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The following Terms
of Use apply to the supplier of the educational site (the "Web Site") and
to the courses, instructors, software, services, products, resources, information,
content and materials on the Web Site ("Site Content"). By using the Web
Site or Site Contents you accept and agree to comply with the following
Terms of Use. Your use of certain resources made available on the Web Site
or the conduct of certain transactions may be subject to certain additional
terms and conditions, which will be made available to you prior to using
such resources or conducting such transactions. We reserve the right to
modify, alter, update, or remove portions of these Terms of Use at any time,
so please check these Terms of Use (and our Privacy Policy) from time to
time. Your continued use of the Web Site signifies your acceptance of any
changed items. If you do not agree with our Terms of Use, your sole remedy
is to discontinue your use of the Web Site. The failure of the supplier
of the educational site (the "Supplier") to enforce these Terms of Use,
for whatever reason, shall not be construed as a waiver of any right to
do so at any time.
The Supplier's Terms of Use
Community Conduct
Submissions to The Supplier
Downloading Software
Disclaimers and Warranties
Limitation of Liability
Links to Third Party Web Sites
Indemnity
Applicable Laws and Jurisdiction
Copyrights and Trademarks
Community Conduct
While using the Web Site or Site Contents, you are a part of the Supplier's
community, and you agree that your use will respect the rights of other
members of the community. In particular you agree not to: (1) restrict or
inhibit any other user from using the Web Site or Site Content or from purchasing
any products or services sold by the Supplier or through their affiliate
relationships; (2) take any action intended to threaten, intimidate or harass
any other user of the Web Site, or which is abusive, illegal, hateful, sexually
or racially or ethnically discriminatory, otherwise objectionable or harmful;
(3) use the Web Site to send unsolicited advertising, promotional material,
or other forms of solicitation to other users, except in those specified
ways that are designed for such a purpose; or (4) submit, publish, distribute,
or transmit through the Web Site or its e-mail links materials that do not
meet the requirements of these Terms of Use; or (5 ) impersonate any person
or entity or forge anyone else's digital or manual signature or attempt
to gain unauthorized access to the Supplier's or any other person's computers,
software or data.
We reserve the right to prohibit use of the Web Site or the purchase of
products and services from the Supplier by any user who, in our sole discretion,
violates these Terms of Use. Such a prohibition may occur without notice
to the user. If you believe another user is violating these terms, you may
notify the Supplier, and we will work in good faith to resolve any such
issues. However, we have no obligation to monitor the Web Site or Site Content
and are not responsible for the accuracy or reliability of any Site Content
or opinion, advice, or statement made on the Web Site, or for any defamatory,
offensive, or illegal conduct by any user of the Web Site.
The Supplier reserves the right to investigate suspected violations of these
Terms of Use, including the gathering of information from the user or users
involved and the complaining party, if any, and examination of material
on the Supplier's servers and network. You hereby authorize the Supplier
and its distribution affiliates to cooperate with (i) law enforcement authorities
in the investigation of suspected criminal violations, and (ii) and system
administrators at other Internet service providers or other network or computing
facilities in order to enforce these Terms of Use. Such cooperation may
include the Supplier providing the username, IP address, or other identifying
information.
Submissions to The Supplier
While participating in the Supplier community, you may submit to the Supplier
resources, links, applets, information, content, software code, graphics,
artwork, templates or other materials ("Submissions") in accordance with
the guidelines set forth at the areas of the Web Site where Submissions
are accepted. You hereby grant to the Supplier a non-exclusive, perpetual,
worldwide, royalty-free license to link to, reproduce, distribute, adapt,
perform, display and create derivative works from your Submissions, and
to sublicense any of the foregoing rights. If your Submissions include software
source code, the foregoing license includes the right to analyze, report
on, summarize and display the source code. The Supplier reserves the right
at any time and without notice to refuse to post or to remove any Submission,
in its sole discretion.
You agree that your Submissions will meet all of the following requirements
for appropriate content, and make the following representations and warranties
to the Supplier:
* You have all rights and has obtained all approvals, consents, release
clearances, licenses and authorizations needed for the grant of rights and
licenses hereunder, and any Publication of your Submissions does not violate
or conflict with any other agreement you have made.
* Your Submissions do not infringe or otherwise violate any patents, copyrights,
trademarks, trade secrets, or any other proprietary rights of any third
party.
* Your Submissions do not contain any virus, worm, Trojan horse or other
routine intentionally designed to damage or allow unauthorized access to
the Web Site or any content or online courses on the Web Site, or any other
hardware, software or data.
* Your Submissions will: (i) contain four digit year codes, (ii) properly
process dates and date values before, through and beyond January 1, 2000,
including date calculations with dates both before and after January 1,
2000, and (iii) not suffer any impact on performance as a result of dates
beyond January 1, 2000.
* Your Submissions do not include material that may be used in any attempt
to circumvent the user authentication or security of any host, network,
or account, including the documentation and tutorials on tools designed
for compromising security, such as password guessing programs, cracking
tools, packet sniffers or network probing tools.
* Your Submissions: (i) do not constitute or encourage a criminal or civil
offense or unethical activity and do not otherwise give rise to liability;
(ii) comply with all applicable laws, rules and regulations; (iii) do not
contain any false, misleading, libelous or defamatory statements; (iv) do
not constitute an invasion of the rights of privacy or publicity of any
third party libelous; and (v) are not obscene, pornographic, threatening,
sexually or racially or ethnically discriminatory, or otherwise objectionable
or harmful.
Downloading Software
All software and documentation available for download from the Web Site
is the copyrighted work of the Supplier or its licensors. Software and documentation
ownership is retained by the copyright holder. You are only licensed to
use the software subject to certain restrictions contained in the end user
license agreement accompanying such software. You expressly agree that any
software or other Site Content downloaded or otherwise obtained through
the use of the Web Site is done at your own discretion and risk and that
you will be solely responsible for any damage to your network or computer
system or loss of data that results from the download of software or other
Site Content.
Disclaimers and Warranties
Products and services sold on the Web Site are provided by third parties
with only the representations and warranties that those third parties generally
provide to their customers with respect to such products and services. The
Supplier warrants that it will comply with the Purchases and Returns Policy
with respect to any products or services purchased from the Supplier, but
makes no other representations or warranties whatsoever with respect to
the products or services of third parties. Except for these limited warranties,
the Web Site and Site Content are provided on an "as is" and "as available"
basis. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW THE SUPPLIER AND
ITS SUPPLIERS EXPRESSLY DISCLAIM ALL OTHER REPRESENTATIONS OR WARRANTIES,
EITHER EXPRESS OR IMPLIED, AS TO THE WEB SITE OR THE SITE CONTENT, INCLUDING
WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
The Supplier does not make any representations or warranties that: (1) the
Web Site or Site Content or any products or services purchased from the
Supplier will meet your requirements or expectations; (2) the operation
of the Web Site or the Site Content will be uninterrupted, timely, secure,
or error-free or that any errors will be corrected; or (3) any particular
results will be obtained from the use of the Web Site or from any products
or services purchased from the Supplier.
Information on this Web site is provided for educational purposes only. In
no way should it be considered as offering diagnosis, medical advice, or
treatment for specific medical conditions. The Supplier assumes no
responsibility for how this material is used. Specific medical advice will
not be provided. Please consult a qualified physician regarding diagnosis
and the applicability of any opinions or recommendations to
your symptoms or medical condition.
Medical knowledge is ever-changing. In view of the possibility of human
error or changes in medical science, neither the instructors, nor the
Supplier, nor any other party who has been involved in the preparation or
publication of this work warrants that the information contained on the Web
Site is in every respect accurate or complete. They are also not
responsible for any errors or omissions or for the results obtained from the
use of such information.
The information contained on this Web site is provided for educational purposes
only. In no way should it be considered as offering legal advice. The Supplier
assumes no responsibility for use and/or misuse of information contained herein
and makes no warranties, either express or implied, concerning the validity or
accuracy of the information contained herein. Specific legal advice will not
be provided. End users must obtain legal advice from a licensed attorney
regarding any legal issues they may have.
Legal information is subject to revision and interpretation. The Supplier has
used reasonable efforts in collecting, preparing, and providing quality
educational information. Neither the instructors, nor the Supplier, nor any
other party who has been involved in the preparation or publication of this
work warrant that the information available here is in every respect current,
complete, or accurate.
The information contained on this Web site is provided for educational purposes
only, and in no way should be considered as offering any legal, investment,
tax, or accounting advice or advice regarding the suitability or profitability
of any company, security, fund or investment mentioned in a course. The
Supplier shall not be responsible or liable for the accuracy, usefulness or
availability of any information transmitted or made available, and shall not be
responsible or liable for any trading or investment decisions made based on
such information. The Supplier does not endorse any recommendation or opinion
made by any member, nor do we advocate the purchase or sale of any security or
investment. End users should seek the advice of a qualified securities
professional before making any investment decisions.
Limitation of Liability
YOU AGREE THAT NEITHER THE SUPPLIER NOR ITS SUPPLIERS SHALL BE LIABLE UNDER
ANY CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHER CLAIM FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE,
DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES) RESULTING FROM: (1) THE USE OF OR THE INABILITY TO USE THE WEB
SITE, SITE CONTENT OR ANY PRODUCTS OR SERVICES; (2) THE COST OF PROCUREMENT
OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION
OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE
SUPPLIER; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS OR
DATA; OR (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE.
Some jurisdictions do not allow the disclaimer of certain implied warranties
or the limitation or exclusion of liability for incidental or consequential
damages, so some of the above disclaimers, limitations and exclusions may
not apply to you.
Links to Third Party Web Sites
The Web Site includes links to various third party web sites. The Supplier
is providing these links solely as a convenience. Such linked third party
sites are not under the control of the Supplier. We have not reviewed all
of the sites linked from the Web Site and are not responsible or liable
for the contents available at any such linked site. The appearance of a
third party link on this site does not imply The Supplier's endorsement
of the linked site, its sponsor or any products or services offered on the
linked site. Use of any linked site is at your own risk.
Indemnity
You agree to indemnify, defend, and hold harmless the Supplier and its parent
company, Powered, and their officers, employees, directors, agents,
suppliers and sponsors from and against any and all claims, damages, costs,
or other expenses (including reasonable attorneys fees) that arise directly
or indirectly out of or from: (1) your breach of these Terms of Use or of
any representation or warranty made by you in these Terms of Use; (2) your
Submissions; and/or (3) your activities in connection with the Web Site
or Site Contents.
Applicable Laws and Jurisdiction
You agree to comply with all applicable laws, statutes, ordinances, and
regulations regarding your use of the Web Site and your purchase of the
products and services on the Web Site.
The Site Content and/or products and services available through the Web
Site are subject to United States export controls and may not be accessed
or used by: (1) a national or resident of Cuba, Iraq, Libya, Sudan, North
Korea, Iran, Syria, or any other country to which the United States has
embargoed goods; or (2) to anyone on the U.S. Treasury Department's list
of Specially Designated Nationals or the U.S. Commerce Department's Table
of Denial Orders. You hereby agree to the foregoing and represent and warrant
that you are not a national, resident or under the control of any such country
or on any such list.
The Supplier controls the Web Site (excluding third party linked sites)
from its corporate offices within the state of Texas, United States of America.
The Supplier makes no representation that Site Content is appropriate or
available for use in other locations, and accessing the Web Site or Site
Contents from jurisdictions where their contents are illegal is prohibited.
If you choose to access this site from such a jurisdiction, you do so at
your own risk and are solely responsible for compliance with all the laws
of your jurisdiction. The law of the state of Texas, specifically excluding
choice of law principles, will apply to all issues and matters relating
to or arising from your use of this Web site. You also submit to the exclusive
personal jurisdiction and venue of the Court located in Travis County, in
Austin, Texas, United States of America or of any federal court located
in such state.
Copyrights and Trademarks
The Web Site and Site Content is the property of the Supplier, Inc. and
its licensors and is protected by United States and International Copyright
laws. All copyright, trademark, and other proprietary rights in the Supplier
site and in the services, products, software, text, graphics, design elements,
audio, music, and all other materials originated or used by the Supplier
at the Web Site are reserved to the Supplier and its licensors. Copyright
(c) 1999 the Supplier, Inc and its licensors. All rights reserved.
The following are the Supplier trademarks: The Supplier, and the Supplier
logo. In addition, the Web Site may contain trademarks, logos and links
to the web sites of third parties. Any domain names, URLs, trademarks or
logos appearing on the Web Site or in any Site Content site are the sole
property of their respective owners.
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