Terms and Conditions
Access to and use of SoftSkillsEQ courseware (the "Website") are subject to the
following terms, conditions and notices. By accessing the Web Site you accept
and agree to be bound by the terms, conditions and notices set forth herein
(this "Agreement"). To the extent that you have entered into a written agreement
containing terms that directly conflict with any terms of this Agreement, then
the conflicting terms set forth in the written agreement shall control.
SoftSkillsEQ are services of CBT Direct, LLC. ("the Company"). The Company, may
at any time and in its sole discretion, modify the terms of this Agreement by
updating this Web page. Therefore, you should review this page from time to time
so that you will be aware of any such modifications.
The Company may post additional guidelines or rules, whether relating to
particular subparts of the Web Site or otherwise (the "Subpart Terms") from time
to time. Any Subpart Terms are hereby incorporated into this Agreement by
reference; provided, however, that in the event of a direct conflict between any
Subpart Terms and the terms set forth on this page, the terms hereof shall control.
Use of Material: Non-Commercial Purpose, Duration
The contents of the Web Site are protected by copyright and other laws in both the United States and elsewhere. The contents of this Web Site include both content owned or controlled by the Company and content owned or controlled by third parties and licensed to the Company. The Company authorizes you to view and download a single copy of material on the Web Site solely for your personal, noncommercial use. The Web Site is for your personal, noncommercial use. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of, use of, or access to the Web Site. The Company grants you full use and access for a period of one (1) calendar (365 days) year, from the date of purchase.
Links
The Web Site may contain links to other web sites ("Linked Sites"). Linked Sites are not under the control of the Company and the Company is not responsible for the contents thereof. These links are provided to you only as a convenience, and inclusion of a link does not imply endorsement of the Linked Site by the Company or any association with its operators. You acknowledge and agree that the Company shall not be responsible or liable for any damage or loss caused by or in connection with use of or reliance on any content, goods or services available on or through any Linked Site.
Termination
The
Company reserves the right, in its sole discretion, to terminate your access to
and use of the Web Site or any part hereof, and to remove and discard any
material posted by you hereon, for any reason whatsoever, including, without
limitation, for lack of use or if the Company believes that you have violated or
acted inconsistently with the letter or spirit of this Agreement; provided,
however, that the Company will have no liability or responsibility for the
performance or nonperformance of such activities. The Company may also, in its
sole discretion and at any time, discontinue operation of the Web Site, or any
part hereof. Any such termination may be effected without any prior notice. Upon
any such termination, the Company may immediately deactivate or delete your
account and all related information and files in your account and/or bar any
further access to such files or the Web Site generally. Further, the Company
shall not be liable to you or any third-party for any termination of your access
to the Web Site.
No Warranties; Limitation of Liability; Disclaimer of Damages
THE
WEB SITE AND ALL THE CONTENTS HEREOF ARE PROVIDED ON AN "AS IS" BASIS WITHOUT
ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THE COMPANY AND ITS
AFFILIATES AND THIRD PARTIES ASSOCIATED WITH THE WEB SITE, TO THE FULLEST EXTENT
PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO
WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND
NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS. THE COMPANY AND ITS
AFFILIATES AND THIRD PARTIES ASSOCIATED WITH THE WEB SITE, MAKE NO WARRANTIES
ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEB SITE OR
THE CONTENTS HEREOF. THE COMPANY DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE
ERROR-FREE OR THAT THE WEB SITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR
OTHER HARMFUL ITEMS. IF YOUR USE OF THE WEB SITE OR THE CONTENTS HEREOF RESULTS
IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT
RESPONSIBLE FOR THOSE COSTS. MUCH OF THE MATERIAL ON THE WEB SITE IS PROVIDED BY
THIRD PARTIES AND THE COMPANY SHALL NOT BE HELD RESPONSIBLE FOR ANY SUCH THIRD
PARTY MATERIAL. YOUR USE OF THE WEB SITE IS AT YOUR OWN RISK. IF YOU ARE
DISSATISFIED WITH ANY OF THE MATERIALS OR OTHER CONTENTS OF THE WEB SITE OR WITH
THIS AGREEMENT, THE COMPANY'S PRIVACY POLICY, OR OTHER POLICIES, YOUR SOLE REMEDY IS TO
DISCONTINUE USE OF THE WEB SITE. ALTHOUGH THE WEB SITE IS INTENDED TO BE EDUCATIONAL,
NEITHER THE COMPANY OR ITS AFFILIATES OR ANY THIRD PARTY ASSOCIATED WITH THE WEB SITE
MAKES ANY REPRESENTATIONS, WARRANTIES OR GUARANTIES THAT ANY USER HEREOF WILL OBTAIN ANY
PARTICULAR RESULT, INCLUDING, WITHOUT LIMITATION, MASTER ANY PARTICULAR SKILLS
OR PASS ANY EXAMINATION OR ACHIEVE ANY OTHER TANGIBLE RESULTS BASED UPON USE OF
THE PRODUCTS, SERVICES, OR OTHER OFFERINGS ON THIS WEBSITE. IN NO EVENT SHALL
THE COMPANY OR ITS AFFILIATES OR THIRD PARTIES ASSOCIATED WITH THE WEB SITE BE
LIABLE TO ANY USER OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,
EXEMPLARY OR LOST PROFITS) RESULTING FROM THE USE OR INABILITY TO USE THE WEB
SITE OR THE CONTENTS THEREOF, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY
OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees, agents, affiliates and strategic partners from and against any claims, actions or demands, arising or resulting from your use of the Web Site or your breach of the terms of this Agreement. The Company shall provide notice to you promptly of any such claim, suit or proceeding and reasonably assist you, at your expense, in defending any such claim, suit or proceeding.
Miscellaneous
This Agreement is governed by the internal laws of the UNITED STATES of AMERICA (USA) and the STATE of FLORIDA. You hereby consent to the exclusive jurisdiction and venue of courts located in the cities of TAMPA, CLEARWATER, and/or SAINT PETERSBURG in the STATE of FLORIDA in the USA in all disputes arising out of or relating to the use of the Web Site. Use of the Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions including, without limitation, this paragraph. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. This Agreement constitutes the entire agreement between the user and the Company with respect to the Web Site and supersedes all prior or contemporaneous communications, proposals, whether electronic, oral or written, between the user and the Company with respect to the Web Site.