The Web Site are intended solely to provide information, materials, and data (the “Information”) regarding LMS eLearning and delivery of its services.
Access to the Web Site and Application
No person under the age of eighteen (18) is authorized to access or use the Web Site. User access to, and use of, the Web Site and Application is subject to all applicable laws and regulations. Use of the Web Site and Application is void where prohibited. By using the Web, you represent and warrant that you are eighteen (18) years of age and that you have the right, authority, and capacity to enter into this Agreement and abide by the Terms.
LMS eLearning grants you a limited, non-transferable right of access and use for non-commercial purposes the Web Site and Application. Such access shall enable you to use the Web Site and Application for informational purposes. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of LMS eLearning or our affiliates without our prior express written consent.
We make no guarantees regarding the availability of the Web Site. Furthermore, we reserve the right, within our sole discretion, to discontinue the Web Site and Application. You agree that we will not be liable to you for any such discontinuance or modification of the Web Site and Application. Any rights not expressly granted by these Terms are reserved by us.
For purposes of these Terms, the term “Application” shall refer to and consist of the following: (i) the LMS eLearning software applications, together with any software code, scripts, interfaces, graphics, displays, text, documentation, and other components; and (ii) any updates, modifications, or enhancements. You acknowledge that LMS eLearning may from time-to-time issue upgraded versions of the Application and may automatically electronically upgrade the version of the Application that you are using.
Restrictions on Your Use
All content within the Web Site and Application, and any materials made available for downloading, if any, are the property of LMS eLearning and/or its affiliates or other third parties. The Web Site and portions of the Web Site and Application are protected by copyright and trademark laws. This Agreement does not grant any license to modify or alter the materials on the Web Site and Application that are viewed, downloaded, or otherwise accessed by you.
To the extent applicable, when accessing the Web Site, you are required to use the security procedures currently or hereafter maintained by us to confirm that only authorized users have access to certain information provided at, or contained in, the Web Site and Application. You are prohibited from utilizing alter-egos or other disguised identities when accessing the Web Site and Application. All forms of indirect and ‘spoofed’ access are strictly prohibited.
Intellectual Property Ownership
All intellectual property rights associated with the Web Site, including, without limitation, any inventive concepts, know-how, publicity rights, trademarks, trade-dress, trade secrets, copyrights, and patents (“Intellectual Property”) are the sole property of LMS eLearning or third parties. Except as otherwise expressly authorized by these Terms, you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Web Site and Application in any way without the express written consent of LMS eLearning or the express written consent of the appropriate third party, as applicable. Except as provided herein, LMS eLearning does not grant to you any express or implied rights to LMS eLearning or any third party’s Intellectual Property.
Although the Web Site and Application are accessible worldwide, not all information, products or services discussed or referenced herein are available to all persons or in all geographic locations. LMS eLearning makes no representation that materials on the Web Site and Application are appropriate or available for use in other locations. Those who choose to access the Web Site and Application from other locations do so on their own initiative and are responsible for compliance with local laws.
Indemnity and Release
By using the Web Site, you agree to indemnify LMS eLearning and its partners, officers, employees, and agents and hold them harmless from all claims and expenses, including attorneys’ fees, arising from your use of the Web Site and Application. By using the Web Site and Application, you are hereby agreeing to release LMS eLearning and its partners, officers, employees, and agents from all claims, demands, debts, obligations, damages (actual or consequential), costs and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to your use of the Web Site.
Severability and Integration
Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and LMS eLearning with respect to the Web Site and Application and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and LMS eLearning with respect to the Web Site.
Changes to the Terms
We may periodically modify and supplement these Terms and the notice provided to you will be the updating of these Terms. You are responsible for regularly checking these Terms for revisions. All amended Terms become effective upon our posting to the Web Site, and any use of the Web Site or Application after such revisions have been posted signifies your consent and agreement to the modified Terms.