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  • LearnSomething's Terms of Use

    Before using the LearnSomething Courseware, please read the Terms of Use set forth below. By using the LearnSomething Courseware you agree to be bound by the Terms of Use. LearnSomething and its affiliates and subsidiaries ("We" or such conjugation thereof as the context may require) reserve the right to review and revise the Terms of Use from time to time without prior notice and, by using this site subsequent to any revision of the Terms of Use, you agree to be bound by such changes. If you find the Terms of Use to be unacceptable, you must immediately terminate your use of the LearnSomething Courseware.

    1. No Representations Or Warranties

    The services provided by this Courseware and the content, information, documents, graphics and images published within this Courseware could include inaccuracies, typographical errors or other errors. We make no commitment, however, to update what is contained in this Courseware. Furthermore, we reserve the right to temporarily, or permanently, modify, alter, discontinue or delete the same without prior notice. Consequently,

    TO THE EXTENT PERMITTED BY LAW, THE SERVICES AND INFORMATION ON THIS COURSEWARE ARE PROVIDED "AS IS," AND WITHOUT WARRANTY, AND ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE AND ANY WARRANTIES ARISING FROM CUSTOM, COURSE OF PERFORMANCE, USAGE OF TRADE, OR COURSE OF DEALING ARE HEREBY DISCLAIMED, AND YOU HEREBY WAIVE ALL SUCH WARRANTIES.

    Users of this Courseware should not rely upon opinions expressed at this Web site when making business, financial, personal or other decisions. Furthermore, we do not endorse the opinions of third parties expressed on this Web site or on linked Web sites.

    2. User Warnings/User Conduct

    We make certain services available, including without limitation, message boards and other community services; provided that you agree to abide by the terms and conditions contained in these Terms of Use. Without limiting the generality of the foregoing, in consideration for our providing such services, you also agree not to:

    Violate any applicable law, regulation or rule;

    Harass, offend, threaten, embarrass, distress or invade the privacy of any individual or entity;

    Post or transmit any commercial, advertising or promotional materials, including without limitation, "spam" or mass distributions;

    Provide false information in your profile or impersonate another person at any point;

    Post or transmit false, inappropriate, improper, disorderly or excessive messages or information.

    Post any material that infringes upon any third party's copyright, trademark, patent or other intellectual property right.

    If you violate such terms, we may, without prior notice and without liability to you, ban you from any and all services, terminate your registration, delete your messages or postings, and take any other action we deem appropriate in our sole discretion.

    With reference to any services we provide, you acknowledge that we may, from time to time, without notice to you and at our sole discretion, establish various practices, limitations and restrictions for administering such services, including without limitation: how often a service or account may be accessed; the maximum number of days that messages or postings will be retained; the maximum number of messages or postings allowed; the size and nature of messages and postings; the maximum storage space available for an account; and all other matters related to administration of services, and you agree to be bound by such practices. You agree that we are not responsible or liable for deactivation or deletion of accounts or for loss of emails, communications, postings, data or information as a result of, or arising out of, our administration of such services.

    We assume no responsibility for the accuracy, integrity, quality-completeness, usefulness or value of any content, data, documents, graphics, images, information, advice or opinion contained in message boards or community services, or in any other public services and do not endorse any advice or opinion contained therein. We do not monitor or control such services, although we reserve the right to do so. We may take any action we deem appropriate, at our sole discretion, to maintain the high quality of our service and to protect ourselves and others.

    3. Courseware Links And Third-Party Sites

    This Courseware may contain links to other Web sites which are independent of this Web site. We make no representation or warranty as to the accuracy, value, integrity, completeness or authenticity of the information or opinions contained in any such linked Web site, and any link to another Web site shall not in any manner be construed as an endorsement by us of that Web site, or of the products or services described therein.

    Furthermore, these links may lead to sites or links that contain offensive and objectionable content or which may contain dangerous computer viruses. You assume, and we hereby disclaim, all responsibility for any of the content on these sites or for any damage sustained by users of these sites.

    4. Confidentiality

    Your confidential use of this site cannot be guaranteed by us. We shall not be responsible for any harm that you or any person may suffer as a result of a breach of confidentiality in respect to your use of this site.

    5. Security

    You may have an account and password. You are responsible for maintaining the confidentiality of your password and account information and are fully responsible for all conduct carried out under this password and account. We are not liable for any loss of confidentiality or for any damages arising from your failure to comply with these terms. You will promptly report any unauthorized use of your password to us.

    6. Limitation of Damages

    IN NO EVENT WILL WE, OUR OFFICERS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTIAL, SPECIAL OR OTHER INDIRECT ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY SERVICES, CONTENT OR OTHER MATERIALS PROVIDED OR AVAILABLE HEREUNDER, OR USE OF ANY OTHER LINKS OR LINKED WEB SITES, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER SUCH DAMAGES AROSE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL BASIS. THE TERM "DAMAGES" INCLUDES, WITHOUT LIMITATION, ATTORNEY FEES, ANY LOST PROFITS, BUSINESS INTERRUPTION AND LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM. YOU ACKNOWLEDGE THAT THE ECONOMIC TERMS OF OUR AGREEMENT REFLECT THE FOREGOING ALLOCATION OF RISK AND SUCH ALLOCATION OF RISK IS A SIGNIFICANT INDUCEMENT FOR US TO PROVIDE THE SERVICES, COURSEWARE AND OTHER CONTENT AND MATERIALS.

    7. Ownership

    All right, title and interest (including all copyrights, trademarks and other intellectual property rights) in this Courseware belong to us or our licensors. In addition, the names, images and other indicia identifying our products and services are our proprietary marks. All other copyrights, trademarks and other intellectual property rights referred to in this Courseware belong to their respective owners.

    8. License

    Nothing contained in this Courseware shall be construed as conferring any license or right, expressly, by implication, by estoppel or otherwise, under any of our intellectual property rights, or under any third party's intellectual property rights, and no part of this Courseware may be reproduced, republished, copied, transmitted, or distributed in any form or by any means.

    9. Claims of Copyright Infringement

    LearnSomething Corporation respects the intellectual property of others and may, in appropriate circumstances and at its discretion, terminates the accounts of users who infringe the intellectual property rights of others. If you believe that any material in this Courseware infringes on any copyright which you own or control, or that any link in this Courseware directs you to another Web site that contains material that infringes on any copyright which you own or control, you may file a notification of such infringement with our designated agent to have the material removed or otherwise blocked from access. Please contact customerservice@LearnSomething to make a claim of copyright infringement.

    10. Indemnification

    YOU AGREE TO HOLD HARMLESS, DEFEND AND INDEMNIFY US, OUR OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, PARTNERS AND AFFILIATES, SUCCESSORS AND ASSIGNS FROM ALL LIABILITIES, CLAIMS, DEMANDS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, THAT ARE DUE TO, OR THAT ARISE FROM YOUR USE OR MISUSE OF THIS SITE, ANY SERVICES THEREIN, OR FOR INFRINGEMENT BY YOU OR OTHERS OF INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHT OF ANY THIRD PARTY. WE MAY ASSUME EXCLUSIVE CONTROL OF ANY DEFENSE OR ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, AND YOU AGREE TO COOPERATE WITH US IN SUCH EVENT.

    11. Governing Laws in Case of Dispute

    THESE TERMS OF USE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA, USA, AS THEY APPLY TO AGREEMENTS MADE AND SOLELY PERFORMED THEREIN. YOU IRREVOCABLY CONSENT AND WAIVE ALL OBJECTION TO PERSONAL JURISDICTION AND VENUE IN THE STATE AND FEDERAL COURTS LOCATED IN LEON COUNTY, FLORIDA, USA, AND YOU SHALL NOT COMMENCE OR PROSECUTE ANY SUIT OR ACTION EXCEPT IN THE FOREGOING COURTS.

    12. Integration; Severability; General

    These Terms of Use incorporate by reference any notices contained in this Courseware and Web site and constitute the entire agreement with respect to your access to and use of this Courseware. We may modify these Terms of Use at any time by posting revised Terms of Use on our Web site or Courseware and your continuing use of such Courseware and the services constitutes your agreement to be bound by such modified Terms of Use.

    Any provision of these Terms of Use which is determined by a court of competent jurisdiction to be unenforceable in any jurisdiction shall be severable from these Terms of Use in that jurisdiction without in any way invalidating the remaining provisions of these Terms of Use. The unenforceability of any provision in a given jurisdiction shall not make that provision unenforceable in any other jurisdiction.

    Any litigation arising out of or in connection with these Terms of Use or your use of our services must be commenced within one (1) year after the cause of action arose, or it will be permanently barred.

    13. International Use

    LearnSomething does not represent that all content, materials and services in our Courseware are appropriate or available for use in all geographic locations, especially some locations outside the United States, and accessing such from certain locations may be illegal and prohibited. Those who do access content, materials and services from such locations act on their own initiative and LearnSomething is not responsible for their compliance with local laws or other applicable laws. You will not access the foregoing where prohibited by law.

    14. Copyright Infringement Notice

    Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to LearnSomething's customer service. To be effective, the notification must be in writing and include the following information:

    A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;

    A description of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

    Identification of the material that is claimed to be infringing and information reasonably sufficient to permit LearnSomething to locate the material;

    Your address, telephone number, and your e-mail address;

    A statement by you that you have 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

    A statement by you, made under penalty of perjury, that the information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

    To file a copyright infringement complaint please contact customerservice@LearnSomething or call 877-399-4925.

    LearnSomething Legal Disclaimer and Copyright

    The information presented on the LearnSomething Web site is for informational purposes only and should not be construed as accounting, tax, financial services, human resource, insurance or legal advice for any particular issue you have. You should consult a professional advisor that is familiar with your particular factual situation before making any decision.

    Information on this site may reside on servers maintained by individuals or organizations over which LearnSomething has no control. LearnSomething makes no representations or warranties, either implied or implicit, regarding the accuracy or any other aspect of the information located on such servers.

    Except where noted otherwise, all site contents are Copyright©2000 LearnSomething, Inc and all rights to this content are reserved. No part of any materials on the LearnSomething Web sites, including but not limited to the text, graphics and html code, may be reproduced or transmitted in any form by any means without express written permission from LearnSomething Corporation.