of these Terms and Conditions or in connection with your use of the Services.
11. Governing Law and Venue
These Terms and Conditions shall be construed in accordance with the laws of the State of California without giving effect to its conflict of law’s provisions. You agree to submit to the exclusive jurisdiction of the state courts located in San Diego, California, and the federal courts located in the Southern District of California, with respect to disputes hereunder.