Effective as of January 20, 2015
BY ACCESSING AND PARTICIPATING IN THE WEBSITE, YOU HAVE INDICATED THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY AND COMPLY WITH THEM. If you do not agree to be bound by these Terms, please promptly exit the Website.
- Registration Information
As a condition of your use of the Services, you agree to (a) provide Company with true, accurate, current and complete information as prompted by Company’s registration forms, when registering for or using the Services and to (b) update and maintain the truthfulness, accuracy, and completeness of such information.
- Minimum Age
If you are under the age of eighteen (18), you are prohibited from using or registering for the Services without the supervision of a parent or guardian eighteen (18) years of age or older. Use of the Website by children under thirteen (13) years old is expressly prohibited.
- Use Void Where Prohibited
Use of the Services is void where prohibited.
- Account Security
Company will assign you a user ID and a password when you register. Your user ID and password may only be used by you and the members of your household or business, as applicable. You are solely responsible for maintaining and protecting the confidentiality of your user ID and password, and are fully responsible for all activities that occur under your user ID and password.
- Limited License to the Website
By agreeing to the terms and conditions of these Terms, Company grants you a limited license to access and use the Website for the purpose of utilizing the Services. This license does not include any right to reproduce, duplicate, copy, sell, resell or otherwise exploit use the Website commercially (outside of context for which the Website was originally developed), to collect or use any description, or other information on it, to derivative use of them, to download or copy any account information from the Website, or to implement any data mining, robots, spiders or similar data extraction tools. You may not use meta tags or any other hidden text using Company’s name, copyrights or trademarks. Any unauthorized use terminates the license granted by these Terms.
Webinars hosted by the Company and posted to the Website may be recorded and made available for separate purchase. Reasonable measures may be made available by the Company to Webinar participants to maintain anonymity, if requested.
- Third Party and Co-Branded the Websites
The Website may contain links to websites operated by third parties or to co-branded websites operated by third parties. Company provides such links for your reference and convenience. A link from us to a third-party website or co-branded website does not imply or mean that Company endorses the content on that website or the operator of it. You are solely responsible for determining the extent to which you use any content at any third party website or co-branded website to which you link from the Website.
- Your Responsibilities
You must comply with all applicable law in connection with your use of the Website, and all further limitations that may be set forth in any written or on-screen notice. You must not use the Website for any purpose that is unlawful, illegal or prohibited by these Terms.
In connection with your use of the Services, you represent and warrant that you:
(a) are above the age of eighteen (18);
(b) will abide by the letter and spirit of the terms and conditions of these Terms and all applicable local, state, national or international laws;
(c) will not submit any posts, comments, or reviews that may be considered by Company to be unlawful, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, invasive of another person’s privacy or proprietary rights, or racially, ethnically or otherwise objectionable;
(d) will not impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Company, or otherwise attempt to mislead others as to the identity of the sender or the origin of a comment, post, or review;
(e) will not submit posts, comments, or reviews that are encrypted or that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that are intended to damage, interfere with, disrupt, impair, disable or otherwise overburden the Website;
(f) will not access, download or copy any information contained on our the Website through artificial means (including but not limited to spiders, hacking devices, computer programs, bots or other such means);
(g) will not take any action that would undermine the posting and review process under the Services;
(h) will not attempt to gain unauthorized access to the Services, other user accounts, or other computer systems or networks connected to the Services;
(i) will not use the Services in any manner that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any material that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
(j) will not use the Services in any way that could interfere with the rights of Company or the rights of other users of the Services;
(k) agree not to re-sell or assign your rights or obligations under these Terms; and
(l) will not reproduce, duplicate, copy, sell, re-sell or exploit any Content.
Posts, comments and any other content that you provide do not reflect the views of Company, its members, officers, managers, owners, employees, agents, designees or other users. In addition, Company retains the right, in its sole discretion, to determine whether or not your use of the Services is consistent with the terms and conditions of these Terms. Company may suspend, restrict or terminate your use of the Services and may refuse any future use of all or portions of the Services if your use breaches or fails to comply with any of the terms and conditions of these Terms. Additionally, Company may seek any and all other remedies available to it, including (a) seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of the terms and conditions of these Terms; and/or (b) if damages are ascertainable, seeking damages relating to any breach or failure to comply with any of the terms and conditions of these Terms.
- User Content.
You may be permitted to submit and distribute materials in connection with an online course (“User Content”). You represent and warrant that any material you submit to the Website, instructors or other users is accurate and complete and will not violate or infringe the rights of any third party, including without limitation privacy, publicity, intellectual property and any other proprietary rights, such as copyright, trademark and patent rights. You represent and warrant that you have all the necessary rights and licenses to use the material and to permit use of the material by the Company.
You agree that, if a third party claims that any material you have contributed to the Website is unlawful, you will bear the burden of establishing that the material complies with all applicable laws. Although the Company does not monitor the content of the Website, the Company has the right to remove material from the Website, block access, or take other action with respect to the material in its sole discretion.
- Content License
Although Company does not claim ownership of any of the postings, reviews, ratings, comments, communications, information, data, text or other materials you give us (collectively, the “Content”), by providing Content for the Website, you automatically grant, and you represent and warrant that you have the right to grant, to Company an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing Company with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Website by any other party.
- Rules for Online Conduct
You agree to use the Website in accordance with all applicable laws. You are responsible for your own communications, including the upload, transmission and posting of information, and are responsible for the consequences of their posting on or through the Website. You further agree that you will not email or post malicious or harmful content anywhere on the Website, including without limitation the following:
- Content that defames or threatens others
- Harassing statements or content that violates federal or state law
- Content that discusses illegal activities with the intent to commit them
- Content that is not your own, or infringes another’s intellectual property, including, but not limited to, copyrights, trademarks or trade secrets
- Content related to partisan political activities
- Material that contains obscene (i.e. pornographic) language or images
- Advertising or any form of commercial solicitation or promotion, including links to other sites
- Content that is otherwise unlawful
- Intentionally incomplete, misleading or inaccurate content
Copyrighted material, including without limitation software, graphics, text, photographs, sound, video and musical recordings, may not be placed on the Website without the express permission of the owner of the copyright in the material, or other legal entitlement to use the material.
- Term and Termination
The term of these Terms will begin when you first access the Website and will continue until such time as your account becomes inactive for five (5) years unless otherwise terminated by Company. Certain provisions of these Terms will survive its termination as indicated below.
If you fail to comply with these Terms and Conditions, Company may immediately terminate these Terms, your account and your access to the Services. Termination of your account will include removal of your access to all offerings of the Services, deletion of your ID and password, deletion of all related information and files, may include the deletion of the Content associated with your account (or any part thereof), and barring your further use of the Services.
- Modification of Terms and Conditions
Company will have the right to modify and restate the terms and conditions of these Terms, and such modification(s) will be effective immediately upon being posted on the Website. Company will make note of the date of the last update to the Terms on the first page of these Terms. You are responsible for reviewing these terms and conditions regularly. Your continued use of the Services after such modifications will be deemed to be your conclusive acceptance of all modifications to these Terms. If you are dissatisfied as a result of such modification(s), your only recourse is to immediately discontinue use of the Services.
- Modification, Limitation and Discontinuance of Services
Company reserves the right at any time to limit access to, modify, change or discontinue the Services with or without notice to you, and we shall not be liable to you for any such modification, suspension or discontinuance of the Services, except for a refund with respect to any Services paid for but not used by you at the time of Company’s discontinuance of the Service. You agree that Company will not be liable to you or to any third party for any such limitation, modification, change, suspension or discontinuance of the Services. You agree that Company may establish general practices, policies and limits, which may or may not be published, concerning the use of the Services, including without limitation, the time that postings, comments, reviews, and ratings will be retained, the maximum number of postings, comments, reviews, and ratings that may be sent from an account, the length of postings, comments, reviews, and ratings sent, and the maximum number of times and the maximum duration for which you may access the Services in a given period of time. You agree that Company has no responsibility or liability for the deletion or failure to store any postings, comments, reviews, ratings and other communications maintained or transmitted by or through the Services. You agree that Company has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
The Services may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. Company is not responsible for any delays, failures or other damage resulting from such problems.
- Copyright Materials and Intellectual Property
The Digital Millennium Copyright Act (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.
If you believe in good faith that materials on the Website infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked.
The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow the Company to locate the material on the Site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to the Website should be sent to firstname.lastname@example.org.
We suggest that you consult your legal advisor before filing a notice. Also, be aware that there can be penalties for false claims under the DMCA.
17. Warranty Disclaimer
YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT COMPANY ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE TIMELINESS, DELETION OF CONTENT OR FAILURE BY THE SERVICE. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (D) ANY CONTENT OR INFORMATION YOU PROVIDE OR COMPANY COLLECTS WILL NOT BE DISCLOSED OR (E) ANY ERRORS IN ANY SERVICE WILL BE CORRECTED. YOU AGREE THAT USE OF THE SERVICE AND THE WEBSITE IS AT YOUR OWN RISK. THE SITE DOES NOT PROVIDE MEDICAL ADVICE. ANY HEALTH-RELATED INFORMATION ON THE SITE IS FOR INFORMATION PURPOSES ONLY. IT IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL OPINION, DIAGNOSIS OR TREATMENT. ALWAYS SEEK THE ADVICE OF A PHYSICIAN OR QUALIFIED MEDICAL PROFESSIONAL. In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to you as they relate to implied warranties.
- Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICE; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICE; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICE; (E) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY THROUGH THE SERVICE; (F) ANY OTHER MATTER RELATING TO THE SERVICE; (G) ANY BREACH OF THIS AGREEMENT BY COMPANY OR THE FAILURE OF COMPANY TO PROVIDE THE SERVICE UNDER THIS AGREEMENT OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY SERVICE PROVIDERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.
You agree to indemnify, defend and hold harmless Company, its members, officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers (collectively the “Released Parties”) from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of these Terms by you; (b) the inaccurate or untruthful Content or other information provided by you to Company or that you submit, transmit or otherwise make available through the Services; or (c) any intentional or willful violation of any rights of another. Company will have sole control of the defense of any such damage or claim.
- Breach of Terms and Liquidated Damages
You understand and agree that, because damages are often difficult to calculate, if it becomes necessary for Company to pursue legal action to enforce the terms and conditions of these Terms, you will be liable to pay Company the following amounts as liquidated damages, which you accept as reasonable estimates of Company’s damages for the specified breaches of these Terms:
(a) If you post Content in violation of these Terms, you agree to promptly pay Company One Thousand Dollars ($1,000) for each item of Content posted in violation of these Terms. We may (but shall not be required to) to issue you a warning before assessing damages.
(b) If you display, copy, duplicate, reproduce, sell, re-sell or exploit for any purpose any Content in violation of these Terms, you agree to pay Ten Thousand Dollars ($10,000).
(c) If you use computer programming routines that are intended to aggregate records or reviews from the Services or otherwise damage, interfere with, disrupt, impair, disable or otherwise overburden our the Website, you agree to pay One Hundred Dollars ($100) for each review or record that is aggregated, disrupted, damaged or otherwise affected by you.
(d) Except as set forth in the foregoing subparagraphs (a) through (c), inclusive, you agree to pay the actual damages suffered by Company, including, but not limited to attorneys’ fees and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, we reserve the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.
You agree that Company may communicate any notices to you under these Terms, through electronic mail, regular mail or posting the notices on the Website. All notices to Company will be provided by sending an email to email@example.com
- Entire Terms
- Governing Law
This Terms and the relationship between you and Company will be governed by the laws of the Commonwealth of Massachusetts, notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred, where you may be located or any other jurisdiction. You agree and consent to the exclusive jurisdiction of the state or federal courts located in Boston, Massachusetts and waive any defense of lack of personal jurisdiction, improper venue, or forum non conveniens to a claim brought in such court, except that Company may elect, in its sole discretion, to litigate the action in the county or state where any breach by you occurred or where you can be found. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of the Services or these Terms shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
- Provisions Remaining in Effect
In the event your account with Company is terminated or lapses or you are no longer a user of the Website, certain provisions of these Terms will continue to remain in effect, including, but not limited to, Sections 10 and 16 through 25.
These Terms may not be assigned by you. If you assign, or try to assign, these Terms, such assignment or attempted assignment will be void and unenforceable. It will not be considered a waiver of Company’s rights if Company fails to enforce any of the terms or conditions of these Terms against you. In the event a court finds a provision in these Terms to not be valid, you and Company agree that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid in the Terms. No joint venture, partnership, employment or agency relationship exists between you and Company as a result of these Terms or use of the Services. You acknowledge and agree that each of the Released Parties shall be an intended third party beneficiary of these Terms.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SERVICE. BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.