Terms and Conditions
- ACCEPTANCE OF TERMS...The following Terms and Conditions ("Terms and Conditions") as set forth by U, Incorporated ("U, Incorporated") are entered into and agreed upon by the licensee ("Licensee"). U, Incorporated provides the learn service ("Service") to Licensee, subject to the following Terms of Service ("TOS"), which may be updated by U, Incorporated from time to time without notice to Licensee. In addition, when using particular learn services, Licensee and U, Incorporated shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
- DESCRIPTION OF SERVICE - U, Incorporated provides learn users with access to an internet-based training system. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new U, Incorporated or learn properties, shall be subject to the TOS. Licensee understands and agrees that the Service is provided "AS-IS" and that U, Incorporated assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalized settings.
- DISCLAIMER - U, Incorporated is providing the information contained in this (or these) document(s) as a service to Licensee. U, Incorporated believes that the information is correct and accurate as of the date posted and has no reason to believe otherwise. However, U, Incorporated does not guarantee the correctness or accuracy of the information and will not be responsible for incorrect or inaccurate information or any damage or loss suffered by any person as a result of reliance on such information by any person.
- REFUNDS - A refund of the purchase price shall be granted to a Licensee up to thirty (30) days from the date of purchase, provided there has been no usage or attempts of usage of the courseware by the Licensee during this period.
Refund requests must be submitted in writing to firstname.lastname@example.org. In order for a refund request to be considered the following must be included in the written request:
- Full name of Licensee
- Licensee's e-mail address
- Licensee's phone number
- Date of Purchase
- Reason for refund request
Refunds are processed within thirty days of Licensee's written request. After the refund has been processed, a confirmation e-mail will be sent to the e-mail address on file.
- LICENSEE REGISTRATION OBLIGATIONS - In consideration of Licensee's use of the Service, Licensee agree to: (a) provide true, accurate, current and complete information about Licensee as needed and (b) maintain and promptly update the data to keep it true, accurate, current and complete. If Licensee provides any information that is untrue, inaccurate, not current or incomplete, or U, Incorporated has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, U, Incorporated has the right to suspend or terminate Licensee's account and refuse any and all current or future use of the Service (or any portion thereof).
- MEMBER ACCOUNT, PASSWORD AND SECURITY - Licensee will receive an administration password and account designation upon obtaining a learn account. Licensee is responsible for maintaining the confidentiality of the password and account, and is fully responsible for all activities that occur under Licensee's password or account. Licensee agrees to (a) immediately notify U, Incorporated of any unauthorized use of Licensee's password or account or any other breach of security, and (b) ensure that Licensee exits from Licensee's account at the end of each session. U, Incorporated cannot and will not be liable for any loss or damage arising from Licensee's failure to comply with this section.
- SPECIAL ADMONITIONS FOR INTERNATIONAL USE - Recognizing the global nature of the Internet, Licensee agrees to comply with all local rules regarding online conduct and acceptable content. Specifically, Licensee agrees to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which Licensee resides.
- NO RESALE OF SERVICE - Licensee agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service without the express written authorization of U, Incorporated.
- MODIFICATIONS TO SERVICE - U, Incorporated reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Licensee agrees that U, Incorporated shall not be liable to Licensee or to any third party for any modification, suspension or discontinuance of the Service.
- LINKS - The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because U, Incorporated has no control over such sites and resources, Licensee acknowledges and agrees that U, Incorporated is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. Licensee further acknowledges and agrees that U, Incorporated shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
- U, INCORPORATED'S PROPRIETARY RIGHTS - Licensee acknowledges and agrees that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Licensee further acknowledges and agrees that Content contained in sponsor advertisements or information presented to Licensee through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by U, Incorporated or advertisers, Licensee agrees not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
U, Incorporated grants Licensee a personal, non-transferable and non-exclusive right and license to use the Software; provided that Licensee does not (and does not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. Licensee agrees not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. Licensee agrees not to access the Service by any means other than through the interface that is provided by U, Incorporated for use in accessing the Service.
- DISCLAIMER OF WARRANTIES - LICENSEE EXPRESSLY UNDERSTANDS AND AGREES THAT:
- LICENSEE'S USE OF THE SERVICE IS AT LICENSEE'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. U, INCORPORATED EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- U, INCORPORATED MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET LICENSEE'S REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY LICENSEE THROUGH THE SERVICE WILL MEET LICENSEE'S EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT LICENSEE'S OWN DISCRETION AND RISK AND THAT LICENSEE WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO LICENSEE'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY LICENSEE FROM U, INCORPORATED OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
- LIMITATION OF LIABILITY - LICENSEE EXPRESSLY UNDERSTANDS AND AGREES THAT U, INCORPORATED SHALL NOT BE LIABLE 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 U, INCORPORATED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF LICENSEE'S TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
- EXCLUSIONS AND LIMITATIONS - SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 11 AND 12 MAY NOT APPLY TO LICENSEE.
- NOTICE - Notices to Licensee may be made via either e-mail or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to Licensee generally on the Service.
- TRADEMARK INFORMATION - U, Incorporated, the U, Incorporated logo, learn and the learn logo are registered marks of U, Incorporated (the "U, Incorporated Marks"). Without U, Incorporated's prior permission, Licensee agrees not to display or use in any manner, the U, Incorporated Marks.
- COPYRIGHTS AND COPYRIGHT AGENTS - U, Incorporated respects the intellectual property of others, and we ask our users to do the same. If Licensee believes that Licensee's work has been copied in a way that constitutes copyright infringement, please provide U, Incorporated with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that Licensee claims has been infringed
- a description of where the material that Licensee claims is infringing is located on the site;
- Licensee's address, telephone number, and e-mail address;
- a statement by Licensee that Licensee has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by Licensee, made under penalty of perjury, that the above information in Licensee's Notice is accurate and that Licensee is the copyright owner or is authorized to act on the copyright owner's behalf.
- GENERAL INFORMATION - The TOS constitute the entire agreement between Licensee and U, Incorporated and govern Licensee's use of the Service, superseding any prior agreements between Licensee and U, Incorporated. Licensee also may be subject to additional terms and conditions that may apply when Licensee uses affiliate services, third-party content or third-party software. The failure of U, Incorporated to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. Licensee agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
- VIOLATIONS - Please report any violations of the TOS to U, Incorporated immediately.