Terms and Conditions
Company on behalf of itself and all employees and contractors accessing the content on this website on behalf of or for the benefit of Company ("Company") has read, agrees with, and accepts all of the terms and conditions contained in this User Agreement ("Agreement") before Company, its employees and/or contractors may access and use any course materials on this website. By accepting this Agreement, Company also agrees that the use of the website and course materials will be governed strictly by this Agreement for Company, its employees and contractors.
- License and Term; Restrictions. Company is hereby granted a temporary, non-exclusive, non-transferable and limited license to access purchased course materials solely for the period of time set forth in the applicable purchase order beginning on the applicable purchase order date within the terms and conditions of this Agreement. This website and all course materials are owned and/or operated by Coastal Training Technologies Corporation or its licensees ("Licensor") and contain materials created in whole or in part by Licensor or Licensor's affiliated companies, and all such material is protected by United States and international copyright and/or trademark laws. Company 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 non-commercial use for the sole benefit of Company. Company may only access this site for the number of accesses listed in the applicable purchase order for the term set forth in the applicable purchase order. As part of the subscription process for the course materials, Company has selected or been assigned a particular username and/or password. COMPANY AGREES THAT IT IS THE ONLY ENTITY ENTITLED TO ACCESS THE SITE AND COURSE MATERIALS USING THE USERNAME OR PASSWORD, AND FURTHER AGREES NOT TO PERMIT OTHERS TO ACCESS THE SITE OR COURSE MATERIALS USING SUCH USERNAME OR PASSWORD. Company further agrees that all actions taken by Company or any other user using Company’s username or password at or through the site will be attributed to and legally bind Company, even with respect to acts for which Company had no actual authority or made in error.
Further, Company 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. Userfurther agrees not to alter or tamper with any information or materials on, or associated with, the site.
- Payment. Company agrees to pay Licensor the total course price specified in the applicable purchase order and agrees that no refunds shall be issued for any reason after the password has been issued to Company, whether or not Company used any of the accesses purchased or accessed any course materials or participated in or completed any course.
- Liability; User's Exclusive Remedy. In no event and under no circumstances, including negligence, shall Licensor or any of its 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.
Company 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.
Company’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 Company to Licensor under this Agreement for the course materials.
- Copyrights; Unauthorized Use. Company 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. Company shall not make any copies of any materials and agrees and acknowledges that the license is limited solely for non-commercial use solely for the benefit of Company associated with taking the course.
Company further agrees that it will not attempt to adapt, translate, decompile, disassemble, reverse engineer, or amend any Licensor software or course materials. Further, Company 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.
Company 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.
- AS IS, WHERE IS. LICENSOR AND ITS 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.
- User Representations and Warranties. Company represents and warrants to Licensor that (a) Company possesses the legal right and ability to enter into this Agreement, (b) all information submitted by Company to the site is true and accurate, (c) Company will be responsible for all use of Company’s username and password even if such use was conducted without Company’s authority or permission, (d) Company is at least 18 years old, and (e) Company will not use the site or any course materials for any purpose that is unlawful or prohibited by this Agreement.
- Termination. Company agrees not to use the website or any course materials for any unlawful purpose and Licensor reserves the right to terminate or restrict Company’s access if, in Licensor's sole opinion, Company’s use thereof violates any laws, infringes on another person's rights or violates this Agreement, or if Company has breached any representation made in this Agreement.
- Indemnification. Company hereby indemnifies and holds harmless Licensor and its employees, officers, directors, partners, shareholders and agents (hereinafter "Indemnitees") 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 Indemnitees for patent, copyright and/or trademark infringement and/or patent interference resulting from User access to the site and/or course materials.
- General. This Agreement contains the entire agreement between Licensor and Company regarding Company’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 Company, which means that Company may not assign Company’s rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement.
Company 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 Delaware, 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 Delaware. User hereby agrees to the jurisdiction of any federal or state court located in Delaware.