|
Terms and Conditions of Use
By using Turpin Communication’s Online Presentation Skills Training service,
you agree that you have read, understand and agree to these terms. You also
agree to review this agreement periodically to be aware of modifications to the
agreement, modifications which Turpin Communication may make at any time. Your
continued use of this site will be deemed your conclusive acceptance of any
modified agreement.
- Definitions
“Site” refers to the Web site and all inter-connected pages located at
www.onlinepresentationskillstraining.com
- “Access” or “Accessing” means using, viewing and/or listening to the
content, or otherwise obtaining information on the Site.
- “Agreement” or “Terms” refers to these Terms and Conditions of Use and
any subsequent modifications.
- “License” refers to the agreement between Turpin Communication and the
Buyer permitting access to the Courses and all information contained within.
- “Course” refers to the information contained within any particular
training module.
- “User” and “Learner” refer to the person viewing the Site and/or one or
more Courses.
- “Course Materials” refers to documents, handouts, files and other tools
that are a part of the Courses.
- “Buyer” refers to anyone making a purchase at the Site.
- “Single User License Buyer “refers to the person who has purchased a
license to view one or more online courses as a Learner.
- “Multi-user License Buyer” refers to the person who has purchased a
license allowing multiple Learners to Access the Site and one or more
Courses.
- “Multi-User License Administrator” refers to the person assigned to
oversee and manage the Multi-User License and its Learners’ Access to the
Courses.
- “You” or “Your” refers to the User, Learner, Buyer and anyone Accessing
the Site.
- “Turpin” refers to the Illinois Corporation of Turpin Communication,
Inc., and its employees and subsidiaries.
Modification of Terms
Turpin reserves the right to modify these Terms at any time. Except as
otherwise stated herein, any change to these Terms is effective immediately
after Turpin gives notice to the User. Notice can be given through e-mail, a
posting on the Site or any other means by which a User may obtain notice. User
agrees to check the Site periodically for changes to these Terms. Any use of the
Site after changes have been made shall be deemed acceptance of those changed
terms and/or conditions.
Limited License
Turpin hereby grants each Learner a limited, non-exclusive,
non-sub-licensable and non-transferable license to Access the content and
information available in the Courses according to the provisions contained
herein, and subject to the payment of the applicable fees and adherence to these
Terms. The duration of each license is determined by the license associated with
Course purchased.
Each Multi-user License Buyer may allow its employees and agents to access
the Courses. When the Multi-User License terminates, the employees and agents
shall no longer have Access to the Courses. Each Multi-User License Buyer agrees
that the Courses may not be Accessed by more than the authorized number of
Learners purchased by the Buyer. Each User shall be authorized to Access the
Courses from any Internet connection.
Access to the Site and the Courses; Modification of Content
Turpin strives to provide the Courses to its Learners on a continuous basis.
To that end, Turpin will take all commercially reasonable efforts to provide
uninterrupted Access of the Courses to the Learners. However, from time to time,
Learners may be unable to Access the Courses due to conditions beyond Turpin’s
control. Such conditions include, but are not limited to: force majeure, acts of
God, power outages, and the acts of computer hackers and others acting outside
the law. Also, from time to time, Access may be unavailable due to software
issues, server downtime, increased Internet traffic or downtime, programming
errors, regular maintenance of the system, and other related reasons. In
response to any unavailability of the Courses to its Learners, Turpin will take
all commercially reasonable steps to ensure Access is restored within a
reasonable period of time. The term “commercially reasonable,” as used in these
Terms, shall mean reasonable efforts taken in good faith without an unduly or
burdensome use or expenditure of time, resources, personnel or money.
Turpin endeavors to provide the highest quality content to its Learners. To
that end, Turpin reserves the right, in its sole discretion, to change, modify,
or discontinue any aspect or feature of this Site in whole or in part,
including, without limitation, the content, availability, Access and/or the
Terms of this Site. Such changes, modifications, additions or deletions will be
effective immediately upon notice thereof, which notice may be made by posting
such changes on this Site.
Users are solely responsible for ensuring that they have sufficient and
compatible hardware, software, telecommunications equipment and Internet service
necessary for use of the Site.
Prohibited Conduct
User expressly agrees to refrain from doing, either personally or through an
agent, any of the following “Prohibited Conduct”:
- Share the Courses or Course Materials with other unauthorized viewers.
Including permitting or providing other Access to the Courses using Your
username and password or otherwise, or the username and password of another
authorized User; or by displaying the Course(s) in a public location where
others can access and view the Courses or Course Materials.
- Display the Course(s) on, or be used in conjunction with, any system or
device capable of permitting or facilitating remote display, remote viewing,
and/or remote use of the Courses or Course Materials.
- Transmit, install, upload or otherwise transfer any virus,
advertisement, communication, or other item of process to the Site that in
any way affects the use of the Site, or adversely affects Turpin’s
computers, servers or databases.
- Capture, download, save, upload, print or otherwise retain or share with
others information and content available on the Site other than what is
expressly allowed by these Terms.
- Reproduce or otherwise copy beyond normal patterns the Course Materials
available within the Courses.
- Modify, adapt, or create derivative works based on the Courses, program
or accompanying documentation.
- Violate or attempt to violate Turpin’s security mechanisms, Access any
data or server You are not authorized to Access or otherwise breach the
security of the Site or corrupt the Site in any way.
- Engage in any other conduct which violates the Copyright Act or other
laws of the United States.
- Misrepresent Your identity or personal information when Accessing the
Site; forge any TCP/IP packet header or any part of the header information
in any e-mail so that the e-mail appears to be generated by lynda.com.
- Post obscene, harassing, defamatory, filthy, violent, pornographic,
abusive, threatening, objectionable or illegal material on the Site; post a
communication that advocates or encourages criminal conduct or conduct that
may give rise to civil liability.
- Advertise or otherwise solicit funds, goods or services on the Site.
To ensure that Users of the Site do not engage in Prohibited Conduct, Turpin
reserves the right to monitor use of the Site and reserves the right to revoke
or deny Access to the Courses to any person or entity whose use of the Site
suggests Prohibited Conduct. Access of the materials available within the
Courses beyond that of normal patterns of use that suggests systematic copying
of the materials constitutes abuse of the Courses and will result in revocation
or denial of Access to the Courses. The terms “normal patterns” and “abuse”
shall be determined solely by Turpin.
Limited Warranties
Turpin warrants that the software that allows Users to Access the Courses, if
operated as directed, will substantially achieve the functionality described on
the Site. Turpin provides no warranty that Your hardware, software,
telecommunications equipment and/or internet service is compatible or sufficient
to access the site.
Turpin warrants that under normal use the Site will function as programmed
and that the program is free of defects in materials and workmanship.
Copyrights, Trademarks and Other Proprietary Rights
Turpin or its third party content providers shall retain all worldwide rights
in the intellectual property in and on the Site, including, but not limited to,
trademarks, service marks, trade dress, inventions, ideas, trade secrets, the
source code, the HTML code, the "look and feel" of the Site, its color
combinations, layout, and all other graphical elements, and the copyrights in
and to its original content. You should assume that everything You read or see
on the Site is copyrighted, trademarked, or otherwise protected and owned or
licensed by Turpin. Except as expressly stated on the Site or in these Terms,
nothing that You read or see on the Site or in the Courses may be copied,
reproduced, modified, distributed, transmitted, republished, displayed or
performed for commercial use without the prior written consent of Turpin, except
as provided in these Terms. Nothing in these Terms grants You an express or
implied license to use any of Turpin’s intellectual property.
Termination of Agreement
In addition to Turpin’s other rights, it may terminate this Agreement at any
time and at its sole and absolute discretion. Turpin may also terminate Access
to the Courses or cancel licenses to the Courses without notice if it believes,
in its sole judgment, that You have breached or may breach any term or condition
of this Agreement, or engaged in conduct that Turpin deems inappropriate.
Confidentiality
Turpin values Your trust. In order to honor that trust, all of Turpin’s
Instructors are required to adhere to ethical standards in gathering, using, and
safeguarding any information You provide. For more information, please review
Turpin’s Confidentiality Agreement,
http://onlinepresentationskillstraining.com/docs/Confidentiality_Agreement.pdf
the terms of which are incorporated into this Agreement as if set forth in full.
Governing Law
These Terms and any claim or action related to or arising from these Terms or
content on the Site shall be governed by Illinois law, without regard to any
provision that would make the laws of another jurisdiction applicable. All
disputes between You and Turpin shall be finally resolved through binding
arbitration in Illinois.
|