PLEASE READ THE SECTIONS TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” AS THEY AFFECT YOUR LEGAL RIGHTS.
GUIDELINES FOR USE
We have established certain guidelines to keep our community safe (“Guidelines”). By visiting or using the website or any Product, you agree to abide by these Guidelines, which are as follows:
- You will comply with all applicable law;
- upload, post, You will not send, email, or otherwise make available any information or content which in any way infringes any copyright, trade secret, trademark, right of publicity, privacy, property or other intellectual property or proprietary rights, or any information or content which you do not have the right to make available, through any law, contractual or fiduciary relationship or otherwise;
- You will not act in any way that is fraudulent, false, misleading, deceitful or deceptive, such as by impersonating another individual or falsifying your association with an individual or entity;
- You will not upload, post, send, email, or otherwise make available any material or behave in any manner which could be perceived as harassing, demeaning, threatening, “stalking”, defamatory, sexually explicit, abusive, vulgar, hate speech, obscene, indecent or otherwise objectionable;
- You will not upload, post, send, email, or otherwise make available any material which would reveal the personal information of another individual;
- You will not behave in any manner which could limit or otherwise impact any other person’s use or enjoyment of the website and/or any Product;
- You will not engage in any unsolicited or unauthorized advertising nor will you send any spam;
- You will not attempt to gain unauthorized access to any portion of the website or any of the Products;
- You will not engage in or encourage others to engage in any activity which would violate any law, constitute a criminal offense, give rise to civil liability, or infringe on the rights of any third party;
- You will not send any materials which contain viruses, devices, information collection or transmission mechanisms, trojan horses, worms, time-bombs, adware, keystroke loggers or any other programs or code which would be harmful to, interfere with or attempt to interfere with our systems;
- You will not engage in market research or any research intended to help a competitor;
- You will not deploy any automated query program, such as a bot or spider, at any time or for any purpose without our express written consent;
- You will not block or cover any advertisements on the website;
- You will notify us through the contact information provided below if you know or have reason to know that a violation of any of our Guidelines has occurred.
We reserve the right to deny you access to the website and any Products in our sole discretion at any time and for any reason.
The website and its content and all Products, including but not limited to videos, coursework, training modules, photographs, sound recordings, images, digital content, material available as a free download, software, text, graphics and other material, are owned or licensed by the Company and are protected by copyright, trademarks (whether registered or unregistered), design rights, database rights and all other intellectual property rights afforded to us (“Intellectual Property”). While you may view and have access to our Intellectual Property for your own personal and non-commercial use, you agree to abide by the following:
- Our Intellectual Property must be kept intact with the proper copyright and other intellectual property notices; and
- You may not reproduce, resell, distribute, publicly perform, create derivative works, translate, transmit, post, republish, exploit, copy or otherwise use our Intellectual Property for any commercial or non-personal use, unless you have received explicit written consent from us to do so. It is in our sole discretion to give written consent for you to reproduce, resell, distribute, publicly perform, create derivative works, translate, transmit, post, republish, copy or otherwise use our Intellectual Property. If you have any questions, please contact us using the contact information provided below.
Your use of this website and any Products is entirely at your risk, as the website and our Products are provided on an “as is” and “as available” basis. We do not make any express or implied warranties or representations relating to the website, its content and our Products, including but not limited to warranties of title, merchantability, fitness for a particular purpose and non-infringement of third parties’ rights. We also do not make any express or implied warranties or representations that the website will operate without error or that the website, the servers relied on, our Products and any content is free from computer viruses or other potentially harmful or destructive features. Some jurisdictions do not permit the exclusion of certain warranties. As such, some of the exclusions referenced in this section may not apply to you.
LIMITATION OF LIABILITY
To the fullest extent permissible by law, the Company and our directors, contractors, successors, joint venture partners, shareholders, agents, affiliates, officers, employees, assignees and licensees, as applicable, shall not be liable for any direct, indirect, special, incidental, consequential, exemplary or other loss or damage, including but not limited to damages for loss of profits, goodwill, business interruption, use or loss of data or other intangible losses, which may directly or indirectly arise out of or be related to your use of or inability to access this website or any Products or your reliance on any advice, opinion, information, representation or omission contained on, or received through this website or any Products, even if we have been advised of the possibility of such damages occurring.
This limitation of liability applies whether such liability arises from tort, negligence, breach of contract or any other legal theory of liability.
You shall indemnify, defend and hold harmless the Company and our affiliates, and our respective directors, contractors, successors, joint venture partners, shareholders, agents, affiliates, officers, employees, assignees and licensees from and against any and all damages, liabilities, losses, costs and expenses resulting from any suits, proceedings, judgments, demands, causes of action and claims (collectively, the “Claims”), including legal and accounting fees and expenses, whether or not involving a third party claim, to the extent arising out of, relating to or resulting from: (i) your use or misuse of this website or any of our Products, (ii) your breach of this Agreement, or (iii) your violation of any third party rights, including without limitation any copyright, trade secret, trademark, right of publicity, privacy, property or other intellectual property or proprietary rights. We will provide you with notice of any Claims, and may in our sole discretion assist you, at your expense, in defending such Claims. We reserve the right to assume exclusive control of defending any such Claim, at your expense, including choice of legal counsel. You agree to cooperate and assist us in defending any such Claim.
Please do not upload, post, send, email, or otherwise make available any material that contains any confidential information.
CLASS ACTION WAIVER
You agree that any dispute arising out of or relating to this Agreement shall be solely between you and the Company.
YOU AGREE TO WAIVE THE RIGHT TO LITIGATE IN COURT OR ARBITRATE ANY CLAIM OR DISPUTE AS A CLASS ACTION. YOU AGREE THAT YOU WILL ONLY MAKE CLAIMS AGAINST US IN YOUR INDIVIDUAL CAPACITY, AND CANNOT MAKE CLAIMS AGAINST US AS A MEMBER OF A CLASS OR AS A REPRESENTATIVE.
TERMINATION OF AGREEMENT
We reserve the right, in our sole discretion, to terminate this Agreement and to terminate, restrict, deny, or suspend your access to the website and all Products at any time and for any purpose without prior notice. We also reserve the right to discontinue any or all of the website or Products at any time and for any purpose without prior notice.
If any term or other provision of this Agreement is held to be invalid, prohibited or unenforceable under applicable law, the other provisions of this Agreement will remain in full force and effect.
Our failure to act on or delay in exercising any privilege, power or right under this Agreement will not operate as a waiver of such privilege, power or right, and no single or partial exercise of any such privilege, power or right will preclude any other or further exercise of such privilege, power or right or the exercise of any other privilege, power or right. Subheadings in this Agreement are used for convenience of reference only and in no way define, describe, limit or extend the scope of this Agreement or the intent of any of its provisions. They shall not be considered in construing or interpreting this Agreement. The terms and conditions of this Agreement shall inure to the benefit of and be binding upon the successors, heirs, executors, administrators, legal representatives and assigns of the Company. Nothing in this Agreement, express or implied, is intended to confer upon any party other than the Company or our successors, heirs, executors, administrators, legal representatives and assigns, any rights, remedies, obligations or liabilities under this Agreement. You may not assign any of your rights or transfer any obligations under this Agreement to any other person. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and disbursements in addition to any other relief to which such party may be entitled.
HOW TO CONTACT US
If you have any questions, please contact us using the information below.
By email: firstname.lastname@example.org