ACCEPTANCE OF AGREEMENT
This Agreement, together with any other Agreement you, your employer or another acting on your behalf has entered into in connection with your access to the content hosted on the Learning Platform, constitutes the entire and only agreement between us and you regarding access to the Learning Platform. This Agreement supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Learning Platform; the content, products or services provided by or through the Learning Platform; and the subject matter of this Agreement. This Agreement may be amended at any time by us without specific notice to you. The latest Agreement will be posted on the Learning Platform website. You should review this Agreement prior to each use of the Learning Platform.
The specific system requirements for accessing on-demand courses, downloading course materials, or using our trainer portal may be found at this link.
This Agreement and your right to use the Learning Platform shall remain in effect during the time you are duly licensed to access the on-demand content contained on the Learning Platform. We retain the right to terminate this Agreement, effective immediately, at our sole discretion. You agree that upon such termination your sole and exclusive remedy is a refund of the applicable fees you actually paid in connection with the terminated training lesson.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Learning Platform are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the course or course materials is strictly prohibited. Your use of the Learning Platform does not mean you acquire ownership rights to any content, document or other materials viewed through the Learning Platform or any other of our content or materials, no matter the medium in which it appears. You shall not remove, delete, alter, or obscure any trademarks or any copyright, or other intellectual property or property rights notices included on or in the Learning Platform. The posting of information or materials on the Learning Platform by you or by us does not constitute a waiver of any of our rights in such information and materials or the rights of third parties who may own such information or materials, as the case may be.
Products and names mentioned on the Learning Platform may be trademarks of their respective owners.
LIMITED RIGHT TO USE
Unless otherwise specified in a separate agreement governing your use of the materials on the Learning Platform, the viewing, printing or downloading of any content, graphic, form or document from the Learning Platform grants you only a limited, revocable, non- exclusive, non-transferable, non-sublicensable, non-assignable, license for use solely by you for your own personal use and not for republication, distribution, , sale, preparation of derivative works or other use or exploitation. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use.
EDITING, DELETING AND MODIFICATION
We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Learning Platform without notice to you at any time. We reserve the right to completely shut down, either permanently or temporarily, the Learning Platform at our sole discretion, without notice to you.
You agree to indemnify, defend and hold us and our partners, attorneys, staff, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorneys fees, related to your violation of this Agreement or use of the Learning Platform, including, but not limited to, any Submission (as defined herein) you might provide to us.
Your right to use the Learning Platform is not transferable. Any password or right given to you to access, use, and receive training through the Learning Platform is for your use only.
DISCLAIMER AND LIMITS
The information you access on the learning platform is provided as-is. All warranties, express or implied, are disclaimed, including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose. The information and services may contain bugs, errors, problems or other limitations. We and our affiliated parties have no liability whatsoever for your use of any information or service. In particular, but not as a limitation thereof, we and our affiliated parties are not liable for any indirect, special, incidental, punitive or consequential damages (including damages for loss of business, loss of profits, litigation, or the like). No advice or information, whether oral or written, obtained by you from us through the learning platform shall create any warranty, representation or guarantee not expressly stated in this agreement. All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. Our maximum liability to you under all circumstances will be equal to the purchase price you pay for any goods, services or training through the learning platform.
USE OF INFORMATION
You agree not to make any Submission that violates applicable law, standards of decency that would be expected in a business or educational setting, or that infringe the intellectual property rights of any entity or individual.
COMPLIANCE WITH LAWS
You agree to comply with all applicable laws and regulations, including, but not limited export control laws. You further acknowledge that use of the Learning Platform, and any content, products, or materials obtained from us in any manner, may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release any information to, or otherwise make available to, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation.
This Agreement shall be treated as though it were executed and performed in Provo, Utah, and shall be governed by and construed in accordance with the laws of the State of Utah (without regard to conflict of law principles). Any cause of action by you with respect to the Learning Platform (and/ or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Salt Lake City, Utah.
Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Any breach of this Agreement shall entitle us to damages and reasonable attorneys’ fees and costs associated with such breach if we are forced to bring an arbitration or legal action to remedy the breach and are found to be the prevailing party by a court of competent jurisdiction.