Shipping & Return Policies
Reseller Terms of Sale
- Product Sales
- 9910 Research Drive
- Irvine, CA 92618
- 714.685.1730 Office
- 714.685.1734 Fax
Shipping and Handling Method
United States: UPS Ground + $5.00 shipping fee
International: International Orders cannot be processed online. Please contact our office at 714.685.1730.
New books may be returned within 30 days of delivery for a full refund. Items should be returned in their original packaging. We will pay for the return shipping only if the return is a result of our error. Partial refunds will be issued for the following reasons:
- Any item that has obvious signs of use
- Most items that are returned more than 30 days after delivery*
- Any item not returned in the condition it was received
*handled on a case by case basis
Partial refunds are based upon the following:
- Any book that has obvious signs of use: 40% of item's price.
- Any item that is not in its original condition, is damaged, or is missing parts for reasons not due to our error will not be issued a refund.
- Any item in original condition that is returned more than 30 days after delivery: 40% of item's price.
If ordering by purchase order:
- Provide a purchase order number and e-mail purchase order to firstname.lastname@example.org or fax to 714.685.1734.
- Provide company name, address, accounts payable and purchasing contact information.
- Shipping Address if not the same as billing address.
- Email address is required.
If ordering by credit card, please provide the following, the following fields are required:
- Name on the card
- Company name
- Billing Address
- Credit card number
- Expiration date
- Email address and phone number
- Domestic Credit card orders can be completed online or by contacting our office at 714.685.1730
Contact our office for international orders.
Quantity Discounts for Books and Electronic Products *
- 10% on 10-19 items purchased
- 20% on 20-29 items purchased
- 30% on 30+ items purchased
* Discounts are not available for the following products:
- Pocket Guide to Project Management using an Earned Value Management System
- Earned Value Quarterly Digest
- Credit Card: MasterCard, VISA, American Express, and Discover Card Domestic Orders Only
- Purchase Order* - net 30
- Check - net 30
* Purchase orders can only be used when ordering 10 or more products.
Subscription and License Agreement for Online Learning Products
Humphreys & Associates, Inc.
IMPORTANT NOTICE -- READ THIS BEFORE ACCESSING, USING AND/OR DISPLAYING
Your access to HUMPHREYS & ASSOCIATES' eLearning materials ("Materials") is subject to the terms of the Agreement below. To complete the registration and gain access to the Materials, read the Agreement. If you agree with the terms of the Agreement, click on "Accept and Continue" below. If you do not agree with the terms of the Agreement do not click on "Accept and Continue" and you will not be provided access to the Materials. By clicking on the "Accept and Continue"button, you are agreeing to be legally bound by all of the terms and conditions of this Agreement.
This Subscription and License Agreement (this "Agreement") is entered into as of today (the "Effective Date") by and between you ("Customer" or "You") and Humphreys & Associates, Inc. ("H&A")
1. Term. This Agreement shall commence on the Effective Date, and, unless earlier terminated, as provided herein, shall continue for one calendar year ( "Term").
2. Licensed Materials. The materials that are the subject of this Agreement shall consist of those materials that are included in eLearning products and/or package selected by Customer , during the online ordering process ("Licensed Materials") and delivered on the eLearning Platform at: https://icontentlearning.plateau.com/plateau/user/portal.do?siteID=HUMPHREYS ("eLearning Platform").
3. Fee. The fee for the Licensed Material shall be the price associated with the eLearning products and/or package selected by Customer during the online ordering process. ("Fee").
4. Intellectual Property Rights.
4.1 H&A expressly reserves all rights not specifically granted to Customer under this Agreement.
4.2 H&A may use or license to any other party all rights to the Licensed Materials as H&A, in its sole discretion, deems appropriate.
4.3 Customer acknowledges that H&A is the sole and exclusive owner of the Licensed Materials and shall retain all right, title and interest to the Licensed Materials and any and all Intellectual Property Rights ("IPR"), herein defined as intellectual property and propriety rights pertaining to the Licensed Materials that are recognized in any country or jurisdiction, including without limitation data, copyrights, contract rights, trademarks and service marks, patent rights (including without limitation patent applications and disclosures), known-how, inventions and trade secret rights, and all improvements, and trade secret rights.
4.4 Customer shall take all action necessary to prevent the infringement of any IPR or proprietary rights of H&A in the Licensed Materials. Customer shall promptly notify H&A of any unauthorized use and actual or attempted infringement of H&A's IPR, proprietary rights, and/or the Licensed Materials, and shall take immediate steps to protect against any further infringement. In the event that, in H&A's sole discretion, H&A seeks to enforce its rights against a third party, Customer agrees to execute all requested papers, provide true and accurate information, testify on all matters, and otherwise cooperate in every way necessary and desirable for the prosecution of any such dispute.
5. License Grant. Subject to the terms and conditions of this Agreement, H&A as of the Effective Date, grants to Customer a limited, nonexclusive, non transferable license during the term of this Agreement and in compliance with the restrictions set forth in this Agreement to electronically display the Licensed Materials for the limited purpose of receiving and implementing In-House EVMS training, for use by Authorized Users only (the "License").
6. Authorized Users. Customer shall only allow the maximum number of authorized users selected and/or those authorized users identified by name by Customer according to H&A's registration procedures in effect on the Effective Date ("Authorized Users") to display the Licensed Materials. Each Authorized User will be assigned a unique user ID and password ("Unique ID and Password") and shall be restricted from access to the Licensed Materials without such Unique ID and Password. Only Customer's full time employees and independent contractors are eligible to be Authorized Users. Customer shall assume sole and complete responsibility and liability for all acts of its Authorized Users, including independent contractors, and shall ensure its Authorized Users are aware of and fully comply with the obligations of this Agreement. Customer shall, at H&A's option, indemnify and/or reimburse H&A for any and all costs, expenses, and damages, and reasonable attorney fees and costs incurred by H&A in connection with and/or arising out of any breach of this Agreement by Authorized Users, including but not limited to any attorneys fees and/or damages incurred in ensuring Authorized Users' full compliance with this Agreement.
7. Limitations on Use. Without limiting the generality of the foregoing, Customer shall not, itself or through any other party:
7.1 Use the Licensed Materials in conjunction with any purpose not specifically set forth above in this Agreement, including but not limited to the following, which are provided for illustration purposes only and not intended to be an exhaustive list:
7.2 Stream, download, email, share, and/or transmit the Licensed Material in any way without prior written consent of H&A;
7.3 Copy, transmit, publish, transfer, sell, lease, distribute, license or sublicense the Licensed Materials;
7.4 Use the Licensed Materials for commercial purposes, including without limitation, the sale, bulk distribution, bulk reproduction or fee-for-service use of the Licensed Materials in any form.
7.5 Decompile, disassemble or reverse engineer the Licensed Materials in whole or in part;
7.6 Knowingly permit anyone other than an Authorized User to view and/or have access to the Licensed Materials;
7.7 Modify or manipulate the Licensed Materials or create derivative works of the Licensed Materials, without prior written consent of H&A;
7.8 Remove, obscure or modify any copyrights or notices from the Licensed Materials;
7.9 Do, or cause to be done, anything in connection with and/or relating to the Licensed Material, that might adversely affect the proprietary rights, image or reputation of H&A, which detrimental actions shall be solely determined by H&A.
8. Consumer Support. H&A and/or its authorized agent(s) or vendor(s) will provide reasonable levels of consumer support to assist Customer and Authorized Users in displaying the Licensed Materials.
9. Subscription Fee and Payment. The subscription fee ("Fee") is set forth in Exhibit A and shall be paid in full prior to commencement of the subscription, unless otherwise agreed upon by the Parties in a signed written agreement.
10. Unique IDs and Passwords. Upon full payment, H&A shall promptly send to Customer, by email or by other agreed-upon means of communication, the unique ID and Password for each Authorized User. Customer agrees that each Unique ID and Password may only be used by the Authorized User to whom it is assigned and may not be shared with or used by any other person, including other Authorized User(s). Customer shall manage its roster of Authorized User(s) and shall promptly notify H&A via email and/or fax, regarding all requested changes to its roster of Authorized Users Additionally, Customers shall promptly notify H&A, via email and/or fax, to deactivate an Authorized User's Unique ID and Password if the Authorized User no longer works for Customer or Customer otherwise wishes to terminate the Authorized User's access to the Licensed Materials. Customer shall implement policies and procedures to prevent unauthorized use of Unique ID(s) and Password(s) and will immediately notify H&A in writing if it suspects that a Unique ID and Password is lost, stolen, compromised or misused.
11. Confidentiality and Non-Disclosure.
11.1 At all times during the Agreement and thereafter, Customer will hold in strictest confidence and will not disclose, use, lecture upon or publish any of the H&A's Proprietary Information (defined below), except as such disclosure, use or publication may be required in connection with this Agreement or, unless H&A expressly authorizes such through its prior written approval. The term "Proprietary Information" shall mean any and all confidential and/or proprietary knowledge, data or information of H&A. By way of illustration but not limitation, "Proprietary Information" may include: the Licensed Material (in whole or in part), trade secrets, customer lists, inventions, ideas, processes, data, programs, know-how, improvements, designs and techniques, trademarks, trade dress, copyrights and intellectual property rights throughout the world; plans for research, development, marketing, business plans, budgets and unpublished financial statements, contracts, prices and costs, suppliers and customers regardless of how Customer and/or its Authorized Users acquire such information
12.1 This Agreement may be terminated by mutual agreement in writing of the Parties.
12.2 H&A shall have the right to terminate this Agreement immediately on written notice to Customer: (i) upon a breach of a material provision of this Agreement by Customer; (ii) if Customer is unable to pay its obligations when due, makes any assignment for the benefit of creditors; or (iii) in the event of the sale, assignment or transfer of all or substantially all of the business, assets or property of Customer or other change in Customer's majority ownership which is unsuitable or unacceptable to H&A.
13. Effect of Termination. Upon the expiration or termination of this Agreement, all of the rights granted to Customer under this Agreement shall terminate and immediately revert to H&A, and Customer shall immediately discontinue all uses of the Licensed Materials, at no cost whatsoever to H&A. The Fee shall not be refunded, in whole or in part, to Customer, upon expiration or termination of this Agreement, regardless of when termination occurs. Neither Customer, including its Authorized Users, nor Customer's successors shall have any right whatsoever after the effective date of termination or expiration to use the Licensed Materials.
14. LIMITED WARRANTY. H&A warrants that it will use commercially reasonable efforts to provide support services to Customer, including its Authorized Users, in accordance with generally accepted industry standards in connection with Customers display of the Licensed Material. This limited warranty extends only to Customer as the original licensee. This limited warranty does not apply to the eLearning Platform, which is provided "as-is" "with all faults" and "as available." H&A and its affiliates, resellers, distributors and vendors give no express warranties, guarantees or conditions regarding the eLearning Platform. The limited warranty provided herein regarding the Licensed Material does not apply if Customer (a) has altered or attempt to alter the Licensed Material, (b) has not accessed and/or attempted to access the Licensed Material in accordance with instructions supplied by H&A and/or its vendors, (c) does not have the required computer specifications, including but not limited to, the necessary processing speed, bandwidth, and/or memory to access and/or display the Licensed Materials and/or (d) has used and/or attempted to use the Licensed Material in a manner not authorized by this Agreement. Customer's exclusive remedy and the entire liability of H&A and under this limited warranty will be refund of the Fee by Customer or a pro-rata portion of the Fee paid by Customer, to be determined by H&A in its sole and complete discretion, In no event does H&A warrant that Customer will be able to access and/or display the Licensed Material at all times and/or without problems or interruptions.
15. DISCLAIMER. EXCEPT AS SPECIFIED IN THE LIMITED WARRANTY ABOVE, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, INFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. IN NO EVENT WILL H&A OR ITS VENDORS BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE LICENSED MATERIAL EVEN IF H&A OR ITS VENDORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall H&A's or its vendors' liability to Customer, whether in contract, tort (including negligence), or otherwise, exceed the Fee paid by Customer. The foregoing limitations shall apply even if the above-stated warranty fails of its essential purpose.
16. Liability Limitation. Customer may not recover or seek to recover from H&A and its affiliates, resellers, distributors and vendors any consequential damages, lost profits, special, indirect, incidental or punitive damages. This limitation applies to anything related to, but not limited to: content (including code) on third party Internet sites, third party programs or third party conduct; viruses, bugs, malfunctions or other disabling features that affect display of the Licensed Materials; incompatibility between the service and Customer's other services, software and hardware; delays or failures Customer may have in initiating, conducting or completing any transmissions or transactions in connection with the Licensed Materials in an accurate or timely manner.
18. General Terms.
18.1 Notices. Any notice required to be given pursuant to this Agreement shall be in writing and shall be effective when delivered to the other designated party by a recognized national overnight courier service, by electronic mail or fax. Either party may change the address to which notice or payment is to be sent by written notice to the other in accordance with the provisions of this paragraph.
18.2 Legal Relationship. This Agreement is intended to memorialize the understanding between the parties as to the matters set forth only. Nothing is deemed to establish a relationship of principal and agent or any other legal association or arrangement, including without limitation, joint venture or partnership, which would otherwise impose a legal liability on one party for the act or failure to act of the other party and/or parties.
18.3 Governing Law. This Agreement shall be governed and interpreted in accordance with the laws of the State of California and applicable federal laws.
18.4 Severability and Bankruptcy. In the event that any part of this Agreement it invalidated by court or legislative action of competent jurisdiction, the remainder of this Agreement shall remain in binding effect. The Agreement shall be deemed fully executed for purposes of any bankruptcy proceeding involving either party.
18.5 Dispute Resolution. The Parties agree to attempt to settle any claim or controversy arising out of this Agreement through consultation and negotiation in good faith and spirit of mutual cooperation. In the event the Parties are unable to resolve any dispute within thirty (30) days after submission to them, then the dispute will be mediated by a mutually acceptable mediator to be chosen by H&A and Customer within forty-five (45) days after written notice by either party demanding mediation. Such mediation shall be conducted in the State of California, city of Orange. Neither party may unreasonably withhold consent to the selection of a mediator, and the parties will share the costs of the mediator equally. Each party shall pay its own attorneys' fees. By mutual agreement, however, the parties may postpone mediation until each has completed some specified but limited discovery regarding the dispute. The parties may also agree to replace mediation with some other form of ADR, such as neutral fact-finding or a mini-trial. Any dispute which cannot be resolved between the parties through negotiation, mediation or other form of ADR within three (3) months of the date of the initial demand for ADR by one of the parties will then be submitted to a court of competent jurisdiction in the State of California, city of Orange. The use of any ADR procedure will not be construed under the doctrines of laches, waiver or estoppel to affect adversely the rights of either party. Nothing in this Section will prevent either party from resorting to judicial proceedings if (a) good faith efforts to resolve the dispute under these procedures have been unsuccessful, or (b) interim relief from a court is necessary to prevent serious and irreparable injury to that party or to others.
18.6 Entire Agreement. This Agreement incorporates the entire understanding between the parties and supersedes any prior understandings or agreements.
18.7 Waiver. No waiver by either party of any default shall be deemed as a waiver of prior or subsequent default of the same or other provisions of this Agreement.
18.8 No Third Party Beneficiaries. H&A and Customer agree that no other party is a third party beneficiary to the provisions of this Agreement, at law, in equity or otherwise, and nothing herein shall be construed to grant rights to enforce the provisions of this Agreement to any third party.
18.9 Assignability. This Agreement and the licenses granted hereunder may not be assigned by any act of Customer or by operation of law, including in connection with a transfer of substantially all of the assets of Customer, without the express written consent of H&A, which consent shall not be unreasonably withheld or delayed.
18.10 Amendments. This Agreement shall not be modified or amended except in writing, signed by the parties hereto, and specifically referring to this Agreement.
If you have any questions, please contact: Humphreys & Associates, 9910 Research Drive, Irvine, CA 92618, 714.685.1730
Workshop Registration Policy
How to Register
The workshop size is limited. To guarantee your seat in the workshop, payment at the time of registration is highly recommended. We cannot guarantee you a seat without full payment. You can register:
- Online using a credit card (Visa, MasterCard, American Express, and Discover)
- By check payment with a printed online registration form
Please note that full payment is required at time of registration to take advantage of the discounts.
Early Registration Discount
Save 20% with our Early Registration Discount for each person who registers and provides full payment 45 days prior to the workshop.
Save 20% with our Corporate Discount for each attendee when sending two or more people from the same company or organization to the workshop. Full payment is required at the time of registration.
Please note that Corporate Discounts cannot be processed online. To apply the Corporate Discount, please select the "Pay Later" option. For more information on our Corporate Discounts, call 714.685.1730 or email us at email@example.com.
If after making payment you are unable to attend the seminar for any reason, you can send a substitute in your place without penalty. Cancellation of a confirmed registration may be made up to 10 days prior to the seminar without penalty. Cancellation after that date is subject to a 30% penalty. The remainder of the fee will be refunded.