By using Software Training Solutions' website, "SOFTWARETRAININGSOLUTIONS.COM", including, without limitation, any and all contents featured thereon (the "Site"), and/or by using any materials available for download from the Site (the "Materials"), you agree to the following terms and conditions ("TACs"):
1. Acceptance of Terms
You agree to all terms and conditions of this agreement if you use the Site or Materials in any manner, including, without limitation, "browsing" the Site, registering at, referencing and/or applying instructions contained within the Site or Materials, or printing the Materials. BY USING THE SITE OR MATERIALS, AS A 7-DAY VISITOR OR ANNUAL SUBSCRIBER, YOU ARE INDICATING YOUR CONSENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, AS THEY MAY BE MODIFIED OR AMENDED FROM TIME TO TIME.
We may amend, modify, or supplement the terms and conditions of this agreement from time to time without prior notice to you. Your continued use of the Site and/or Materials in any manner will evidence your consent to, and acceptance of, any such amendment, modification or supplementation. We will cooperate with any law enforcement officials and/or governmental agencies in the investigation of anyone who breaches, or otherwise violates, the terms and conditions of this agreement. We are not bound by, nor should you rely on, any representation (a) by any third party in respect of our services, or (b) in information posted on the Site of a general informational nature. You shall not be considered an agent of Software Training Solutions and shall not have the power or authority to bind Software Training Solutions contractually or otherwise.
We will not lease or sell your email address to any other organization, business, or Site. We will not provide advertisers with access to any information that would allow them to contact you directly. If you are under 13, you cannot purchase a Software Training Solutions product unless authorized to do so by a legal guardian.
3. The Software Training Solutions Site
SOFTWARE TRAINING SOLUTIONS, itself or in connection with third-parties,
hosts and operates the Site, which provides a server-based solution for purchasing and downloading instructions, samples, and projects for popular software
products. New services,
features, or functionalities added to the Site shall be subject to these TACs,
unless otherwise expressly stated. You shall be solely responsible for accessing
the web to use the Site and download Materials, and paying any service fees
and acquiring any necessary equipment to enable use of the Site and Materials.
SOFTWARE TRAINING SOLUTIONS strives to provide a safe, secure environment; however, the Site may be vulnerable to various security risks and hence should be deemed unsecure. By using the Site (and the Internet in general), you may be subject to various hazards, including eavesdropping, forgery, spamming, "imposturing", tampering, breaking passwords, harassment, fraud, electronic trespassing, hacking, viruses, worms, and the like, which may cause harm or damage to you or your computer. If such harm or damage should occur, you agree to hold harmless and indemnify Software Training Solutions and its subsidiaries, affiliates, agents, partners, employees, and others.
4. Registration Obligations
You agree to: provide true, accurate, current and complete information about yourself ("Data") as prompted by the Site's registration form, and maintain and promptly update such Data to ensure its accuracy. If you provide any information that is untrue, inaccurate, expired or incomplete, or SOFTWARE TRAINING SOLUTIONS has reasonable grounds to suspect that such information is untrue, inaccurate, expired or incomplete, SOFTWARE TRAINING SOLUTIONS may suspend, terminate, or refuse any and all current or future use of the Site and Materials (or any portion thereof) and may request you to destroy all Materials downloaded from the Site.
5. User Identification and Passwords
You will receive a user ID and password upon completing the Site's registration process. You are responsible for maintaining the confidentiality of your user ID and password, and are fully responsible for all activities that occur under your user ID and password. You agree to (a) immediately notify SOFTWARE TRAINING SOLUTIONS of any unauthorized use of your user ID and password or any other breach of security, and (b) ensure that you exit from the Site at the end of each session. SOFTWARE TRAINING SOLUTIONS cannot, and will not, be liable for any loss or damage arising from your failure to comply with these requirements. Notwithstanding the foregoing, SOFTWARE TRAINING SOLUTIONS cannot guarantee that your account will be free from unauthorized access by third parties.
You agree to indemnify and hold SOFTWARE TRAINING SOLUTIONS, and its subsidiaries, affiliates, officers, agents, partners, and employees, harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of your use of the Site, your connection to the Site, your violation of these TACs, your violation of the rights of any third party, or of any applicable laws, or the rights of another.
7. Distribution Rights
Your purchase of our product entitles you to copy the Materials and subsequent upgrades to one server only. In the case of organizations with multiple offices, a separate license is required for each location for which it is copied to. You may offer the materials through your Intranet but may not make the information accessible via the Internet to anyone other than your staff through secured password access .
8. Database Add On Products and Applications
SOFTWARE TRAINING SOLUTIONS may make available database products and applications for purchase or as part of its content. SOFTWARE TRAINING SOLUTIONS does not support any changes made to these database applications. Use of these database applications is at your own discretion. These applications may not be resold in any form.
9. Site Modifications and Termination of Service
SOFTWARE TRAINING SOLUTIONS
reserves the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Site (or any portion thereof) with or without
notice. You agree that SOFTWARE TRAINING SOLUTIONS shall not be liable to you
or to any third party for any modification, suspension or discontinuance of
the Site (or any portion thereof).
SOFTWARE TRAINING SOLUTIONS may, in its sole discretion, and at any time, discontinue operating the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site may be effected without prior notice. Further, you agree that SOFTWARE TRAINING SOLUTIONS shall not be liable to you or any third-party for any termination of your access to the Site or Materials.
10. Intellectual Property Rights
You hereby acknowledge and agree that, as between
SOFTWARE TRAINING SOLUTIONS and you, all right, title and interest in and to
the Site and Materials and the provision thereof, including without limitation
any patent rights, business methods, copyrights, trademarks, trade secrets and
all other intellectual property rights related thereto, shall be owned exclusively
by SOFTWARE TRAINING SOLUTIONS (copyright 2001).
Except as expressly authorized by SOFTWARE TRAINING SOLUTIONS herein, you agree not to make, display, modify, rent, lease, license, loan, sell, distribute or create derivative works downloaded from the Site, in whole or in part. As SOFTWARE TRAINING SOLUTIONS customer, you may print the Material contained within the Product for your personal use, or for distribution only to other employees within your business or organization as part of your multi-user license. In connection with your use of the Site and Materials SOFTWARE TRAINING SOLUTIONS may make software and/or other documents available to you for download from the Site. Your download and use of such software shall be bound by these TACs. SOFTWARETRAININGSOLUTIONS.COM", "Help Desk Online" ("HDO") , "eDOCS Online" and the Site logo, are our trademarks, and may not be reproduced, or otherwise used directly or indirectly, without our prior written consent in each instance. If you have any questions concerning the use of our trademarks, or other intellectual property, please send an email to firstname.lastname@example.org.
11. Disclaimer of Warranties, Limitation on Liability & Reservation of Rights
THE SITE AND MATERIALS IS BEING PROVIDED BY SOFTWARE TRAINING SOLUTIONS, AND VARIOUS THIRD-PARTY AFFILIATES AND SERVICE PROVIDERS (COLLECTIVELY, "SERVICE PROVIDERS"), AT THE SOLE RISK OF THE USER. SOFTWARE TRAINING SOLUTIONS, THE SERVICE PROVIDERS, AND THEIR RESPECTIVE INFORMATION PROVIDERS, LICENSORS, AFFILIATES, EMPLOYEES OR AGENTS, DO NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO: (a) THE RESULTS TO BE OBTAINED FROM USE OF THE SITE AND MATERIALS; (b) THE AVAILABILITY OF THE SITE; (c) THE INFORMATION CONTAINED ON THE SITE AND WITHIN THE MATERIALS, OR PROVIDED ON, OR IN CONNECTION WITH, THE SITE, INCLUDING, WITHOUT LIMITATION, THE CONTEXT IN WHICH SUCH INFORMATION IS PRESENTED, OR ANY MISTAKES, ERRORS OR MISREPRESENTATIONS PROVIDED BY ANY USER OF THE SITE OR MATERIALS; OR (d) THE CONTENT FEATURED ON THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SOFTWARE TRAINING SOLUTIONS, THE SERVICE PROVIDERS, AND THEIR RESPECTIVE INFORMATION PROVIDERS, LICENSORS, AFFILIATES, EMPLOYEES OR AGENTS, DO NOT MAKE ANY REPRESENTATION OR WARRANTY THAT THE SITE AND MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE. OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT, THE SITE. INCLUDING, WITHOUT LIMITATION, THE CONTENT FEATURED THEREON, IS AVAILABLE ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE SITE OR THE CONTENT FEATURED THEREON. LIMITATION OF LIABILITY: NEITHER SOFTWARE TRAINING SOLUTIONS, THE SERVICE PROVIDERS, NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE SHALL BE LIABLE FOR ANY GENERAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THE SITE OR ANY CONTENT FEATURED THEREON, OR THE INABILITY TO USE THE SITE OR ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, GOODWILL OR SAVINGS, DOWNTIME, AND DAMAGE TO OR REPLACEMENT OF PROGRAMS AND DATA), ARISING FROM ANY CLAIM BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE (BUT EXCLUDING CLAIMS ARISING OUT OF PERSONAL INJURY OR DEATH CAUSED BY THE NEGLIGENCE OF SOFTWARE TRAINING SOLUTIONS OR THE SERVICE PROVIDERS), EVEN IF ANY SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGE. THE PROVISIONS OF THIS PARAGRAPH WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
In certain situations, applicable law may not permit the waiver or exclusion
of certain warranties. In such situations, the foregoing disclaimer may not
be applicable to you. If you are a California resident, you hereby waive California
Civil Code Section 1542, which provides: "A general release does not extend
to claims which the creditor does not know or suspect to exist in his favour
at the time of executing the release, which if known by him must have materially
affected his settlement with the debtor", to the extent such law applies
notwithstanding paragraph 11 below.
SOFTWARE TRAINING SOLUTIONS sometimes provides access to other web sites via "links", or other similar technology, from the Site. SOFTWARE TRAINING SOLUTIONS makes no attempt to review the content or materials available at or through such other sites. SOFTWARE TRAINING SOLUTIONS does not endorse, approve, or assume any responsibility for the content, materials, products, services or information available at or through such other sites. You acknowledge and agree that SOFTWARE TRAINING SOLUTIONS 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, materials, goods or services, products, or information available on or through any such site or resource, and that your use of such content, materials, goods or services, products, or information shall be subject to the terms and conditions set forth by such third party.
SOFTWARE TRAINING SOLUTIONS cannot guarantee preservation of any information, content or records, and may delete any information, content, or records without notice, at our sole discretion. SOFTWARE TRAINING SOLUTIONS also cannot guarantee that we will notice, or prevent, any inappropriate use of the Site or Materials, including, without limitation, users registering with false information.
Notices to you may be made via either email or regular mail. The Site may also provide notices of changes to these TACs or other matters by displaying notices or links to notices to you generally on the Site.
13. Applicable Law
English: We're (you and us) governed by the laws of British Columbia.
Legaleez: THE VALIDITY, INTERPRETATION AND LEGAL EFFECT OF THIS AGREEMENT
SHALL BE GOVERNED BY THE LAWS OF THE PROVINCE OF BRITISH COLUMBIA APPLICABLE
TO CONTRACTS ENTERED INTO AND PERFORMED ENTIRELY WITHIN THE PROVINCE OF BRITISH
COLUMBIA (WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAW PRINCIPLES UNDER BRITISH
COLUMBIA LAW). THE BRITISH COLUMBIA COURTS SHALL HAVE SOLE JURISDICTION OF ANY
CONTROVERSIES REGARDING THIS AGREEMENT; ANY ACTION OR OTHER PROCEEDING WHICH
INVOLVES SUCH A CONTROVERSY SHALL BE BROUGHT IN THE COURTS OF BRITISH COLUMBIA
AND NOT ELSEWHERE. YOU HEREBY WAIVE ANY AND ALL OBJECTIONS TO VENUE IN BRITISH
COLUMBIA COURTS AND HEREBY SUBMIT TO THE JURISDICTION OF THESE COURTS. ANY PROCESS
IN ANY SUCH ACTION OR PROCEEDING MAY, AMONG OTHER METHODS, BE SERVED UPON YOU
BY DELIVERING IT OR MAILING IT, BY REGISTERED OR CERTIFIED MAIL, DIRECTED TO
THE ADDRESS YOU PROVIDE DURING ANY REGISTRATION ON THE SITE. ANY SUCH DELIVERY
OR MAIL SERVICE SHALL BE DEEMED TO HAVE THE SAME FORCE AND EFFECT AS PERSONAL
SERVICE WITHIN THE PROVINCE OF BRITISH COLUMBIA.
This agreement supersedes any prior agreements between you and us, and may be amended, modified or supplemented from time to time, by us in our sole discretion.
14. Entire Agreement
Your rights under this agreement are not assignable. Any attempt by you to assign your rights shall render this agreement voidable at our option. Any attempt by your creditors to obtain an interest in your rights under this agreement, whether by attachment, garnishment or otherwise, shall render this agreement voidable at our option.
16. Breach of TACs
Without limiting other remedies, SOFTWARE TRAINING SOLUTIONS immediately may issue a warning, temporarily suspend, indefinitely suspend or terminate your right to use the Site and Materials: (a) if you breach these TACs (including, without limitation, the documents incorporated herein by reference); (b) if SOFTWARE TRAINING SOLUTIONS is unable to verify or authenticate any information you provide to us; or (c) if SOFTWARE TRAINING SOLUTIONS believes that your actions may cause legal liability or bad publicity for you, our users or us. Please report any violations of these TACs to: Support@SoftwareTrainingSolutions.com.