You ("User") must read, agree with, and accept all of the terms and conditions contained in this User Agreement ("Agreement") before you may access and use any course materials provided by Join2day.com Inc ("Join2day.com" or "Licensor"). By accepting this Agreement, User also agrees that his or her use of the website and course materials will be governed strictly by this Agreement.
1. License; Restrictions. User is hereby granted a temporary, non-exclusive and limited License ("License") to access purchased course materials solely within the terms and conditions of this Agreement. This website and all course materials are owned and/or operated by the Licensor and contain materials created in whole or in part by Licensor, Licensor's affiliated companies or other sources, and all such material is protected by United States and international copyright and/or trademark laws. User may not modify, copy, reproduce, upload, post, transmit or distribute in any way any materials from this site, including, without limitation, any software or course materials, for anything but User's personal, non-commercial use in connection with a purchased course. User may access the purchased course materials for individual use, including viewing on-screen, downloading small portions to a disk for personal, non-commercial use, and printing one paper copy for personal, non-commercial use.
Only one (1) individual may access and use the course materials using the password issued. As part of the subscription process for the course materials, User has selected or been assigned a particular username and/or password. USER AGREES THAT USER IS THE ONLY INDIVIDUAL ENTITLED TO ACCESS THE SITE AND COURSE MATERIALS USING THE USERNAME OR PASSWORD, AND USER AGREES NOT TO PERMIT OTHERS TO ACCESS THE SITE OR COURSE MATERIALS USING SUCH USERNAME OR PASSWORD. User further agrees that all actions taken by User or any other user using User's username or password at or through the site will be attributed to and legally bind User, even with respect to acts for which User had no actual authority or made in error.
Further, User agrees not to disrupt, modify or interfere with the site or its associated software, hardware, servers or course materials in any way, and agrees not to impede or interfere with others' use of the site and course materials. User further agrees not to alter or tamper with any information or materials on, or associated with, the site.
2. Payment. User agrees to pay Licensor the total course price specified and agrees that no refunds shall be issued for any reason after the password has been issued to User, whether or not User used any of the course materials or participated in or completed any course.
3. Term. Unless otherwise stipulated, License is valid for one (1) year following payment of the fee to the Licensor by the User. The License may thereafter be re-newed through payment of a renewal fee, determined by Licensor's then-current pricing schedule.
4. Liability; User's Exclusive Remedy. In no event and under no circumstances, including negligence, shall Licensor or its affiliated companies or any of their officers, directors, partners, shareholders, managers or employees be liable for any damages, including, without limitation, any punitive, exemplary, incidental, special or consequential damages, arising out of or in connection with the services, this Agreement, any course or the course materials. Licensor shall not be held liable for any delays, inaccuracies, errors or omissions therefrom, or in the transmission of all or any part thereof of the course materials or for any damages arising from any of the foregoing.
Any opinions, advice, statements, services, offers, or other information that constitute part of the content expressed or made available by third parties in any course materials are not those of Licensor.
User agrees that any supplier of any portion of the Licensed materials may enforce its rights against User, even though that supplier is not a party to this Agreement.
User's sole and exclusive remedy for any liability of Licensor hereunder, if any, for any claims for damages regardless of the nature of the claim, whether based in contract or negligence or otherwise, shall be limited to the amount of the charges paid by User to Licensor under this Agreement for the course materials.
5. Copyrights; Unauthorized Use. User agrees and acknowledges that all proprietary rights including copyrights related to any course materials belong solely to Licensor or other parties, and all such rights are reserved solely to Licensor and those third parties. User shall not make any copies of any materials and agrees and acknowledges that the License is limited solely for User's personal non-commercial use associated with taking the course.
User further agrees that he or she will not attempt to adapt, translate, decompile, disassemble, reverse engineer, or amend any Licensor software or course materials. Further, User shall not loan, transfer, reproduce, lease, sublicense, sell, publish, distribute, retransmit or otherwise provide access to any course materials of Licensor to any other person or entity.
User is further expressly prohibited from placing or installing any portion of the course materials or information from the website on any electronic media, including, but not limited to, local or wide area networks, timesharing services, multiple processing units, multiple site arrangements, service or software rental bureaus, list servers, online services, electronic bulletin boards or forums, world wide web sites or any other service that is internet-enabled, without the express written consent of Licensor.
6. AS IS, WHERE IS. LICENSOR, ANY AFFILIATED COMPANIES, AND THEIR OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, PARTNERS, SHAREHOLDERS, AND ANY OF THEIR AGENTS PROVIDE THE WEBSITE, RELATED SERVICES, AND COURSE MATERIALS "AS IS" "WITH ALL FAULTS" AND WITHOUT ANY WARRANTY OR REPRESENTATION, CONDITION, EXPRESS, IMPLIED OR STATUTORY. LICENSOR EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, LICENSOR DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE FOLLOWING: (A) AVAILABILITY OF THE SITE AT ANY PARTICULAR TIME, (B) FREEDOM FROM INTERRUPTIONS OR ERRORS, (C) ACCURACY OF THE CONTENT OR TIMELINESS OF ANY CONTENT FOUND ON THE SITE, (D) TRANSMISSION TO, FROM OR WITHIN THE SITE, (E) FUNCTIONALITY, (F) LACK OF VIRUSES, (G) COMPLIANCE OF THE SERVICES, SOFTWARE AND/OR CONTENT WITH FEDERAL OR STATE LAWS, OR (H) THAT THE SITE, SOFTWARE OR COURSE MATERIALS CONTAINED IN THE SITE WILL MEET ANY PARTICULAR CRITERIA OR PERFORMANCE OF QUALITY.
7. Scope of Course Materials. User agrees that the scope of the course materials may cover only the subjects explicitly outlined in the Licensor's official curriculum for that course, available from the Licensor, current at the time that the payment is made. Particularly, User agrees that Licensor has made no warranty, either implied or explicit, that course materials will address the subjects of web design, website creation, web development, software development, programming and/or any other technical disciplines.
8. Access to Course Materials. User's username and password grant him or her access to the entirety of the course materials. Any additions or updates to the course materials that are made while the License is valid will also be made available to the User.
9. Lectures. License grants User the right to attend in person lectures organized by the Licensor, covering the course materials and related subjects, designated as such by the Licensor. Lecture schedule and location is available upon request from the Licensor. The lecture schedule is subject to change without notice at the sole discretion of the Licensor.
10. Tutoring, Consulting. The Licensor, at its sole discretion, may provide to the User tutoring and/or consulting services, free of charge, if Licensor deems the aformentioned services are helpful to the User. All tutoring or consulting services are governed by the terms of this Agreement, particularly Article 6 (AS IS, WHERE IS).
11. User Representations and Warranties. User represents and warrants to Licensor that (a) User possesses the legal right and ability to enter into this Agreement, (b) all information submitted by User to the site is true and accurate, (c) User will be responsible for all use of User's username and password even if such use was conducted without User's authority or permission, (d) User is at least 18 years old, and (e) User will not use the site or any course materials for any purpose that is unlawful or prohibited by this Agreement.
12. Termination. User agrees not to use the website or any course materials for any unlawful purpose and Licensor reserves the right to terminate or restrict User's access if, in Licensor's sole opinion, User's use thereof violates any laws, infringes on another person's rights or violates this Agreement, or if User has breached any representation made in this Agreement.
13. Indemnification. User hereby indemnifies and holds harmless Licensor, its affiliated companies and their employees, officers, directors, partners, shareholders and agents (hereinafter "Indemnities") from and against all claims, suits, liabilities, damages, costs, fees, expenses or losses arising out of or resulting from use of the site or any course under this Agreement, including, but not limited to, any third party claims against Indemnities for patent, copyright and/or trademark infringement and/or patent interference resulting from User access to the site and/or course materials.
14. General. This Agreement contains the entire agreement between the parties regarding User's use of the website and course materials and supersedes any and all previous and contemporaneous oral or written agreements regarding User's use of the website and course materials.
This Agreement is personal to User, which means that User may not assign User's rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement.
User agrees that this Agreement, as well as any and all claims arising from this Agreement, will be governed by and construed in accordance with the laws of the State of New York applicable to contracts made entirely within New York and wholly performed in New York, without regard to any conflict or choice of law principles. The sole jurisdiction and venue for any litigation arising out of this Agreement will be an appropriate federal or state court located in New York State . User hereby agrees to the jurisdiction of any federal or state court located in New York State.