CROSSROADS OF LEARNING, IT’S PARENT, AFFILIATES, SUPPLIERS, LICENSORS AND THE PROVIDER/LICENSOR OF ANY CONTENT YOU ACCESS (HEREAFTER “PROVIDERS”) ARE WILLING TO ALLOW THE USE OF ITS SYSTEMS AND CONTENT ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT.
This is a legal agreement between you (either an individual end-user or an entity) and the PROVIDERs ("Agreement"). By using any of the PROVIDERS systems, you are agreeing to all usage requirements listed on the Crossroads of Learning website and to be bound by the terms and conditions of this Agreement. If you do not agree to these requirements and the terms and conditions of this Agreement, do not accept them.
1. Grant of Agreement. Subject to the terms and conditions of this Agreement, the PROVIDERS grant to you a nonexclusive license to use the content, systems and any training course or courses included with your license for personal learning only. Any training licenses can not be used by more than one student.
2. Refund/Cancellation/Expiration policy. A refund of purchase price less a 10% (minimum $35.00) processing fee, will be given if any authentication codes delivered to the purchaser have not been used and a written request for a refund is made to the Registrar (email firstname.lastname@example.org). Refunds requested after use of the authentication codes will be considered on a case by case basis solely at the discretion of Crossroads of Learning. Any payments via credit card, check or money order which are stopped by the purchaser or unavailable due to insufficient funds may result in course cancellation without notice. Inappropriate behavior by students may also result in immediate cancellation without refund at the discretion of the Registrar. In order to insure teacher availability for all enrollments, authentication codes expire in one month if unused. Please contact Crossroads of Learning in the event you need a replacement code, or wish to purchase multiple codes to be used over an extended period of time. Course may have limitations on length of student participation after which point access will be removed. Please consult the website and relevant syllabus for more information.
3. Restrictions. PROVIDERS systems contain copyrighted material, trade secrets, and other proprietary materials of the PROVIDERS. You agree that in order to protect those proprietary materials, except as expressly permitted by applicable law, neither you nor a third party acting on your behalf will: (i) copy, decompile, disassemble or reverse engineer the Software or the course content; (ii) modify or create derivative works of the Software or course content; (iii) use the Software or course content in any manner to provide service bureau, commercial time-sharing or other computer services to third parties; (iv) transmit the Software or course content or provide its functionality, in whole or in part, over the Internet or other network; or (v) sell, distribute, rent, lease, sublicense or otherwise transfer the Software or course content to a third party,
4. Ownership. PROVIDERS systems and content is licensed, not sold, to you for use only under the terms and conditions of this Agreement, and Crossroads of Learning reserves all rights not expressly granted to you in this Agreement. PROVIDERS retain title to the Software, all respective course content and all intellectual property rights therein.
5. Termination. This Agreement is effective until terminated. Upon any violation of any of the provisions of this Agreement, rights to use the online learning system and the course content shall automatically terminate and the user name and password will be disabled. You may also terminate this Agreement at any time by notifying Crossroads of Learning that you want to terminate the agreement. If Crossroads of Learning makes a request via public announcement or press release, or direct notice to stop using the online learning system and the course content, you will comply immediately with this request. The provisions of paragraphs 3, 7, 8 and 12 will survive any termination of this Agreement.
6. Limited Product Warranty. PROVIDERS warrant to you that the systems will substantially conform to published documentation and that any deviation from the documentation or discovered bugs will be corrected in a timely manner. The PROVIDERS limited warranty is nontransferable and is limited to the original purchaser of the license to use the online learning system and the courses. This warranty gives you specific legal rights, and you may also have other rights which vary under local laws.
7. Remedies. PROVIDER’s entire liability and the limit of your remedy for any breach of warranty shall be, at PROVIDER’s option, to: (a) repair the online learning system, or (b) refund the price paid. Any refund will be prorated for the remainder of the original license period or thirty (30) days, whichever is longer. These remedies are void if failure of the online learning system has resulted from accident, abuse, not keeping your computer updated with the appropriate operating system updates or misapplication.
8. DISCLAIMER OF WARRANTY. THE WARRANTIES EXPRESSLY SET FORTH IN THIS AGREEMENT REPLACE ALL OTHER WARRANTIES. THE PROVIDERS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE SOFTWARE OR MEDIA, AND ANY WARRANTIES OF NON-INTERFERENCE OR ACCURACY OF INFORMATIONAL CONTENT. NO DEALER, AGENT, OR EMPLOYEE OF THE PROVIDERS IS AUTHORIZED TO MAKE ANY MODIFICATION, EXTENSION, OR ADDITION TO THIS WARRANTY. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
9. LIMITATION OF LIABILITY. IN NO EVENT WILL THE PROVIDERS BE LIABLE FOR ANY COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, LOST PROFITS, LOSS OF INFORMATION OR DATA, OR ANY OTHER SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING IN ANY WAY OUT OF THE SALE OF, USE OF, OR INABILITY TO USE ANY PROVIDER SYSTEM, PRODUCT OR SERVICE, EVEN IF THE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE SHALLPROVIDER’S TOTAL LIABILITY EXCEED THE ACTUAL MONEY PAID FOR THE PROVIDER’S PRODUCT OR SERVICE GIVING RISE TO THE LIABILITY. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. The above limitations will not apply in case of personal injury where and to the extent that applicable law requires such liability.
10. U.S. Government Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988) FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable.
11. Export and Local Law Assurances. You agree and certify that this license is not being used in a country where use of the online learning system or the course content is restricted by law.
12. Agreements for Minors. If you are acquiring this license for a Minor child you agree to all the terms of the agreement and you agree to take reasonable actions to ensure that the course you purchased is appropriate for the minor who will be using it.
13. General Terms and Conditions. This Agreement will be governed by and construed in accordance with the laws of the U.S and the State of California, Los Angeles County, without regard to or application of its choice of law rules or principles. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of the Agreement shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.
THIS AGREEMENT constitutes the entire agreement between the parties with respect to participation in the course and the use of the Systems and supersedes all prior or contemporaneous understandings, communications or agreements, written or oral, regarding such subject matter. PROVIDERS may, in their sole discretion, modify portions of this Agreement at any time. PROVIDERS may notify you of any changes by posting notice of such modifications on the Crossroads of Learning web site(s) or sending notice via e-mail, postal mail or other means. Your continued use of the online learning system following notice of such modifications shall be deemed to be your acceptance of any such modifications to the Agreement. If you do not agree to any such modifications, you must immediately stop using the online learning system. The systems, course content and Software is protected by United States copyright law and international treaty. Unauthorized reproduction or distribution of the systems, course content or Software is subject to civil and criminal penalties.