Terms of Use
The website of Connect Learning, L.L.C. ("Connect Learning") is comprised of various websites and web pages that are controlled, maintained, and operated by Connect Learning and its affiliates and suppliers (hereinafter collectively referred to as the "Connect Learning Website"). Use of the Connect Learning Website is offered to you conditioned on your complete acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Connect Learning Website constitutes your acceptance of and agreement to all such terms, conditions, and notices.
Use of Website
You may use the Connect Learning Website for your personal, non-commercial use only, in accordance with the terms and conditions of this agreement; however, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Connect Learning Website for any purpose without the express written permission of Connect Learning.
You may not use the Connect Learning Website in any manner that could damage, disable, overburden, or impair the Connect Learning Website (or the networks connected to the Connect Learning Website) or interfere with any other party's use and enjoyment of the Connect Learning Website. You may not attempt to gain unauthorized access to any Connect Learning Website, other accounts, computer systems or networks connected to any Connect Learning Website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Connect Learning Website.
By posting, uploading, inputting, providing or submitting any content, messages or materials to the Connect Learning Website, you warrant and represent that you own, have the right and/or authority to sublicense, or otherwise control all of the rights to the content, messages or materials including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the content, messages or materials.
Links
The Connect Learning Website may contain links to third party websites ("Thirty Party Websites"). The Third Party Websites are not under the control of Connect Learning and Connect Learning is not responsible for the content of any Third Party Websites, including without limitation any link contained in a Third Party Website, or any changes or updates to a Third Party Website. Connect Learning is not responsible if the Third Party Website is not working appropriately. Connect Learning is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Connect Learning of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of service posted on any Third Party Websites.
Any dealings with third parties included within the Connect Learning Website or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the third party. Connect Learning shall not be responsible or liable for any part of any such dealings or promotions.
Customer Web Sites
Connect Learning provides online knowledge, training and other services to employees of Connect Learning’s customers and others designated by Connect Learning’s customers to participate in Connect Learning’s programs (“Users”). Connect Learning’s customers are typically businesses or other organizations. Connect Learning typically provides its services via web sites that Connect Learning or its suppliers creates, configures and hosts on behalf of the customer. Connect Learning operates its programs and collects and uses data about Users at the direction of, and in accordance with, the instructions of Connect Learning’s customers.
Connect Learning’s arrangements with its customers may require Connect Learning to obtain certain personal information, either from the customer or a User, in order for a User to access the online knowledge, training and other services provided on an Connect Learning customer web site. Among other things, Connect Learning may collect the following data: (i) User name; (ii) User identification; (iii) User password (iv) User email address; and (v) User department(s) and location within the customer organization. Connect Learning may also track the amount of time a User spends on the customer web site, the applications the User employs, the self-tests the User performs, the User’s performance on such tests, and other activities in which the User engages while the User in on the Connect Learning customer web site.
Connect Learning may use non-personal data that it obtains from Users, such as the amount of time Users spend on a specific portion of a web site, to analyze trends, to gather data to benchmark best practices, and to monitor, improve and refine the functionality of the system. Connect Learning generally only uses personal information to provide feedback about a User’s activity on an Connect Learning-hosted customer web site. For example, Connect Learning may use personal information to inform a User of his or her performance on tests, or the number of training modules that a User has used. Connect Learning may also use personal information to send e-mails to a User, such as reminder e-mails that the User has not completed certain online courses. Connect Learning may also suggest which online courses are most suitable for a User.
Connect Learning’s arrangements with its customers may require Connect Learning to provide all User information in Connect Learning’s possession, including a User’s personal information, directly to the customer with which the User is associated (i.e. the User’s employer). If a User corresponds with Connect Learning, Connect Learning may keep a record of that correspondence. Connect Learning may also forward correspondence to the customer which the User is associated. Connect Learning does not transfer any personal User information to any third party (other than Connect Learning’s customer) unless it is authorized to do so by the customer with which the User is associated, or required to do so by applicable law.
Disclaimer of Warranty
CONNECT LEARNING AND ITS RESPECTIVE AFFILIATES AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED CONTENT CONTAINED WITHIN THE CONNECT LEARNING WEBSITE FOR ANY PURPOSE. THE CONNECT LEARNING WEBSITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. CONNECT LEARNING AND ITS RESPECTIVE AFFILIATES AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS WITH RESPECT TO THE CONNECT LEARNING WEBSITE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY
YOU SPECIFICALLY AGREE THAT CONNECT LEARNING AND/OR ITS RESPECTIVE AFFILIATES AND SUPPLIERS SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE CONNECT LEARNING WEBSITE. YOU SPECIFICALLY AGREE THAT CONNECT LEARNING AND/OR ITS RESPECTIVE AFFILIATES AND SUPPLIERS ARE NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT CONNECT LEARNING AND/OR ITS RESPECTIVE AFFILIATES AND SUPPLIERS ARE NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN ON THE CONNECT LEARNING WEBSITE BY ANY THIRD PARTY. IN NO EVENT SHALL CONNECT LEARNING OR ITS AFFILIATES AND SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE CONNECT LEARNING WEBSITE, WITH THE DELAY OR INABILITY TO USE THE CONNECT LEARNING WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR RELATED TEXT, PHOTOS, AUDIO, VIDEO, GRAPHICS, SOUND OR OTHER CONTENT OBTAINED THROUGH THE CONNECT LEARNING WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE CONNECT LEARNING WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CONNECT LEARNING OR ANY OF ITS AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE CONNECT LEARNING WEBSITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE CONNECT LEARNING WEBSITE.
Errors and Corrections
The information, products, and services included in or available through the Connect Learning Website may include inaccuracies or typographical errors. Changes are periodically made to the Connect Learning Website and to the information therein. Connect Learning and/or its respective affiliates and suppliers may make improvements and/or changes in the Connect Learning Website at any time.
Modification of Agreement
Connect Learning reserves the right to change the terms, conditions, and notices under which the Connect Learning Website is offered, including but not limited to the charges associated with the use of the Connect Learning Website. You are responsible for regularly reviewing these terms and conditions and additional terms posted on this website. Your continued use of the Connect Learning Website constitutes your acceptance of and agreement to all such terms, conditions, and notices.
Notice of Proprietary Rights
The Connect Learning Website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound that is owned by or licensed to Connect Learning or its affiliates or suppliers. Unless specified otherwise, all information, materials and contents on the Connect Learning Website are: Copyright © 2004-2005 Connect Learning, L.L.C. All rights reserved.
Connect Learning and Connect Learning’s products or services referenced herein are either trademarks or registered trademarks of Connect Learning. The names of actual companies and products or services mentioned herein may be the trademarks of their respective owners. Software Available on this Web Site
Please note that all Software, including, without limitation, all HTML code and Active X controls contained on this Web site, is owned by Connect Learning, its affiliates, and/or their suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTEED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
You acknowledge that the Software and any accompanying documentation and/or technical information are subject to applicable export control laws and regulations of the USA. You may agree not to export or reexport the Software, directly or indirectly, to any countries that are subject to USA export restrictions.
General
You agree to indemnify, defend and hold Connect Learning, its parents, subsidiaries, affiliates, suppliers, officers, directors and employees harmless from any and all third party claims, liability, demands, damages and/or costs, including reasonable attorneys' fees, arising from your use of or conduct on the Connect Learning Website, your violation of this agreement, or your infringement of any intellectual property or other right of any person or entity.
Connect Learning reserves the right to disclose any personal information about you or your use of the Connect Learning Website, including its contents, without your prior permission if Connect Learning has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Connect Learning or its affiliated companies; (3) enforce the terms of service; or (4) act to protect the interests of its members or others.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Connect Learning with respect to the Connect Learning Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Connect Learning with respect to the Connect Learning Website.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.